SECTION 749.3025. May an adult in care share a bedroom with a child in care?

(a) An adult in care may share a bedroom with a child in care if:

(1) The adult and child are siblings;

(2) The adult is the child's parent;

(3) Both of them are non-ambulatory and receive treatment services for primary medical needs; or

(4) The child is at least 16 years old, the age difference between them does not exceed 24 months, and the adult meets the requirements of:

(A) §749.1103 of this chapter (relating to After a child in my care turns 18 years old, may the person remain in my care?); or

(B) §749.1105 of this chapter (relating to May I admit a young adult into care?).

(b) The following must occur before you may allow an adult in care and a child in care to share a bedroom, unless the adult is the child's parent:

(1) The service planning team must determine that there is no known risk of harm to the child after assessing:

(A) Their behaviors;

(B) Their compatibility with each other;

(C) Their respective relationships;

(D) Any history of possible sexual trauma or sexually inappropriate behavior; and

(E) Any other identifiable factor that may affect the appropriateness of the adult and child sharing a bedroom; and

(2) The service planning team must date and document the assessment and approval in the child's service plan.

(c) The adult and the child must not sleep in the same bed unless the adult is the child's parent, and the child is between the ages of one year and 10 years old.

(d) Subsections (a) and (b) of this section do not apply to travel and camping situations.

Source Note: The provisions of this §749.3025 adopted to be effective April 25, 2022, 47 TexReg 2272