SECTION 749.1291. What are the requirements for contact between child placement staff and children in foster care?

(a) Except for children receiving treatment services for primary medical needs, child placement staff must have monthly face-to-face contact with a child in care. However, staff can miss two visits per year, provided a child does not go longer than 60 days without a visit.

(b) For children receiving treatment services for primary medical needs, child placement staff or a nurse must have face-to-face contact with a child in care twice every month with no more than 20 days between visits. However, staff can miss two visits per year, provided a child does not go longer than 30 days without a visit.

(c) At least half of the contacts must occur in the foster home.

(d) These contacts are to ensure the:

(1) Child is safe;

(2) Needs of a child are being met; and

(3) Placement continues to be appropriate.

(e) If the child is able to communicate in a meaningful way, the contact with the child must:

(1) Be for a length of time sufficient to address the child's needs and determine the appropriateness of the placement;

(2) Provide an opportunity to meet in private; and

(3) Provide an opportunity for the child to express his feelings about how the placement is working out.

(f) If the child is non-verbal or pre-verbal, the contact with the child must be for a length of time sufficient for an appropriate observation of the child and the child's placement, including an assessment of any changes in behavior or developmental progress or delays as well as a verification that the placement is meeting the child's needs as specified in the service plan.

(g) The required contacts must be significant and must be documented in the child's record. The documentation in the child's record must be sufficient to address the requirements of subsections (e) and (f) of this section.

(h) Child placement management staff must review and approve documentation of contacts.

Source Note: The provisions of this §749.1291 adopted to be effective September 1, 2010, 35 TexReg 7522; amended to be effective December 1, 2014, 39 TexReg 9058; amended 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