Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,888
7777-8060 p. ; 28 cm.View a full description of this periodical.
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(G) Obtain review and approval of the screening, home
study, and the recommended verification of the home by child place-
ment management staff.
(b) If the foster home is transferring from another child-plac-
ing agency, you must submit a written request to the agency that the
foster home is transferring from requesting the background informa-
tion required in 749.2447(23) of this title (relating to What informa-
tion must I obtain for the foster home screening?).
749.2475. To whom must I release information regarding a family
on which I previously conducted a foster home screening, pre-adoptive
home screening, post placement adoptive report, or home study?
(a) (No change.)
(b) Background information must also be released to indepen-
dent contractors who are hired or required by the court to conduct a
social study under Chapter 107 of the Texas Family Code [foster home
screening, pre-adoptive home . ,, g post placement adoptive re-
port O r home study].
(c) You [An agency] must release the background information
to the requesting agency within 10 days after receiving the written re-
quest, including generally informing the requesting agency of any un-
resolved investigations and/or deficiencies. After the resolution of the
investigations and/or deficiencies, you [the agency] must release the
remaining background information to the requesting agency within 10
days after the resolution of the investigations and/or deficiencies. If
a foster home verified by you is transferring to another child-placing
agency, you must send the background information noted in subsection
(d) of this section as soon as you become aware of the foster home's
intent to transfer.
(d) Background information is any information that must be
obtained by 749.2447(23) of this title (relating to What information
must I obtain for the foster home screening?). In addition to the items
noted in 749.2447(23), the background information for a transferring
foster home must also include, if applicable:
(1) An annual development plan;
(2) Any corrective action plan(s); and
(3) A description of any imposed or potential service limi-
tation.
749.2489. What information must I submit to Licensing about afos-
ter home's verification status?
You must submit information to us within two working days of:
(1) - (3) (No change.)
(4) Changing conditions of the verification for an existing
home; [er]
(5) Closing a foster home, including: [.]
(A) The reason the foster home closed; and
(B) The name and contact information of a person at
your agency who may be contacted by another child-placing agency to
obtain records relating to the closed foster home; or
(6) The denial of a verification of a foster home, and the
reason for the denial.
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-200704954
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
4 4 4
SUBCHAPTER O. FOSTER HOMES:
HEALTH AND SAFETY REQUIREMENTS,
ENVIRONMENT, SPACE AND EQUIPMENT
DIVISION 3. WEAPONS, FIREARMS,
EXPLOSIVE MATERIALS, AND PROJECTILES
40 TAC 749.2961, 749.2967
The amendments are proposed under Human Resources Code
(HRC) 40.0505 and Government Code 531.0055, which
provide that the Health and Human Services Executive Com-
missioner 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 Ser-
vices 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 amendments implement HRC 42.042(a) and (e-1).
749.2961. Are weapons, firearms, explosive materials, and projec-
tiles permitted in a foster home?
(a) Generally, weapons, firearms, explosive materials, and
projectiles (such as darts or arrows), are permitted, however, there are
some specific restrictions:
f(4-) Weo. .. e.rms explosive ials ol and e
tiles are not permitted at a fester home providing treatment services
unless ene of the foster parents is employed as a law enforcement of-
ficial;]
(1) [(2)] If you allow weapons, firearms, explosive materi-
als, projectiles, or toys that explode or shoot, you must develop a policy
identifying specific precautions to ensure children do not have unsu-
pervised access to them, including locked storage and separate locked
storage for the weapons and ammunition;
(2) Locked storage must be made of strong, unbreakable
material;
(3) If the locked storage has a glass or another breakable
front or enclosure, the guns must be secured with a locked cable or
chain placed through the trigger guards;
(4) [({3)] You must determine that it is appropriate for a
specific child [receiving only child-care services] to use the weapons,
firearms, explosive materials, projectiles, or toys that explode or shoot;
and
(5) [(4)] No child may use a weapon, firearm, explosive
material, projectile, or toy that explodes or shoots, unless the child is
directly supervised by a qualified adult.
(b) Your policies must require foster parents to notify you if
there is a change in the type of or an addition to weapons, firearms,
explosive materials, or projectiles that are on the property where the
foster home is located.32 TexReg 7888 November 2, 2007 Texas Register
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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/m1/110/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.