SECTION 749.103. What policies and procedures must I submit for Licensing's approval as part of the application process?  


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  • (a) You must develop the policies and procedures identified in subsection (b) of this section. Your policies and procedures must comply with or exceed the minimum standards specified in this chapter, Chapter 42 of the Human Resources Code, Chapter 745 of this title (relating to Licensing), and any other applicable law.

    (b) As part of the application process, you must submit the following policies and procedures to us for our approval:

    (1) Policies and procedures related to record keeping, including where the records will be located. The policies must be consistent with Subchapter D of this chapter (relating to Reports and Records Keeping);

    (2) Personnel policies and procedures consistent with §749.105 of this title (relating to What are the requirements for my personnel policies and procedures?);

    (3) Conflict of interest policies consistent with §749.107 of this title (relating to What must my conflict of interest policies include?);

    (4) Admission policies consistent with §749.109 of this title (relating to What must my admission policies include?);

    (5) Placement policies consistent with §749.111 of this title (relating to What must my placement policies include?);

    (6) Child-care policies consistent with §749.113 of this title (relating to What child-care policies must I develop?);

    (7) Emergency behavior intervention policies consistent with §749.115 of this title (relating to What emergency behavior intervention policies must I develop if my foster homes are permitted to use emergency behavior intervention?);

    (8) Discipline policies consistent with §749.117 of this title (relating to What are the requirements for my discipline policies for children in care?);

    (9) Foster care policies consistent with §749.119 of this title (relating to What foster care policies must I develop?);

    (10) Rights and responsibilities of the child-placing agency and the foster parents consistent with §749.121 of this title (relating to What policies must I develop concerning the rights and responsibilities of the child-placing agency and foster parents?);

    (11) Additional policies for foster parents that provide treatment services consistent with §749.123 of this title (relating to What policies must I develop regarding foster parents who provide treatment services to a child with primary medical needs?);

    (12) Additional policies for foster parents who offer a transitional living program consistent with §749.125 of this title (relating to What policies must I develop for foster parents who offer a transitional living program?);

    (13) Policies for babysitters, overnight care providers, and respite care providers consistent with §749.127 of this title (relating to What policies must I develop for babysitters, overnight care providers, and respite care providers?);

    (14) Policies for a legal risk placement program consistent with §749.129 of this title (relating to What policies must I develop for a legal risk placement program for foster-adoptive families?);

    (15) Adoption policies, if applicable, consistent with §749.131 of this title (relating to What policies must I develop if I offer adoption services?);

    (16) Volunteer policies consistent with §749.133 of this title (relating to What policies must I develop if I use volunteers?);

    (17) Abuse and neglect policies consistent with §749.135 of this title (relating to What abuse and neglect policies must I develop?);

    (18) An appeal process for adult clients consistent with Division 8 of this subchapter (relating to Clients and Appeals);

    (19) A weapons, firearms, explosive materials, and projectiles policy, for foster care services, consistent with Division 3 of Subchapter O (relating to Weapons, Firearms, Explosive Materials, and Projectiles);

    (20) A tobacco and e-cigarette policy consistent with §749.2931 of this title (relating to What policies must I enforce regarding tobacco products and e-cigarettes?); and

    (21) A suicide prevention, intervention, and postvention policy consistent with §749.136 of this division (relating to What suicide prevention, intervention, and postvention policy must I have?).

Source Note: The provisions of this §749.103 adopted to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective September 19, 2022, 47 TexReg 5490