SECTION 749.3503. What are the requirements for contacting birth parents that become my clients?

(a) Child placement staff must have at least:

(1) Two face-to-face contacts with birth parents prior to the relinquishment of parental rights over a period of two or more days. At least one interview must be held after the birth of the child. If face-to-face contact with the birth father is not feasible, you must document justification for contacts that are not face-to-face; and

(2) Except in cases of relinquishment or involuntary termination of parental rights, quarterly contact with birth parents prior to placement of the child.

(b) If the contacts required in subsection (a) of this section cannot be made, you must document that you have exercised reasonable efforts to locate the absent parent, and you must document why the contacts could not be made. Reasonable efforts to locate an absent parent are not required for an alleged biological father whose rights will be terminated under Texas Family Code §161.002(c-1).

(c) Contacts must assist birth parents to:

(1) Understand their feelings regarding relinquishing the child for adoption;

(2) Understand the long-range implications of relinquishing the child for adoption;

(3) Freely make a choice regarding relinquishing the child to the agency for adoption. The birth parents must not be pressured to make a decision to place their child for adoption;

(4) Express their expectations for adoptive placement, if placement is chosen, and the degree and type of involvement, if any, they desire with adoptive family; and

(5) Provide the required Health, Social, Educational, and Genetic History Report (HSEGH) information, if applicable.

(d) The following topics must be discussed with the birth parents:

(1) Preparation for childbirth, when applicable;

(2) Relinquishment or waiver of parental rights;

(3) Termination of parental rights; and

(4) Counseling in regard to separation, loss, and grief issues.

(e) Staff providing the service must document all contacts with birth parents.

(f) You may contract with another licensed child-placing agency to make these contacts as long as:

(1) The person making the contacts meets the minimum qualifications for a child-placement staff in §749.673 of this title (relating to What are the qualifications that an employee must have to perform child placement activities?);

(2) The agency submits the required documentation to you;

(3) Your child-placement management staff reviews and approves the documentation; and

(4) You maintain the documentation in the child's record.

Source Note: The provisions of this §749.3503 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2008, 33 TexReg 6607; amended to be effective September 1, 2010, 35 TexReg 7522; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2272