CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES  


SUBCHAPTER A. PURPOSE AND SCOPE
§ 749.1. What is the purpose of this chapter?
§ 749.3. Who is responsible for complying with the rules of this chapter?
SUBCHAPTER B. DEFINITIONS AND SERVICES
DIVISION 1. DEFINITIONS
§ 749.41. What do certain pronouns mean in this chapter?
§ 749.43. What do certain words and terms mean in this chapter?
DIVISION 2. SERVICES
§ 749.61. What types of services does Licensing regulate?
§ 749.63. Can I provide each type of service that Licensing regulates?
§ 749.65. What children are eligible to participate in a transitional living program?
§ 749.67. What are the requirements for a transitional living program?
§ 749.69. What is an "independent living program"?
§ 749.71. May I have an independent living program?
SUBCHAPTER C. ORGANIZATION AND ADMINISTRATION
DIVISION 1. PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS
§ 749.101. What plans must I submit for Licensing's approval as part of the application process?
§ 749.103. What policies and procedures must I submit for Licensing's approval as part of the application process?
§ 749.105. What are the requirements for my personnel policies and procedures?
§ 749.107. What must my conflict of interest policies include?
§ 749.109. What must my admission policies include?
§ 749.111. What must my placement policies include?
§ 749.113. What child-care policies must I develop?
§ 749.115. What emergency behavior intervention policies must I develop if my foster homes are permitted to use emergency behavior intervention?
§ 749.117. What are the requirements for my discipline policies for children in care?
§ 749.119. What foster care policies must I develop?
§ 749.121. What policies must I develop concerning the rights and responsibilities of the child-placing agency and foster parents?
§ 749.123. What policies must I develop regarding foster parents who provide treatment services to a child with primary medical needs?
§ 749.125. What policies must I develop for foster parents who offer a transitional living program?
§ 749.127. What policies must I develop for babysitters, overnight care providers, and respite care providers?
§ 749.129. What policies must I develop for a legal risk placement program for foster-adoptive families?
§ 749.131. What policies must I develop if I offer adoption services?
§ 749.133. What policies must I develop if I use volunteers?
§ 749.135. What abuse and neglect policies must I develop?
§ 749.136. What suicide prevention, intervention, and postvention policy must I have?
§ 749.137. What is the model suicide prevention, intervention, and postvention policy?
§ 749.138. What are the general requirements for an agency's policies and procedures?
§ 749.139. What requirements must I follow when adopting my child-placing agency's plans, policies, and procedures?
§ 749.141. Can Licensing cite my agency for a deficiency if I fail to operate according to my approved plans, policies, and procedures?
DIVISION 2. OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS
§ 749.151. What are my operational responsibilities?
§ 749.153. What changes must I notify Licensing about regarding my child-placing agency?
§ 749.154. What is my timeframe for filling my child-placing agency administrator position if it becomes vacant while I do not have a back-up administrator to carry out the administrator duties?
§ 749.155. What are the liability insurance requirements?
§ 749.157. What are acceptable reasons not to have liability insurance?
§ 749.159. When must I notify parents that I do not carry liability insurance?
DIVISION 3. GENERAL FISCAL REQUIREMENTS
§ 749.161. What are my fiscal requirements?
DIVISION 4. FISCAL REQUIREMENTS FOR ADOPTION AGENCIES
§ 749.191. What type of financial report must I submit to Licensing if I provide adoption services?
§ 749.193. May I make payments for adoption referrals?
§ 749.195. What types of fees may I collect prior to the completion and approval of a home study?
§ 749.197. For adoption services, what fee policies must I have?
§ 749.199. Must I charge the same fees for all adoptions?
DIVISION 5. FINANCIAL ASSISTANCE TO BIRTH MOTHERS
§ 749.231. What financial assistance may I provide for a birth mother?
§ 749.233. During what period of time may I provide financial assistance to a birth mother?
§ 749.235. How do I determine the birth mother's need for financial assistance?
§ 749.237. How do I document financial assistance that I provide for a birth mother?
§ 749.239. May I provide cash payments to birth mothers?
§ 749.241. If a birth mother decides not to relinquish a child for adoption, may I require her to repay my agency or the adoptive parent for expenses and services incurred?
§ 749.243. May I provide foster care services free of charge or at a reduced rate to a birth mother that needs time to make a decision about adoptive placement?
§ 749.245. If a birth mother's needs are met through existing resources, can I disrupt that arrangement?
DIVISION 6. FISCAL ACCOUNTABILITY/PASS-THROUGH EXPENSES
§ 749.271. May I require adoptive families to reimburse me for expenses incurred by the birth mother?
§ 749.273. What must I do if I pass through expenses to adoptive families?
DIVISION 7. BRANCH OFFICES
§ 749.301. What is a branch office?
§ 749.303. What must I do before opening a branch office?
§ 749.304. Where must I have a main or branch office?
§ 749.305. What are the requirements for administrators and treatment directors for a main office and branch offices?
§ 749.307. What happens to the foster homes supervised by a branch office when the branch office closes?
DIVISION 8. CLIENTS AND APPEALS
§ 749.421. Who are my clients?
§ 749.423. What rights do my adult clients have?
§ 749.425. What must my appeal process include?
SUBCHAPTER D. REPORTS AND RECORD KEEPING
DIVISION 1. REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES
§ 749.501. What do certain terms mean in this subchapter?
§ 749.503. When must I report and document a serious incident?
§ 749.505. What constitutes a suicide attempt by a child?
§ 749.509. How do I make a report of a serious incident or occurrence to Licensing?
§ 749.511. How must I document a serious incident?
§ 749.513. What additional documentation must I include with a written serious incident report?
§ 749.515. How long must I keep my incident reports?
§ 749.517. What are the notification requirements when Licensing finds my operation deficient in a standard related to safe sleeping or the abuse, neglect, or exploitation of a child?
§ 749.519. How must I notify parents of a safe sleeping deficiency or an abuse, neglect, or exploitation deficiency?
DIVISION 2. OPERATION RECORDS
§ 749.529. What are the retention requirements for my agency's policies?
§ 749.531. What policies and procedures must I have for protecting records?
§ 749.533. What additional policies and procedures must I have for electronic records?
§ 749.534. Are electronic signatures allowed?
§ 749.535. How current must a record be?
§ 749.537. Must I make records available for Licensing to review?
§ 749.539. Where must I maintain foster home disaster and emergency plans?
DIVISION 3. PERSONNEL RECORDS
§ 749.551. Where must I maintain personnel records?
§ 749.553. What information must the personnel record of an employee include?
§ 749.554. What information regarding personnel must be kept confidential?
§ 749.555. How long must I maintain personnel records?
DIVISION 4. CLIENT RECORDS
§ 749.571. What client records must I maintain?
§ 749.573. Where must I maintain active master records for clients?
§ 749.575. What is an active record for a child?
§ 749.577. What information must an active child record include?
§ 749.579. How must I maintain an active child record?
§ 749.581. Where must I maintain archived master records for clients?
§ 749.583. Who must consent to the release of a child's record?
§ 749.585. How long must I maintain client records?
§ 749.587. How must I handle adoption records if I cease operating?
DIVISION 5. UNAUTHORIZED ABSENCES
§ 749.590. What additional requirements are there for unauthorized absences of children from a foster home?
§ 749.591. What documentation must be included in an annual summary log for a child who has an unauthorized absence?
§ 749.592. What are the requirements for debriefing a child after an unauthorized absence?
§ 749.593. When must a triggered review of a child's unauthorized absences occur?
§ 749.594. Who must participate in a triggered review of a child's unauthorized absences?
§ 749.595. What must a triggered review of a child's unauthorized absences include?
§ 749.596. What is an overall agency evaluation for unauthorized absences?
SUBCHAPTER E. AGENCY STAFF AND CAREGIVERS
DIVISION 1. GENERAL REQUIREMENTS
§ 749.603. Does education received outside of the United States count toward educational qualifications?
§ 749.605. What minimum qualifications must all employees meet?
§ 749.607. What general responsibilities do all employees and caregivers have?
§ 749.609. What are the requirements for tuberculosis screening?
DIVISION 2. CHILD-PLACING AGENCY ADMINISTRATOR
§ 749.631. What qualifications must a child-placing agency administrator meet?
§ 749.633. Can a child-placing agency administrator be an administrator for two residential child-care operations?
§ 749.635. What responsibilities must the child-placing agency administrator have?
§ 749.637. Who must have overall administrative responsibility when the child-placing agency administrator is absent on a frequent and/or extended basis?
DIVISION 3. CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF
§ 749.661. What employees must my agency have to perform child placement activities?
§ 749.663. What are the responsibilities of child placement staff?
§ 749.667. What are the responsibilities of child placement management staff?
§ 749.669. How do child placement management staff document approval?
§ 749.673. What are the qualifications that an employee must have to perform child placement activities?
§ 749.675. What are the qualifications an employee must have to perform child placement management activities?
§ 749.677. What are the requirements for child placement management staff at a branch office?
§ 749.679. What are the requirements for the caseloads of my child placement staff?
DIVISION 4. TREATMENT DIRECTOR
§ 749.721. Must I have a treatment director?
§ 749.723. What are the responsibilities of my treatment director?
§ 749.725. What qualifications must a treatment director have?
§ 749.727. If I provide more than one type of treatment service, can I have one treatment director?
DIVISION 5. TREATMENT SERVICES PROVIDED BY NURSING PROFESSIONALS
§ 749.741. What treatment services must a registered nurse provide if I support a child with primary medical needs?
DIVISION 6. CONTRACT STAFF AND VOLUNTEERS
§ 749.761. What are the requirements for a volunteer?
§ 749.763. Are there additional requirements for a volunteer or contractor that performs employee or caregiver functions?
§ 749.767. When is a volunteer or contractor who is a part of another organization subject to my policies and procedures?
§ 749.769. May a person perform community service hours at my agency?
SUBCHAPTER F. TRAINING AND PROFESSIONAL DEVELOPMENT
DIVISION 1. DEFINITIONS
§ 749.801. What do certain words and terms mean in this subchapter?
DIVISION 2. OVERVIEW OF TRAINING AND EXPERIENCE REQUIREMENTS
§ 749.811. What are the training and experience requirements for a caregiver?
§ 749.813. What are the training requirements for an employee?
DIVISION 3. ORIENTATION
§ 749.831. What is the orientation requirement for caregivers and employees?
§ 749.833. When may a caregiver or employee be exempt from orientation?
DIVISION 4. PRE-SERVICE EXPERIENCE AND TRAINING
§ 749.861. What are the pre-service experience requirements for caregivers?
§ 749.863. What are the pre-service training requirements for a caregiver?
§ 749.864. What are the pre-service training requirements for an employee?
§ 749.865. Can time spent in orientation training count towards pre-service training?
§ 749.867. What caregivers or employees are exempt from certain pre-service training requirements?
§ 749.868. Can a child-placing agency waive pre-service training requirements for a foster parent?
§ 749.869. How must pre-service training be conducted?
DIVISION 5. CURRICULUM COMPONENTS FOR PRE-SERVICE TRAINING
§ 749.881. What curriculum components must be included in the general pre-service training?
§ 749.882. What curriculum components must be included in the pre-service training for normalcy?
§ 749.883. What curriculum components must be included in the pre-service training for safe sleeping?
§ 749.885. What curriculum components must be included in the pre-service training for administering psychotropic medication?
§ 749.887. If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention?
§ 749.889. If I allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention?
DIVISION 6. PEDIATRIC FIRST AID AND PEDIATRIC CPR CERTIFICATION
§ 749.911. Who must have pediatric first aid and pediatric CPR training?
§ 749.913. Are there any exemptions from pediatric first aid and pediatric CPR certification?
§ 749.915. What documentation must I maintain for pediatric first-aid and pediatric CPR certifications?
DIVISION 7. ANNUAL TRAINING
§ 749.930. What are the annual training requirements for a caregiver?
§ 749.931. What are the annual training requirements for an employee?
§ 749.932. What exemptions or waivers may apply to the annual training requirements for a caregiver?
§ 749.933. When must an employee or caregiver complete the annual training?
§ 749.935. What types of hours or instruction can be used to complete the annual training requirements?
§ 749.937. Does Licensing approve training resources or trainers for annual training hours?
§ 749.939. How must annual training be conducted?
DIVISION 8. TOPICS AND CURRICULUM COMPONENTS FOR ANNUAL TRAINING
§ 749.941. What areas or topics are appropriate for annual training?
§ 749.943. What curriculum components must be included in the annual training for normalcy?
§ 749.944. What curriculum components must be included in the annual training for employees on the prevention, recognition, and reporting of child abuse, neglect, and exploitation?
§ 749.945. What curriculum components must be included in the annual training for administering psychotropic medication?
§ 749.947. What curriculum components must be included in the annual training for emergency behavior intervention?
§ 749.949. What documentation must I maintain for annual training?
SUBCHAPTER G. CHILDREN'S RIGHTS
§ 749.1001. How must I protect the rights of children served by my child-placing agency?
§ 749.1003. What rights does a child in care have?
§ 749.1005. How must I inform a child and the child’s parents of their rights?
§ 749.1007. What are a child’s rights regarding education?
§ 749.1009. What right does a child have regarding contact with a parent?
§ 749.1011. What right does a child have regarding contact with siblings?
§ 749.1013. What right to privacy does a child have with respect to his contact with others?
§ 749.1015. Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety?
§ 749.1017. May a caregiver conduct a body cavity search of a child in care?
§ 749.1019. What must a caregiver document regarding a search?
§ 749.1021. What techniques am I prohibited from using on a child?
SUBCHAPTER H. FOSTER CARE SERVICES: ADMISSION AND PLACEMENT
DIVISION 1. ADMISSIONS
§ 749.1101. Who may I admit?
§ 749.1103. After a child in my care turns 18 years old, may the person remain in my care?
§ 749.1105. May I admit a young adult into care?
§ 749.1107. What information must I document in the child's record at the time of admission?
§ 749.1109. What is a placement agreement?
§ 749.1111. What orientation must I provide a child?
§ 749.1113. What information must I share with the parent at the time of placement?
§ 749.1115. What information must I provide caregivers when I admit a child?
DIVISION 2. ADMISSION ASSESSMENT
§ 749.1131. When must I complete the admission assessment?
§ 749.1133. What information must an admission assessment include?
§ 749.1135. What are the additional admission assessment requirements when I admit a child for treatment services?
§ 749.1137. What if I cannot obtain the required information for an admission assessment?
DIVISION 3. REQUIRED ADMISSION INFORMATION
§ 749.1151. What are the medical requirements when I admit a child into care?
§ 749.1153. What are the dental requirements when I admit a child into care?
§ 749.1155. What must I document when I re-admit a child for care?
DIVISION 4. EMERGENCY ADMISSION
§ 749.1181. For which of my programs may I accept emergency admissions?
§ 749.1183. What constitutes an emergency admission to my child-placing agency?
§ 749.1185. May I take possession of a child from a law enforcement officer?
§ 749.1187. For an emergency admission, when must I complete all of the requirements for an admission assessment?
§ 749.1189. At the time of an emergency admission, what information must I document in the child's record?
DIVISION 5. FOSTER CARE PLACEMENT
§ 749.1251. What are the requirements for pre-placement visits for a child?
§ 749.1253. What must staff do to prepare a child for a placement?
§ 749.1255. What information from an admission assessment must I share with the caregivers responsible for the child's care?
DIVISION 6. SUBSEQUENT PLACEMENT
§ 749.1281. What are the requirements when I move a child from one foster home to another?
DIVISION 7. POST-PLACEMENT CONTACT
§ 749.1291. What are the requirements for contact between child placement staff and children in foster care?
SUBCHAPTER I. FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE
DIVISION 1. SERVICE PLANS
§ 749.1301. What are the requirements for a preliminary service plan?
§ 749.1305. Who must be involved in developing the preliminary service plan?
§ 749.1307. When must I complete an initial service plan?
§ 749.1309. What must a child's initial service plan include?
§ 749.1311. Who must be involved in developing an initial service plan?
§ 749.1312. Can the service planning team discuss and develop a child's service plan in separate meetings?
§ 749.1313. When must I inform the child's parents and foster parents of an initial service plan meeting?
§ 749.1315. Must a professional service provider or a professional who must participate in a child's service plan be an employee of my agency?
§ 749.1317. What roles do professional service providers have in service planning?
§ 749.1319. What must I document regarding a professional service provider's participation in the development of an initial service plan?
§ 749.1321. With whom do I share the initial service plan?
§ 749.1323. When must I implement a service plan?
DIVISION 2. SERVICE PLAN REVIEW AND UPDATES
§ 749.1331. How often must I review and update a service plan?
§ 749.1333. How does a child's transfer affect the timing of the review of the child's service plan?
§ 749.1335. How do I review and update a service plan?
§ 749.1336. Can the child-placing agency continue to review and update a child's previous service plan without creating a new service plan?
§ 749.1337. Are the notification, participation, implementation, and documentation requirements for a service plan review and update the same as for an initial service plan?
§ 749.1339. How often must I re-evaluate the intellectual functioning of a child receiving treatment services for intellectual disabilities?
DIVISION 3. DISCHARGE AND TRANSFER PLANNING
§ 749.1361. What does a "transfer" of a child in care mean?
§ 749.1363. Who must plan a child's non-emergency discharge or transfer?
§ 749.1365. May a foster home release a child to any person without my consent?
§ 749.1367. To whom can I discharge a child in a non-emergency situation?
§ 749.1369. How do I discharge or transfer a child who is an immediate danger to self or others?
§ 749.1371. What must I document in the child's record at the time of a discharge or transfer?
§ 749.1373. When I discharge a child, what information must I provide to the next placement or caregiver?
§ 749.1377. What constitutes an emergency discharge or transfer?
SUBCHAPTER J. FOSTER CARE SERVICES: MEDICAL AND DENTAL
DIVISION 1. MEDICAL AND DENTAL CARE
§ 749.1401. What general medical requirements must my agency meet?
§ 749.1403. Who determines the need and frequency for ongoing maintenance of medical care and treatment for a child?
§ 749.1405. Who must perform medical care examinations and provide medical treatment for a child?
§ 749.1409. What general dental requirements must my agency meet?
§ 749.1411. Who must determine the frequency and need for ongoing maintenance of dental health for a child?
§ 749.1413. Who must perform dental examinations and provide dental treatment?
§ 749.1415. What health precautions must I take if a person in care, employee, caregiver, someone else in one of my foster homes, or someone else in my agency has a communicable disease?
§ 749.1417. Who must have a tuberculosis (TB) examination?
§ 749.1421. What immunizations must a child in my care have?
§ 749.1423. What exemptions or exceptions are there concerning immunization requirements?
§ 749.1425. What documentation is acceptable for an immunization record?
§ 749.1427. Must children in my care have a vision and hearing screening?
§ 749.1429. What must I do if a child in my care is identified as needing a diagnostic vision or hearing examination?
§ 749.1431. What special equipment must I provide for a child with a physical disability?
§ 749.1433. How often must the physician review a child's primary medical needs?
§ 749.1435. What are the requirements for using a nasogastric tube?
§ 749.1437. How must a caregiver respond when a child is injured or ill and requires immediate treatment by a health-care professional?
DIVISION 2. ADMINISTRATION OF MEDICATION
§ 749.1461. What consent must I obtain to administer medications?
§ 749.1463. What are the requirements for administering prescription medication?
§ 749.1469. What are the requirements for administering non-prescription medication and supplements?
DIVISION 3. SELF-ADMINISTRATION OF MEDICATION
§ 749.1501. What are the requirements for a self-medication program?
§ 749.1503. Who must record the medication dosage if the child is on a self-medication program?
DIVISION 4. MEDICATION STORAGE AND DESTRUCTION
§ 749.1521. What medication storage and destruction requirements must a foster home meet?
DIVISION 5. MEDICATION RECORDS
§ 749.1541. What records must caregivers maintain for each child receiving medication?
§ 749.1543. Where must a child's medication records be maintained?
§ 749.1545. What other requirements must I meet regarding medication records?
DIVISION 6. MEDICATION AND LABEL ERRORS
§ 749.1561. What is a medication error?
§ 749.1563. What must a caregiver do if the caregiver finds a medication error?
§ 749.1565. What must a caregiver do if the caregiver finds a medication label error?
DIVISION 7. SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION
§ 749.1581. What must a caregiver do if a child has an adverse reaction to a medication?
§ 749.1583. What must a caregiver do if a child experiences side effects from any medications?
DIVISION 8. USE OF PSYCHOTROPIC MEDICATION
§ 749.1603. If my agency employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give consent before requesting his consent for the child to be placed on psychotropic medication?
§ 749.1605. If my agency does not employ or contract with the health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give medical consent prior to the health-care professional prescribing psychotropic medications to a child in care?
§ 749.1607. What are the requirements if a physician orders administration of a psychotropic medication to a child in an emergency?
§ 749.1609. What information must be documented about a child's use of psychotropic medication?
§ 749.1611. If my agency employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what are the requirements for evaluating whether a child should continue taking a psychotropic medication?
DIVISION 9. PROTECTIVE DEVICES
§ 749.1641. What is a protective device?
§ 749.1643. What does "involuntary self-injurious behavior" mean when used in this division?
§ 749.1645. May I use protective devices?
§ 749.1647. Who may use PRN orders with respect to protective devices?
DIVISION 10. SUPPORTIVE DEVICES
§ 749.1671. What is a supportive device?
§ 749.1673. May I use supportive devices?
§ 749.1675. Who may use PRN orders with respect to supportive devices?
SUBCHAPTER K. FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT
DIVISION 1. ADDITIONAL REQUIREMENTS FOR INFANT CARE
§ 749.1801. What do certain words mean in this division?
§ 749.1803. What are the basic care requirements for an infant?
§ 749.1805. What furnishings and equipment must I have in an infant care area?
§ 749.1807. What specific safety requirements must my cribs meet?
§ 749.1809. Are mesh cribs or port-a-cribs allowed?
§ 749.1811. What equipment must have safety straps before I can use it with an infant?
§ 749.1813. What types of equipment may a foster home not use with infants?
§ 749.1815. What are the specific sleeping requirements for infants?
§ 749.1817. May I allow an infant to sleep in a restrictive device?
§ 749.1819. What are the specific requirements for feeding an infant?
§ 749.1821. May I swaddle an infant to help the infant sleep?
DIVISION 2. ADDITIONAL REQUIREMENTS FOR TODDLER CARE
§ 749.1841. What are the basic care requirements for a toddler?
DIVISION 3. ADDITIONAL REQUIREMENTS FOR PREGNANT CHILDREN
§ 749.1861. What information must I provide a pregnant child regarding her pregnancy?
§ 749.1863. Is the use of emergency behavior intervention of a pregnant child permitted in a foster home?
§ 749.1865. If my policies permit the admission of adolescent parents with their child(ren), who is responsible for the care of an adolescent's child?
DIVISION 4. EDUCATIONAL SERVICES
§ 749.1891. What responsibilities do I have for the education of a child in care?
§ 749.1893. What responsibilities do caregivers have for the educational needs of a child in their care?
§ 749.1895. What are the specific requirements for the educational program of a child diagnosed with autism spectrum disorder?
DIVISION 5. RECREATIONAL SERVICES
§ 749.1921. What responsibilities do foster parents have for providing a child with opportunities for recreational activities?
§ 749.1923. What physical fitness activities must caregivers provide for a child receiving treatment services for primary medical needs or intellectual disability?
§ 749.1925. What type of daily schedule must caregivers provide for a child receiving treatment services for primary medical needs or intellectual disability?
§ 749.1927. To what extent must a child receiving treatment services for primary medical needs or intellectual disabilities have normal life experiences?
DIVISION 6. DISCIPLINE AND PUNISHMENT
§ 749.1951. What are the requirements for disciplinary measures?
§ 749.1953. May I use corporal punishment for children in care?
§ 749.1955. What is "unproductive work"?
§ 749.1957. What other methods of punishment are prohibited?
§ 749.1959. To what extent may a caregiver restrict a child's activities as a behavior management tool?
§ 749.1961. May a person in care discipline or punish another person in care?
SUBCHAPTER L. FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION
DIVISION 1. DEFINITIONS
§ 749.2001. What do certain terms mean in this subchapter?
DIVISION 2. TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED
§ 749.2051. What types of emergency behavior intervention may I administer?
§ 749.2053. Who may administer emergency behavior intervention?
§ 749.2055. What actions must a caregiver take before using a permitted type of emergency behavior intervention?
§ 749.2059. What is the appropriate use for a short personal restraint?
§ 749.2061. What precautions must a caregiver take when implementing a short personal restraint?
§ 749.2063. Are there any purposes for which emergency behavior intervention cannot be used?
DIVISION 3. ORDERS
§ 749.2101. Are written orders required to administer emergency behavior intervention, and if so, who can write them?
§ 749.2103. Must the written order be in a child's record before a caregiver can use an emergency behavior intervention on a child?
§ 749.2105. What information must a written order include?
§ 749.2107. Under what conditions are PRN orders permitted for a specific child?
DIVISION 4. RESPONSIBILITIES DURING ADMINISTRATION OF ANY TYPE OF EMERGENCY BEHAVIOR INTERVENTION
§ 749.2151. What responsibilities does a caregiver have when implementing a type of emergency behavior intervention?
§ 749.2153. When must a caregiver release a child from an emergency behavior intervention?
DIVISION 5. ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF A PERSONAL RESTRAINT
§ 749.2201. Who must monitor a personal restraint?
§ 749.2203. What is the appropriate action for a caregiver to take to ensure the child's adequate respiration, circulation, and overall well-being?
§ 749.2205. What personal restraint techniques are prohibited?
DIVISION 6. COMBINATIONS OF EMERGENCY BEHAVIOR INTERVENTION
§ 749.2231. May a caregiver successively use emergency behavior interventions on a child?
§ 749.2233. May a caregiver simultaneously use emergency medication in combination with personal restraint?
DIVISION 7. TIME RESTRICTIONS FOR EMERGENCY BEHAVIOR INTERVENTION
§ 749.2281. What is the maximum length of time that an emergency behavior intervention can be administered to a child?
§ 749.2283. Can a caregiver exceed the maximum length of time that an emergency behavior intervention can be administered to a child?
DIVISION 8. GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION
§ 749.2301. What follow-up actions must caregivers take after the child's behavior no longer constitutes an emergency situation?
§ 749.2303. What must the caregiver document after discussing with the child the use of the emergency behavior intervention?
§ 749.2305. When must a caregiver document the use of an emergency behavior intervention, and what must the documentation include?
§ 749.2307. What notice must I provide to the parent when I use an emergency behavior intervention with a child in care?
DIVISION 9. TRIGGERED REVIEWS
§ 749.2331. What circumstances trigger a review of the use of emergency behavior intervention for a specific child?
§ 749.2333. When must a triggered review occur?
§ 749.2335. Who must participate in the triggered review?
§ 749.2337. What must the triggered review include and what must be documented in the child's record?
§ 749.2339. What if there are four triggered reviews within a 90-day period?
DIVISION 10. OVERALL OPERATION EVALUATION
§ 749.2381. What is an overall agency evaluation?
§ 749.2383. What data must be collected?
SUBCHAPTER M. FOSTER HOMES: SCREENINGS AND VERIFICATIONS
DIVISION 1. GENERAL REQUIREMENTS
§ 749.2401. In what circumstances may I verify an individual spouse as a foster parent?
§ 749.2403. What minimum age requirement must foster parents and caregivers meet?
§ 749.2405. Will my home have to be re-verified if I am a single foster parent and I get married after my home is verified?
§ 749.2407. May a home be verified or approved by more than one child-placing agency simultaneously?
DIVISION 2. FOSTER HOME SCREENINGS
§ 749.2445. What is a foster home screening?
§ 749.2447. What information must I obtain for the foster home screening?
§ 749.2449. Whom must I interview when conducting a foster home screening?
§ 749.2451. What must I document regarding interviews I conduct for a foster home screening?
§ 749.2453. When must I update the foster home screening?
DIVISION 3. VERIFICATION OF FOSTER HOME
§ 749.2470. What must I do to verify a foster family home?
§ 749.2472. Are there any additional requirements to verify a foster home that is currently acting as a kinship home with the Child Protective Services (CPS) Division of the Department?
§ 749.2473. What must I do to verify a foster home that another child-placing agency has previously verified?
§ 749.2475. To whom must I release information regarding a family on which I previously conducted a foster home screening, pre-adoptive home screening, or post placement adoptive report?
§ 749.2477. May I verify a foster home prior to approval by child placement management staff?
§ 749.2479. May I place children in a foster home before verifying the home?
§ 749.2481. What type of certificate must a foster home have in order to prove verification?
§ 749.2483. Do foster parent applicants have to own the home they live in for it to be their primary residence?
§ 749.2485. What are the requirements for verifying a foster home at a residence that I own?
§ 749.2487. What are the requirements for an agreement that I have with a foster home that I verify?
§ 749.2488. What statement must I provide to foster parents regarding foster parent and child-placing agency rights and responsibilities?
§ 749.2489. What information must I submit to Licensing about a foster home's verification status?
§ 749.2491. May I verify a foster home to provide different services?
§ 749.2493. May a foster home provide day care in addition to foster care?
§ 749.2495. Do foster home verifications expire?
§ 749.2497. What requirements are there for a transfer or closing summary?
DIVISION 4. TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS
§ 749.2520. What is the purpose of a temporary verification?
§ 749.2521. What must I do prior to issuing a temporary verification?
§ 749.2523. For what length of time can I issue a temporary verification?
§ 749.2525. Can foster children remain in the foster home while a temporary verification is in effect?
§ 749.2526. What is the purpose of a time-limited verification?
§ 749.2527. What must I do to issue a time-limited verification?
§ 749.2529. For what length of time may I issue a time-limited verification?
§ 749.2531. Can I extend a time-limited verification or change the verification from time-limited to non-expiring?
§ 749.2533. What is the purpose of a provisional verification?
§ 749.2535. What must I do prior to issuing a provisional verification?
§ 749.2537. For what length of time can I issue a provisional verification?
§ 749.2539. Can foster children remain in the foster home while a provisional verification is in effect?
DIVISION 5. CAPACITY AND CHILD/CAREGIVER RATIO
§ 749.2550. What does "children with primary medical needs requiring total care" mean when used in this Division?
§ 749.2551. What is the maximum number of children a foster family home may care for?
§ 749.2555. How do I determine capacity?
§ 749.2557. May a foster home exceed its verified capacity?
DIVISION 6. SUPERVISION
§ 749.2591. How am I responsible for ensuring adequate supervision of children in care?
§ 749.2593. What responsibilities does a caregiver have when supervising a child?
§ 749.2595. May I use a video camera to supervise a child in the child's bedroom?
§ 749.2597. Where must the caregivers reside in order to supervise children who are in a transitional living program?
§ 749.2599. Can a child serve as a babysitter?
DIVISION 7. NORMALCY
§ 749.2601. What is "normalcy"?
§ 749.2603. Are children in care required to participate in childhood activities?
§ 749.2605. What is the "reasonable and prudent parent standard"?
§ 749.2607. Who makes the decision regarding a foster child's participation in childhood activities?
DIVISION 8. RESPITE CHILD-CARE SERVICES
§ 749.2621. What are respite child-care services?
§ 749.2623. What must occur before I place a child for respite child-care services?
§ 749.2625. What information regarding the child must I share with the babysitter, overnight care provider, and respite care provider?
§ 749.2627. What must occur before one of my foster homes accepts a child for respite child-care service?
§ 749.2629. In addition to the requirements of this division, what requirements of this chapter apply to respite child-care services that a foster home provides?
§ 749.2631. How long may a child be in respite child-care services?
§ 749.2633. How frequently may a foster home provide respite child-care services?
§ 749.2635. May I place a child for babysitting, overnight care, or respite care services in a home that Licensing does not regulate?
DIVISION 9. AGENCY--FOSTER FAMILY RELATIONSHIPS
§ 749.2651. May a foster home accept adults into the home for care?
§ 749.2653. What are the requirements for an unrelated adult to reside in a foster home?
§ 749.2655. When must a foster home notify you of changes that affect the foster home?
SUBCHAPTER N. FOSTER HOMES: MANAGEMENT AND EVALUATION
§ 749.2801. When must I evaluate a foster home for compliance with Licensing rules?
§ 749.2803. What changes affect a foster home's verification?
§ 749.2805. What is a "major life change in the foster family"?
§ 749.2807. How do I evaluate a foster home's compliance with the relevant Licensing rules affecting the need for the evaluation?
§ 749.2809. What must a plan for achieving compliance include?
§ 749.2811. How do I follow-up to ensure compliance?
§ 749.2813. How do I evaluate Licensing rules for each home every two years?
§ 749.2814. How do I evaluate a foster home prior to extending its time-limited verification or changing its verification from time-limited to non-expiring?
§ 749.2815. How often must I have supervisory visits with the foster home and what must be evaluated during a supervisory visit?
§ 749.2817. Must I monitor and have supervisory visits with a foster home where no children are placed?
§ 749.2819. When may I place a foster home on inactive status?
§ 749.2821. How do the foster parents meet their training requirements while their home is on inactive status?
§ 749.2823. Are background checks required on homes that are on inactive status?
§ 749.2825. How do I take a foster home off inactive status?
SUBCHAPTER O. FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT
DIVISION 1. HEALTH AND SAFETY
§ 749.2901. What health and safety regulations must each foster home meet in addition to Licensing rules?
§ 749.2902. What health and safety measures are required at a foster home?
§ 749.2903. What fire safety measures are required at a foster family home not serving children receiving treatment services for primary medical needs?
§ 749.2904. What fire safety measures are required at a foster family home serving children receiving treatment services for primary medical needs?
§ 749.2905. How often must fire and health inspections be conducted at a foster home?
§ 749.2907. What disaster and emergency plans must each foster home have?
§ 749.2908. How must a foster home practice disaster and emergency plans?
§ 749.2909. How many smoke detectors must a foster home have?
§ 749.2911. How must smoke detectors be installed and maintained at a foster home?
§ 749.2913. How many fire extinguishers must a foster home have?
§ 749.2915. Where must a foster home store dangerous tools and equipment?
§ 749.2917. What are the requirements for animals that are present at a foster home?
DIVISION 2. TOBACCO AND E-CIGARETTE USE
§ 749.2931. What policies must I enforce regarding tobacco products and e-cigarettes?
DIVISION 3. WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES
§ 749.2961. Are weapons, firearms, explosive materials, and projectiles permitted in a foster home?
§ 749.2963. What factors must I consider when determining whether weapons, firearms, explosive materials, or projectiles are stored adequately?
§ 749.2965. How must I determine whether weapons, firearms, explosive materials, or projectiles are present in a foster home?
§ 749.2967. May a caregiver transport a child in a vehicle where firearms, other weapons, explosive materials, or projectiles are present?
DIVISION 4. SPACE AND EQUIPMENT
§ 749.3021. How much space must bedrooms used by foster children have?
§ 749.3023. Which rooms in the home may not be used as bedrooms?
§ 749.3025. May an adult in care share a bedroom with a child in care?
§ 749.3027. May a child in care share a bedroom with an adult caregiver in the foster home?
§ 749.3029. May children of opposite genders share a bedroom?
§ 749.3031. What are the requirements for beds and bedding?
§ 749.3033. What type of personal storage space must a foster child have?
§ 749.3035. What bathroom accommodations must a home have?
§ 749.3037. What are the requirements for indoor space that children can use?
§ 749.3039. What are the requirements for outdoor recreation equipment?
§ 749.3041. What are the requirements for a foster home's physical environment?
§ 749.3043. When is a product considered unsafe and what are a caregiver's responsibilities regarding unsafe products in a foster home?
DIVISION 5. NUTRITION AND FOOD PREPARATION
§ 749.3061. What are the requirements for feeding children in care?
§ 749.3063. What types of food and water must caregivers provide children?
§ 749.3065. What must the caregiver do if a child refuses to or cannot eat a meal or snack that is offered?
§ 749.3067. May a caregiver use food as a reward or punishment or as part of any behavior management program?
§ 749.3069. May caregivers offer a child in care different food choices than what the family is eating?
§ 749.3071. What must I do if a child requires a therapeutic or special diet?
§ 749.3073. What are the nutrition requirements for a child with primary medical needs?
§ 749.3075. What are the feeding requirements for children receiving treatment services for primary medical needs or intellectual disabilities?
§ 749.3077. What are the requirements for tube-feeding formula?
§ 749.3079. What are the requirements for storing food?
§ 749.3081. How must kitchen, dining areas, supplies, and equipment be maintained?
DIVISION 6. TRANSPORTATION
§ 749.3101. What are the requirements for the vehicles used to transport foster children?
§ 749.3103. What are the requirements for transporting foster children?
§ 749.3105. May children transport other foster children?
§ 749.3107. May caregivers teach or supervise foster children in learning to drive?
§ 749.3109. What are the special requirements for transporting a child who requires increased supervision or is non-ambulatory or non-mobile?
§ 749.3111. Do the seat belt requirements prohibit transporting children in the bed of a pick-up truck or other parts of the vehicle on the foster parents' property or public roads?
DIVISION 7. SWIMMING POOLS, BODIES OF WATER, SAFETY
§ 749.3131. Who is responsible for complying with the requirements in this subchapter?
§ 749.3133. What are the requirements for a swimming pool at a foster home?
§ 749.3135. What general requirements must caregivers meet for children regarding a body of water?
§ 749.3137. What are the child/adult ratios for swimming activities?
§ 749.3139. May I include volunteers or relatives who do not meet minimum qualifications for caregivers in the swimming child/adult ratio?
§ 749.3141. When must a child wear a life jacket?
§ 749.3143. Must persons who are counted in the swimming child/adult ratio know how to swim and carry out a water rescue?
§ 749.3145. What are the safety requirements for wading pools?
§ 749.3147. What are the requirements for a hot tub?
§ 749.3149. What must I document regarding a body of water that is on or adjacent and accessible to the premises of a foster home?
§ 749.3151. Can foster parents approve a child to participate in swimming activities as an unsupervised childhood activity without complying with the rules of this division?
SUBCHAPTER P. FOSTER-ADOPTIVE HOMES AND LEGAL RISK PLACEMENTS
DIVISION 1. VERIFICATION OF FOSTER-ADOPTIVE HOMES
§ 749.3201. May I verify the same applicant as a foster family home and an adoptive placement at the same time?
§ 749.3203. What rules must I follow to verify a foster-adoptive home?
DIVISION 2. LEGAL RISK PLACEMENTS
§ 749.3221. What is a "legal risk placement"?
SUBCHAPTER Q. ADOPTION SERVICES: CHILDREN
DIVISION 1. CONSENT
§ 749.3301. What legal authority must I have to place a child in adoptive care?
DIVISION 2. ADOPTION SERVICE PLAN
§ 749.3321. When must I initiate and complete the adoption service plan?
§ 749.3323. What must an adoption service plan include?
§ 749.3325. When placing a sibling group, must I develop a plan for each child?
§ 749.3327. If a child had a foster care service plan prior to preparation for adoption, must I complete a new adoption service plan?
DIVISION 3. PREPARATION FOR ADOPTION
§ 749.3341. How often must I have contact with a child being considered for adoptive placement?
§ 749.3343. What does preparing a child for adoption include?
§ 749.3345. Who must prepare a child for adoption?
§ 749.3349. What professional assessments must I obtain on a child being placed for adoption?
§ 749.3351. What information from the professional assessments must I share with the adoptive family?
§ 749.3353. What other referrals must I make regarding a child who has or may have a disability?
DIVISION 4. PLACEMENT REQUIREMENTS
§ 749.3371. What are the requirements for a child to visit the adoptive family prior to placement?
§ 749.3373. What must my agreement with the adoptive parents include?
§ 749.3375. May I place a child in the home of a prospective adoptive parent before I complete the adoptive home screening?
DIVISION 5. REQUIRED INFORMATION
§ 749.3391. What information must I compile for a child I am considering for adoptive placement?
§ 749.3393. What written authorization must I give adoptive parents at the time of placement?
§ 749.3395. What information must I provide the adoptive parents prior to or at the time of adoptive placement?
DIVISION 6. POST-PLACEMENT SUPERVISION
§ 749.3421. What are my responsibilities for the child during the post-placement period?
§ 749.3423. What responsibility do I have to offer counseling services to the adoptive family?
§ 749.3425. What are the requirements for post-placement contacts with the adoptive family and child?
§ 749.3427. What must I do if the adoption is not completed within the time frame stipulated in the written agreement?
§ 749.3431. What must I do if I determine that the placement cannot be completed and/or is not in the best interest of the child and/or the adoptive family?
DIVISION 7. POST-ADOPTION SERVICES
§ 749.3461. Must I offer counseling services after the adoption is consummated?
§ 749.3463. If supplemental information concerning birth parents subsequently comes to my attention, what are my responsibilities?
§ 749.3465. What must I do when an adoptee requests his adoption record?
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?
§ 749.3503. What are the requirements for contacting birth parents that become my clients?
DIVISION 2. TERMINATION OF PARENTAL RIGHTS
§ 749.3521. What requirements must I follow regarding termination of parental rights?
§ 749.3523. What specific information must I obtain from birth parents that voluntarily relinquish their parental rights?
DIVISION 3. POST ADOPTION SERVICES
§ 749.3571. Must I offer counseling services to birth parents after the adoption of their child is consummated?
§ 749.3573. What are the requirements to provide information about the child to birth parents after the adoption is consummated?
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?
DIVISION 2. ADOPTIVE HOME SCREENING
§ 749.3621. What is an adoptive home screening?
§ 749.3623. What information must I obtain for the adoptive home screening?
§ 749.3624. May I consider a prospective adoptive parent's membership in a military organization as a factor in approving an adoptive home screening?
§ 749.3625. Whom must I interview when conducting an adoptive home screening?
§ 749.3627. What must I document regarding interviews for an adoptive home screening?
§ 749.3629. What are the requirements for visiting the home during an adoptive home screening?
§ 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?
§ 749.3633. When must I update an adoptive home screening?
§ 749.3635. What is a "major life change in the adoptive family"?
§ 749.3637. Must I complete an adoptive home screening update if the prospective adoptive parents plan to adopt another child?
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?
§ 749.3663. What are the basic safety requirements for the home and grounds?
DIVISION 4. PRE-PLACEMENT REQUIREMENTS
§ 749.3691. What contacts must I maintain with adoptive applicants prior to the placement of a child?
DIVISION 5. PRE-ADOPTION CONSUMMATION ACTIVITIES
§ 749.3721. What are my agency's responsibilities during the pre-adoption supervisory period?
§ 749.3725. If the adoption has not been completed within the stipulated time frame in the written agreement, what actions must my agency take?
§ 749.3727. What actions must my agency take if there are changes to the adoptive family during the post-placement period?
§ 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?
DIVISION 6. POST-PLACEMENT ADOPTIVE REPORT
§ 749.3741. What is a post-placement adoptive report?
§ 749.3743. Whom must I interview when developing a post-placement adoptive report?
§ 749.3745. What must I document regarding interviews for a post-placement adoptive report?
§ 749.3747. Is a visit to the home required when developing a post-placement adoptive report?
§ 749.3749. When must I develop a post-placement adoptive report?
§ 749.3751. What issues should an interview for a post-placement adoptive report address?
§ 749.3753. What information must the post-placement adoptive report include?
DIVISION 7. COUNSELING SERVICES
§ 749.3771. Is my agency required to offer counseling services to the adoptive family?
DIVISION 8. SUBSEQUENT ADOPTIONS
§ 749.3781. What are the requirements if adoptive parents apply to adopt another child?
SUBCHAPTER T. ADDITIONAL REQUIREMENTS FOR CHILD-PLACING AGENCIES THAT PROVIDE AN ASSESSMENT SERVICES PROGRAM
DIVISION 1. REGULATION
§ 749.3801. Does Licensing regulate all assessment services?
DIVISION 2. ADMISSION
§ 749.3831. What are the requirements for approving a child's admission into my assessment services program?
DIVISION 3. PLAN FOR THE ASSESSMENT
§ 749.3861. When must I complete the child's individual plan for the assessment?
§ 749.3863. When does admission into the assessment services program begin?
§ 749.3865. What must an individual plan for the assessment include?
§ 749.3869. How must my assessment services program collect information from a child's caregivers?
§ 749.3871. When is the plan for the assessment complete?
DIVISION 4. ASSESSMENT REPORT
§ 749.3891. What is an assessment report?
§ 749.3893. When must I complete the assessment report?
§ 749.3895. What must be included in the written assessment report?
§ 749.3897. Who must review and approve an assessment report?
SUBCHAPTER V. ADDITIONAL REQUIREMENTS FOR CHILD-PLACING AGENCIES THAT PROVIDE TRAFFICKING VICTIM SERVICES
DIVISION 1. DEFINITION AND SCOPE
§ 749.4001. What does "trafficking victim services" mean when used in this subchapter?
§ 749.4003. When am I required to meet the additional rules of this subchapter?
§ 749.4005. In addition to the rules in this subchapter, what other rules in this chapter apply to a child-placing agency?
§ 749.4007. What rules in this subchapter replace other rules in this chapter?
DIVISION 2. POLICIES AND PROCEDURES
§ 749.4051. What additional child-care policies must I develop?
§ 749.4053. What safety and security policies must I develop?
§ 749.4055. What confidentiality policies must I develop?
DIVISION 3. PERSONNEL
§ 749.4101. What qualifications must a treatment director have?
§ 749.4103. Are there additional training requirements for volunteers who have contact with children receiving trafficking victim services?
DIVISION 4. TRAINING
§ 749.4151. What are the pre-service hourly training requirements for caregivers and employees?
§ 749.4153. Must I provide pre-service training to a caregiver or an employee who was previously a caregiver or employee for another operation?
§ 749.4155. What are the annual training requirements for caregivers and employees?
§ 749.4157. What areas or topics must the four hours of training regarding trafficking victims include?
DIVISION 5. ADMISSION AND SERVICE PLANNING
§ 749.4251. Are there additional medical requirements when I admit a child for trafficking victim services?
§ 749.4253. Must a child I admit for trafficking victim services have an alcohol and substance abuse screening?
§ 749.4255. What must I do if an alcohol and substance abuse screening determines that a child receiving trafficking victim services may need alcohol or substance abuse treatment?
§ 749.4257. What behavioral health assessments are required when I admit a child for trafficking victim services?
§ 749.4259. What mental health services are required for a child receiving trafficking victim services?
§ 749.4261. Are there additional requirements for a preliminary service plan when I admit a child for trafficking victim services?
§ 749.4263. What additional items must be included in a child's initial service plan?
§ 749.4265. May I admit a young adult into care?
§ 749.4267. May an adult in care share a bedroom with a child in care receiving trafficking victim services?