Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,879
7777-8060 p. ; 28 cm.View a full description of this periodical.
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This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 18,
2007.
TRD-200704963
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: December 2, 2007
For further information, please call: (512) 438-3437
DIVISION 3. PRE-ADOPTIVE SOCIAL
STUDIES
40 TAC 745.9069 - 745.9071, 745.9073, 745.9075,
745.9077, 745.9079, 745.9081, 745.9083, 745.9085, 745.9087,
745.9089, 745.9090
The amendments and new sections are proposed under Hu-
man Resources Code (HRC), 40.0505 and Government Code,
531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and
provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and
HRC, 40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the
Executive Commissioner and the Commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by the department.
The proposed amendments and new sections implement the
Family Code, Chapter 107.
745.9069. What information must be included in the pre-adoptive
social study [home screening ?
You must obtain, document, and assess the following information about
a prospective adoptive home:
Figure: 40 TAC 745.9069
745.9070. May I consider a prospective adoptive parent's member-
ship in a military organization as a factor in recommending an adoptive
placement?
Section 162.0025 of the Texas Family Code prohibits any person con-
ducting a pre-adoptive social study from considering membership in
the armed forces of the United States, Texas National Guard, National
Guard in another state, or in a reserve component of the armed forces
of the United States as a negative factor in determining whether the
adoptive parent would be a suitable parent or whether an adoption is in
the best interests of the child.
745.9071. How do I obtain a criminal history or central registry
background check for an independent pre-adoptive social study [home
screening or indeaondepiepostrpeapeoenr aep;,, ot]?
(a) (No change.)
(b) You obtain a central registry background check from us by
contacting [ contact] our local branch office.
745.9073. Whom must I interview when conducting a pre-adoptive
social study [home screening or a post-pt aeent adoptive report]?
Interviews for a pre-adoptive social study [an adoptivehemesereening]
must include at least one:(1) (No change.)
(2) Individual interview with each child four [three] years
or older living in the home either full or part time;
(3) - (6) (No change.)
745.9075. What must I document regarding interviews that I con-
duct for a pre-adoptive social study [home screening or a post place
ment adoptive report]?
You must document all interviews and attempts to complete interviews.
The documentation must be part of the adoptive home record and in-
clude:
(1) (No change.)
(2) The dates of each interview [the interviews];
(3) Who was present at each interview [the interviews] and
their relationship to the adoptive applicants; and
(4) A summary of each interview [the interviews].
745.9077. What are the requirements for visiting the home during a
pre-adoptive social study [home screening or a post-placement ad
tive reportt?
(a) - (c) (No change.)
745.9079. What are the additional requirements for a pre-adop-
tive social study [home screening] if adoptive applicants previously
adopted a child from a child-placing agency or were previously foster
parents for a child-placing agency?
(a) (No change.)
(b) If provided, you must evaluate the information as part of
your social study [screening] and placement decisions regarding the
home. You must use the information to evaluate the family's ability to
work with specific kinds of behaviors and backgrounds.
745.9081. Must the pre-adoptive social study [home screening] in-
clude information about birth parents?
You must obtain the following information about the birth parents:
(1) - (2) (No change.)
745.9083. How do I obtain information about the birth parents?
If you are conducting an independent pre-adoptive social study [home
screening], you must make a diligent effort to obtain the information
from the birth parents unless their parental rights have been terminated.
Document in the pre-adoptive social study [home screening] all your
efforts to obtain the information. If appropriate, include reasons why
you could not obtain the information.
745.9085. What happens if a child is not placed with the adoptive
applicants within six months after the pre-adoptive social study [home
screening] has been completed?
For a child not placed with the adoptive applicants within six months af-
ter the completion of the adoptive social study [screening], it is recom-
mended that an updated social study [screening] be completed within
the 30-day period before a child is placed in the home. The court that
is hearing the adoption suit should make the final decision on whether
an update is required.
745.9087. Must I complete a pre-adoptive social study [home
screening] update if the prospective adoptive parents plan to adopt
another child?
Yes. If prospective adoptive parents plan to adopt another child, either
in addition to or instead of the child for whom the social study [screen-
ing] was done, you must complete a written pre-adoptive social study
[home screening] update.PROPOSED RULES November 2, 2007 32 TexReg 7879
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/101/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.