Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part XIV. Texas National Research Laboratory Commission Chapter 303. Procurement The Texas National Research Laboratory Commission adopts the repeal of sec.303.1 and replaces it with new sec.sec.303.1-303.9, concerning procurement of mission-related supplies, materials, services, and equipment for commission use, without changes to the proposed text as published in the July 16, 1993, issue of the Texas Register (18 TexReg 4549). The repeal of sec.303.1 eliminates the duplication of rules set forth in new sec.sec.303.1-303.9 regarding commission policies and procedures in the area of procurement. No comments were received regarding adoption of the repeal. 1 TAC sec.303.1 repeal is adopted under the Government Code, sec.465.082, which requires the commission to adopt rules to guide its purchases of supplies, materials, services, and equipment, in order to carry out eligible undertakings. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in DeSoto, Texas, on August 26, 1993. TRD-9327939 Edward C. Bingler Executive Director Texas National Research Laboratory Commission Effective date: September 20, 1993 Proposal publication date: July 16, 1993 For further information, please call: (214) 709-3800 1 TAC sec.sec.303.1-303.9 The Texas National Research Laboratory Commission adopts new sec.sec.303. 1- 303.9, concerning procurement of mission-related supplies, materials, services, and equipment for commission use, without changes to the proposed text as published in the July 16, 1993, issue of the Texas Register (18 TexReg 4550). New sec.sec.303.1-303.9 will provide vendors and the public with a formalized statement of commission policies and procedures in the area of procurement and set forth procedures for protests and dispute resolution, as well as ethical standards for commission personnel with respect to procurement activities. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.465.082, which requires the commission to adopt rules to guide its purchases of supplies, materials, services, and equipment, in order to carry out eligible undertakings. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in DeSoto, Texas, on August 26, 1993. TRD-9327938 Edward C. Bingler Executive Director Texas National Research Laboratory Commission Effective date: September 20, 1993 Proposal publication date: July 16, 1993 For further information, please call: (214) 709-3800 TITLE 16. ECONOMIC REGULATION Part III. Texas Alcoholic Beverage Commission Chapter 33. Licensing License and Permit Surcharges 16 TAC sec.33.23 The Texas Alcoholic Beverage Commission adopts new sec.33.23, concerning the setting of an annual surcharge for all holders of permits or licenses issued by the Commission as required by the Texas Alcoholic Beverage Code, sec.5.50(b), effective September 1, 1993, without changes to the proposed text as published in the July 23, 1993, issue of the Texas Register (18 TexReg 4816). The new rule will require all holders or permits of licenses granted by the Commission to pay an annual surcharge in addition to the regular licensing fee to cover the difference between the current revenue raised by fees and the appropriation to the Commission by the Legislature to administer the Texas Alcoholic Beverage Code. In addition, holders of mixed beverage permits and private club permits will be required to pay a separate fee to cover the cost of auditing by the Comptroller of Public Accounts. One comment was received from the Texas Restaurant Association, which opposed the rule on the basis that the surcharges proposed had a disparate impact on the various licensees or permittees. The agency disagrees and no changes were made as a result of the comment. The new rule is adopted under the Texas Alcoholic Beverage Code, Subchapter B, sec.5.31, which provides the Texas Alcoholic Beverage Commission with the authority to prescribe and publish rules necessary to carry out the provisions of the Texas Alcoholic Beverage Code, and sec.5.50(b) which specifically mandates the surcharges. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 24, 1993. TRD-9327858 Gayle Gordon General Counsel Texas Alcoholic Beverage Commission Effective date: September 15, 1993 Proposal publication date: July 23, 1993 For further information, please call: (512) 206-3204 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health (Editor's Note: Texas Civil Statutes, Article 4413(502) historical note (Vernon Supplement 1993) states that all functions, powers, duties, funds, and obligations of the Texas Department of Health relating to long-term care licensing, certification, and surveys be transferred to the Texas Department of Human Services effective September 1, 1993. The Texas Register is administratively transferring the following rules listed in the table published in this issue under Title 40. Part I. Texas Department of Human Resources from Title 25., Part I. Texas Department of Health. The table lists the old section number and the new section number that correspond to them.) TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 110. Required Notices of Coverage 28 TAC sec.110.1 The Texas Workers' Compensation Commission adopts new sec.110.1, with changes to the proposed text as published in the June 22, 1993, issue of the the Texas Register (18 TexReg 4129). One change involved adding a new subsection (g) to make it clear that the policy entered into by a carrier and an employer will not be extended by this rule. Another change involved changing the "or" in published subsection (h) to "and/or" to make it clear that both could be subject to penalties if both the carrier and the employer violate the provisions of this rule. This rule is required by Texas Civil Statutes, Articles 8308-3.22, 3.25, 3. 26, and 3.28 to provide guidance for employers and carriers in the appropriate procedures to follow in filing notices of coverage with the commission and in notifying the commission of the termination of coverage. This rule is also required to clarify the effective date of any termination or cancellation of coverage and the circumstances under which additional premiums may have to be paid. Providing for an efficient and effective process to keep the commission informed of the coverage status of employers in the state of Texas serves the participants in the system by allowing the commission to respond to questions of whether an employee's employer has workers' compensation coverage or not. No comments were received from the public in support of or in opposition to the new rule. The new rule is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorize the commission to adopt rules necessary to administer the Act. sec.110.1. Requirements for Notifying the Commission of Insurance Coverage. (a) This rule applies to employers whose employees are not exempt from coverage under the Workers' Compensation Act (the Act), and to insurance carriers. It does not apply to self-insured political subdivisions, employers whose only employees are exempt from coverage under the Act, and certified self- insurers. (b) Employers are required to provide form TWCC-5 to the commission by certified mail or personal delivery as follows: (1) if the employer elects not to be covered by workers' compensation insurance, the earlier of the following: (A) 30 days after receiving a commission request for the filing of a TWCC-5 and annually thereafter on the anniversary date of the original filing; (B) 30 days after hiring an employee who is subject to coverage under the Act, and annually thereafter on the anniversary date of the original filing; (2) if the employer cancels coverage without purchasing a new policy or becoming a certified self-insurer, within 10 days after notifying the insurance carrier and annually thereafter on the anniversary of the cancellation date of the workers' compensation policy; or (3) if the employer is principally located outside of Texas, within 10 days after receiving a written request from the commission for information about the coverage status of its Texas operations. (c) When an employer elects to cancel coverage, the effective date of that cancellation shall be the later of: (1) 30 days after filing the TWCC-5 with the commission; or, (2) the cancellation date of the policy. (d) The insurance coverage shall be extended until the effective date of withdrawal as established in subsection (c) of this section, and the employer is obligated to pay premiums which accrue during this period. (e) Insurance carriers are required to provide form TWCC-20 to the commission by certified mail or personal delivery: (1) within 10 days after the effective date of the policy or endorsement and annually thereafter no later than 10 days after the anniversary date of the policy and, if the employer has multiple business locations, the form TWCC-20-1; (2) 30 days prior to the date on which the cancellation or non-renewal becomes effective if the insurance carrier cancels, or does not renew, an employer's workers' compensation policy on the anniversary date; or (3) 10 days prior to the date on which the cancellation becomes effective if the insurance carrier cancels an employer's workers' compensation policy in accordance with Article 8308-3.28(c). (f) Insurance coverage remains in effect until the end of the policy period, the beginning date of a new policy, or until the commission and the employer receive the TWCC-20 and the later of: (1) the date 30 days after receipt of the notice required by Article 8308- 3.28(b); (2) the date 10 days after receipt of the notice required by Article 8308- 3.28(c); or (3) the effective date of the cancellation if later than the dates in paragraphs (1) or (2) of this subsection. (g) In no event shall this rule serve to extend coverage beyond the end of the policy period. (h) An insurance carrier may elect to have a servicing agent process and file all coverage information, but the insurance carrier remains responsible for meeting all filing requirements of this rule. (i) Failure to provide notice as required by this rule is an administrative violation and may subject the employer and/or the insurance carrier to administrative penalties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 25, 1993. TRD-9327863 Susan Cory General Counsel Workers' Compensation Commission Effective date: September 15, 1993 Proposal publication date: June 22, 1993 For further information, please call: (512) 440-3592 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission (Editor's Note: Senate Bill 2, First Called Session, 72nd Legislature, created the Texas Natural Resource Conservation Commission (TNRCC) as the successor to the Texas Water Commission (TWC) and Texas Air Control Board (TACB) with the responsibility of carrying out the respective duties, responsibilities and functions of those agencies. The rights, powers, and duties delegated by law to the TWC and TACB were expressly assigned to the TNRCC. Senate Bill 2 also transferred all personnel, equipment, data, documents, facilities, and other items of the TWC and TACB to the TNRCC. A member of the Texas Water Commission is a member of the TNRCC. Any reference in any law or rule to the TACB or to the TWC mean TNRCC. The change in the name of the TWC or the abolition of the TACB does not affect or impair any act done or obligation, right, license, permit, rule, criteria, standard, or requirement, or penalty accrued or existing under former law, and that law remains in effect for any action concerning such an obligation, right, license, permit, rule, criterion, standard, requirement, or penalty. An action brought or proceeding commenced before September 1, 1993, including a contested case or a remand of an action or proceeding by a reviewing court, is governed by the law and rules applicable to the action or proceeding before September 1, 1993. Administrative hearings on applications for permits and prehearing proceedings which had commenced prior to September 1, 1993, shall not be delayed or continued as a result of Senate Bill 2 or any resulting organizational changes. Refer to Senate Bill 2, First Called Session, 72nd Legislature for the exact language in this article. To comply with the requirements of Senate Bill 2, the Texas Register is creating a new title in the Texas Administrative Code, Title 30. Environmental Quality and is administratively transferring all rules from TWC and TACB to Title 30, Part I. Texas Natural Resource Conservation Commission laterally, effective September 1, 1993. Title 34. Public Finance Part I. Comptroller of Public Accounts Chapter 7. Administration of State Lottery Act Subchapter D. Lottery Game Rules 34 TAC sec.7.304, sec.7.305 The Comptroller of Public Accounts adopts amendments to sec.7.304 and sec.7. 305 concerning on-line game rules, without changes to the proposed text as published in the May 28, 1993, issue of the Texas Register (18 TexReg 3396). The amendments are necessary in order to comply with the State Lottery Act. The purpose of the new language is to provide specific game details and requirements for the addition of "Quick Pick" to the Texas Lottery's on-line game "Lotto Texas" such as method of number selection by a random number generator operated by the computer. No comments were received regarding adoption of the amendments. The amendments are adopted under the State Lottery Act, sec.2.02, which provides the comptroller with the authority to adopt all rules necessary to administer the State Lottery Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 30, 1993. TRD-9327937 Arthur F. Lorton Senior Legal Counsel Comptroller of Public Accounts Effective date: September 20, 1993 Proposal publication date: May 24, 1993 For further information, please call: (512) 463-4028 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services (Editor's Note: Texas Civil Statutes, Article 4413(502) historical note (Vernon Supplement 1993) states that all functions, powers, duties, funds, and obligations of the Texas Department of Health relating to long-term care licensing, certification, and surveys be transferred to the Texas Department of Human Services effective September 1, 1993. The Texas Register is administratively transferring the following rules listed in the table below from Title 25, Part I. Texas Department of Health to the Texas Department of Human Services. The table lists the old section number and the new section number that correspond to them. Because of additional transfers from the Texas Department of Human Services to the Texas Department of Health, the Texas Register is publishing both of these transfers in this issue.) Part XIX. Texas Department of Protective and Regulatory Services Chapter 720. 24-Hour Care Licensing Subchapter A. Standards for Child-Placing Agencies (24-Hour Care and Adoption) The Texas Department of Protective and Regulatory Services (TDPRS) adopts the repeal of sec.sec.720.25-720.60, and new sec.sec.720.24-720.37 and 720. 39- 720.67. New sec.sec.720.24, 720.27, 720.28, 720.30, 720.32, 720.36, 720.37, 720.39-720.47, 720.49-720.51, 720.53-720.56, 720.58, 720.59, 720.61, 720.62, and 720.65 are adopted with changes to the proposed text as published in the February 26, 1993, issue of the Texas Register (18 Tex Reg 1250). New sec.720.38 is being withdrawn from consideration and will not be adopted. New sec.sec.720.25, 720.26, 720.29, 720.31, 720.33-720.35, 720.48, 720.52, 720.57, 720.60, 720.63, 720.64, 720.66, and 720.67 are adopted without changes to the proposed text, and will not be republished. The justification for the repeals is to delete obsolete language. The justification for the new sections is to provide basic protection to children placed in substitute or adoptive care, their biological families, and adoptive families. The new sections will function by providing better planned and stable foster care, substitute care, and adoptions which will directly benefit the children and families involved. During the public comment and review period, 221 written comments were received. Licensed child-placing agencies submitted 26 comments, child- protective services staff submitted 154, foster parents submitted 5, adoptive parents submitted 15, birth-parents submitted 3, graduate schools of social work submitted 3, and other individuals submitted 9. The Texas Council for Adoption; Adoption Knowledge Affiliates; The Texas Association of Licensed Child Care Services; the National Association of Social Workers, Texas State Chapter and Houston Local Chapter; the Association of Black Social Workers; and the American Red Cross also submitted comments. Public hearings were held in San Antonio, Austin, Houston, Arlington, McAllen, Lubbock, and El Paso. A total of 239 persons attended, and 51 provided oral testimony on the proposals. Oral testimony represented 29 licensed child-placing agencies, 7 child protective services staff, 10 foster parents, 3 adoptive parents, the Texas State Foster Parents Association, and the American Red Cross. TDPRS made changes to sec.720.24 on the basis of comments to clarify the meaning of "counseling" and "human services field." The definition of "on- going contact" was deleted on the basis of comments relating to sections where the term was used. In response to comments, sec.720.27(g) was changed to clarify the require- ment for a fee policy; and sec.720.27(h) and (i)(1) were changed to permit an agency to submit a special report prepared by a certified public accountant as an alternative to the audit requirement. This will permit agencies to meet the intent of the minimum standards at much less expense. Changes were made to sec.720.27(m) to clarify the intent of the standard on the basis of comments concerning the meaning of "retroactive" payments. Changes to sec.720.27(o) and (p) were made to permit agencies to give birth-parents money to cover such items as food and public transportation. This is in response to comments that expressed concern that prohibiting all direct payments results in complicated and expensive accounting and is demeaning to birth-parents. Many commenters objected to agencies requiring reimbursement from birth-parents who choose not to relinquish a child for adoption. Section 720.27(r) was revised to specifically prohibit potential coercion. TDPRS made changes to sec.720.28(b) to clarify that the agency's policies must include a statement of the agency's services that describe the eligible population and their needs. TDPRS revised sec.720.30(c) and (d) in response to comments to make children's rights to an appropriate placement more specific and to include children's rights to sibling visits and contact. Also in sec.720.30(l), (2), and (3) the designation of "professional level staff" was changed to "level I staff" in response to comments that the original term implied that other child-placing staff were not professional. Under sec.720.32(d),(h), and (r), a prohibition against demeaning or humiliating punishment was added, and all physical punishment prohibited. Corresponding changes were made in sections relating specifically to foster care and adoption policies. The use of restraint was limited to emergency use of personal restraint. Protective devices, mechanical restraints, and seclu- sion were prohibited in agency homes and adoptive placements. This was in response to extensive comment on problem management issues. Two changes were made to sec.720.36. Subsection (d) now reads "child abuse or neglect," rather than "child abuse and neglect" to advance the objective of providing basic protection to children placed in substitute or adoptive care. Also in subsection (d), the phrase "PRS's Director of Licensing" was changed to "Director of Licensing." A change was made to allow the Director of Licensing to determine those who are acceptable to provide services rather than requiring the Director of Licensing to rule that proof of rehabilitation has been established. Numerous comments were received on sec.720.37 and sec.720.38, relating to qualifications and responsibilities of staff. In response to comments, the entire sec.720.37 was rewritten to clarify the qualifications and responsibili- ties of professional level child-placing staff. Section 720.38, regarding supervisor level qualifications and responsibilities, is being withdrawn. In sec.sec.720.37(b) and 720.39(b), the designation was changed from "professional level staff" to "level I staff" in response to comments that the original term implied that other child-placing staff were not "professional." Extensive comment was received on sec.720.40, relating to foster parent qualifications. It appeared that many of those commenting did not realize that the proposed standard included an alternative to the high school diploma or G. E.D. requirement. The section was rewritten to clarify this. Under sec.720.41, the proposed requirement for individual training plans was changed to a written training plan or program for the agency. This was in response to comments that an overall plan or program was more effective, and that individual plans would result in too much additional paperwork. Also under sec.720.41, much comment was received about the differential training requirements for child-placing agency staff by tenure and the corresponding requirements for foster parents by the ages and needs of children in care. In response, both sets of requirements were simplified and some carryover of training from year to year permitted. In response to comments, sec.720.42(a)(4) was changed to clarify the statement of rights and responsibilities of the agency and foster par- ents/foster families. In sec.720.42(d)(6) a change was made to include a prohibition against demeaning or humiliating discipline or punishment or physical punishment. Subsection (d)(7) was added to sec.720.42 to include the continuance of sibling contact. TDPRS deleted sec.720.43(d) to clarify that the agency may decide to seek immediate medical care for a child entering substitute care or adoptive placement. Also, a change was made to clarify the requirements for dental examinations for children three years or older. In sec.720.43(a) and (b) the designation was changed from "professional level staff" to "level I staff" in response to comments that the original term implied that other child-placing staff were not "professional." In response to comments, a change was made to sec.720.44(d) to the require- ment to provide the child's needs and plans for care and management to foster parents or staff "within 30 days of placement" to "10 working days from completion of the intake study." In response to extensive comment, the requirement in sec.720.45(a) that an initial service plan be developed prior to a child's discharge from an emergency shelter was deleted. It was determined that this was an unrealistic timeframe that would not support appropriate permanency planning. Responding to comments about sec.720.46 that the proposed service plan review timeframes and requirements would not improve planning for children and would result in extensive additional paperwork, the department deleted the requirements. Under the adopted rules, agencies will be responsible for developing and implementing service plan review policies based on the needs of the children served by the specific agency. In response to comment, changes were made in sec.720.47 and sec.720.50 to replace "professional level" with "level I child-placing staff" and to indicate that service plan reviews after subsequent placement will be based on agency policy. In response to comments, TDPRS deleted sec.720.47(5) regarding the child's plan of service being reviewed and updated prior to the move and sec.720.47(b) (3) regarding the child's plan being reviewed and updated within 10 working days of an emergency move. In response to comment, TDPRS added to sec.720.49(b) consideration of maintaining sibling relationship to foster home study requirements and clarified that the agency must obtain all available information about the foster home applicants regarding the family's ability to work with specific kinds of behaviors and backgrounds. In response to comments, sec.720.51(a) was changed to indicate "that appropriate minimum standard are met" rather than "how" they are met to reduce paperwork. TDPRS clarified in sec.720.53(e) that the agency must develop a policy for reviewing plans of service based on the needs of the children and that the plan must be reviewed by the Licensing Division. In sec.720.54(2) and sec.720.56(b) a change was made to the requirement for provision of written information to birth-parents and adoptive family appli- cants from "first contact" to "prior to the agency establishing a formal relationship." TDPRS clarified in sec.720.55(b) that the agency must obtain professional assessments for the physical, mental, and emotional status of a child being considered for adoption "and" a developmental assessment. Also, in sec.720.55(d) the change clarifies that TDPRS must refer children with disabilities to the Social Security Administration to determine eligibility for benefits. In response to comments, changes were made to sec.720.58(a), (b), and (c) regarding the requirement for regular, ongoing contact (defined as at least monthly) with birth-parents, children (when applicable), and adoptive appli- cants to at least quarterly contact. Also in sec.720.58(d), requirements for updating adoptive home studies were clarified. In sec.720.59(f), a requirement that agencies give prospective adoptive parents information about adoption assistance programs was added. Also, under sec.720.59, the 48-hour waiting period for accepting a relinquishment was deleted. This is in response to comments that, since the proposed rule was based on proposed legislation in the last session that would have applied to both private and agency adoptions and the legislation did not pass, it was best to delete the requirement in rules that apply only to agency adoptions. In response to comments, a change was made to sec.720.61(d), requiring agencies to provide de-identified records to birth-parents (as well as adoptive children) upon request, and including in the record the county and court of jurisdiction for the adoption. In response to comments, two subsections were deleted from sec.720.62, to simplify the proposed requirements for subsequent adoptions. In sec.720.65(4) and (5), changes were made to the allowable expenditures on behalf of birth-parents to clarify costs associated with housing and transportation. The expenditures in sec.720.65(b)(8) and (9), regarding payments on furniture, appliances, and employment-related goods and education expenses, were deleted. 40 TAC sec.sec.720.25-720.60 The repeals are adopted under Texas Civil Statutes, Article 4413 (503) which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services (TDHS) to the Texas Department of Protective and Regulatory Services; and under the Human Resources Code, Title 2, Chapter 42, which provides the department with the authority to administer 24-hour care licensing programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 26, 1993. TRD-9327888 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Protective and Regulatory Services Effective date: March 1, 1994 Proposal publication date: February 26, 1993 For further information, please call: (512) 450-3765 40 TAC sec.sec.720.24-720.37, 720.39-720.67 The new sections are adopted under Texas Civil Statutes, Article 4413 (503), which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services (DHS) to the Texas Department of Protective and Regulatory Services; and under the Human Resources Code, Title 2, Chapter 42, which provides the department with the authority to administer 24-hour care licensing programs. sec.720.24. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Adoption placement model-The approaches to adoption used by a child-placing agency under its policies. The child-placing agency may use models other than the following: (A) Open adoption-Birth-parents and adoptive parents meet one another, share full identifying information, and have access to ongoing contact after the adoption is consummated. The form and frequency of the ongoing contact is determined by the participants. (B) Identified adoption-Birth-parents and adoptive parents meet, with intent to effect an adoption, and then contact the child-placing agency. (C) Designated adoption-Birth-parents select an adoptive family from de- identified description of prospective adoptive families provided by the child- placing agency. (D) Closed adoption-All aspects of the adoption are kept confidential with no contact between birth and adoptive families. Available information -Information that a reasonable and prudent person would consider accessible to and/or obtainable by a child-placing agency that sets itself forth as qualified to provide child-placing services. A child- placing agency is held to a higher standard than a member of the general public in regard to information relevant to child-placing services. Behavior endangering self or others-Behavior capable of causing physical harm to self or others which may include running away. Physical holding (personal restraint) may be used to prevent a child from running away because it is directly linked to protecting him from potential injury. The behavior may include destruction of property, however, physical holding (personal restraint) to prevent destruction of property is permitted only after less restrictive interventions have been attempted and failed. Attempts to use less restrictive interventions must be documented in the child's record as part of documenting the need for restraint if destruction of property is defined as behavior endangering self or others. Counseling (general) -A procedure used by professionals in various disciplines in guiding individuals, families, groups, and communities by such activities as giving advice, delineating alternatives, helping to articulate goals, and providing needed information. Counseling must be provided by a person who can demonstrate qualifications appropriate to the services provided. Diligent effort -The diligence and skill exercised by a qualified professional in his particular specialty which must be commensurate with the duty to be performed and the individual circumstances of the case, not merely the diligence of an ordinary person or non-specialist. Family applicants -All residents, part or full-time, of a household that is being considered for verification as an agency foster family or agency foster group home. Human services field-A field of study designed to prepare a student for service in programs and activities that enhance people's development and well- being. Mechanical restraint -Any physical device used to restrict the movement of the whole or a portion of a child's body, except when such restriction is primarily used to prevent self-injury or permit wounds to heal. See "Protective devices." Personal restraint -Any contact with a caregiver's body applied to restrict the movement of the whole or a portion of a child's body. Post adoption services-Services available through the child-placing agency (direct or on referral) to birth and adoptive parents and the adoptive child after the adoption is consummated. Services include, but are not limited to: counseling, maintaining a registry if a central registry is not used, providing pertinent new medical information to birth or adoptive parents, providing the adult adoptee a copy of his or her record upon request. Protective devices -Devices used to prevent self-injury or self-mutilation. Reasonable expenditures -Just, proper, ordinary, or usual expenditures. Fit and appropriate expenditures, given the end in view. These are allowable expenditures that may be counted when determining that annual adoption reimbursement income does not exceed annual child-placing agency expenditures. Record of adopted child after adoption-All information received by the child-placing agency that bears the child's name and pertains to the child. Re-evaluation-An assessment of all factors required for the initial evaluation only for the purpose of determining if any substantive changes have occurred. If substantive changes have occurred, these areas must be fully evaluated. Seclusion-Confinement, without a caregiver present, in a locked room or in another isolated area from which the child is prevented from exiting. Serious incidents -Any non-routine occurrence that has an impact on the care, supervision, and/or treatment of a child or children. This includes, but is not limited to, suicide attempts, injuries requiring medical treatment, runaways, commission of a crime, and allegations of abuse and/or neglect or abusive treatment. Social history (sec.16.037 of the Texas Family Code)-"... must include information, to the extent known, about past and existing relationships among the child and the child's siblings, parents by birth, extended family, and other persons who have had physical possession of the child." Special needs-Needs other than those of the majority of children of the same age and stage of development and other than those routinely met by the specific kind of facility where the child receives care. Substitute care -Twenty-four hour a day residential care provided to a child by a child care facility, other agencies such as hospitals and nursing homes, or an individual who is not related to the child by blood, marriage, or adoption. sec.720.27. Fiscal Accountability. (a) The agency must be established and maintained on a sound fiscal basis. (b) The agency must maintain complete financial records. (c) New agencies must set up a financial record keeping-system approved by a certified public accountant, must meet the Texas Department of Protective and Regulatory Services (PRS's) audit and accounting standards, and must be in accordance with generally accepted accounting principles (GAAP). (d) New agencies must submit a 12-month budget to PRS's licensing division when the signed application is submitted. (e) New agencies must have reserve funds or documentation of available credit at least equal to operating costs for the first three months of operation. (f) New agencies must have predictable funds sufficient for the first year of operation. (g) Agencies must have a fee policy that clearly describes what fees are charged and what services are covered by the fees. (h) Agencies providing adoption services must have an annual audit by an independent certified public accountant. The audit must meet the audit and accounting standards described in sec.720.64 of this title (relating to Audit and Accounting Standards for Child-Placing Agencies Providing Adoption Services) and be performed in accordance with GAAP. In lieu of an audit, agencies may submit a special report prepared by a certified public accountant that meets the intent of the audit requirement. (i) Agencies providing adoption services must submit the following information to PRS's licensing division annually: (1) audit information pertaining to adoption fees and expenditures must include an opinion letter from the certified public accountant performing the audit verifying that the information submitted accurately reflects adoption- related income and disbursements. Agencies submitting a special report in lieu of an audit must meet the intent of the standard in regard to the special report; and (2) other financial information, as requested, required for the licens- ing review to determine that adoption related income and disbursements are reasonable, appropriate, and in compliance with minimum standards. (j) For agencies providing adoption services, annual income from adoption fees and any reimbursements related to adoption expenses, gifts and donations, grants, or other sources of income related to adoption services must not exceed the agency's annual allowable and reasonable expenditures for providing adoption-related services to children, birth-parents, adoptive applicants, and adoptive parents. The agency may carryover a maximum of three months' adoption- related operating expenses as a reserve fund from fiscal year to fiscal year. Only allowable and reasonable expenditures may be included in such calculations. (k) An agency must not make any payments for adoption referrals. (l) An agency must not influence or attempt to influence birth-parents to make a decision to relinquish their child by offering any form of financial or other material incentive. (m) An agency must not make any payments to or in behalf of birth-parents for goods or services for which payments have already been made. An agency must not seek reimbursement for any expense not met by the agency. (n) An agency may make allowable and reasonable expenditures on behalf of birth-parents only when a demonstrated need for expenditures exist. Unless an agency can demonstrate that the basic health and safety of the birth-parent or child is in imminent danger, the child-placing agency may not, by action and/or advice, disrupt an existing arrangement where needs are met and then make expenditures to meet those needs. (o) When making allowable and reasonable expenditures on behalf of birth- parents, children, and adoptive parents, an agency providing adoption services must maintain financial records that clearly state the specifics of each transaction. (1) An agency may provide cash payments to birth-parents to cover costs of food, household supplies, personal hygiene and grooming products, and gasoline or public transportation. Each disbursement may cover a period not to exceed one month. (2) An agency may provide a cash payment(s) to birth-parents for the purchase of necessary clothing. (3) An agency making allowable cash payments must establish in its policies a maximum amount per category per time period based on such generally accepted criteria as the cost-of-living index. (4) Each transaction must be documented by receipts. Receipts must include date, payee identification, purpose, and clear indication that funds were expended for services rendered and/or goods provided. Canceled checks do not meet the documentation requirement. (p) An agency providing adoption services may only make direct payments to a birth-parent as permitted in subsection (o) of this section. (q) Agencies providing adoption services must have an adoption fee or adoption fee schedule equally applied to all clients. (r) An agency providing adoption services must not require repayment from a birth-parent for any services if the birth-parent chooses not to relinquish a child for adoption. This policy must be posted in the agency's offices and the agency must provide this information to birth-parents in writing. sec.720.28. Policies. (a) The child-placing agency must have clearly stated, current poli- cies, approved by its governing body, that at least meet minimum standards for child- placing agencies and are fully implemented. (b) The agency's policies must include a statement that describes the agency's services, including the eligible population and the needs the agency will meet for that population. (c) The agency must maintain current copies of all policies. Policies must indicate governing body approval and effective date. (d) All agency policies must be available for review upon request by the Texas Department of Protective and Regulatory Services (PRS's) licensing division and child-placing agency clients. (e) The agency must operate according to its written policies. (f) The agency must report any changes to the written policies to PRS's licensing division prior to implementing the change. sec.720.30. Children's Rights. (a) The child-placing agency is responsible for protecting children's rights while a child is placed in substitute care and in adoptive placements prior to consummation of the adoption. (b) Children must not be abused or neglected. (c) Children must be placed and supervised appropriately in the least restrictive environment capable of meeting their needs. The placement must meet the child's physical and emotional needs and must provide consideration for sibling relationships and cultural needs. (d) Children must have the opportunity for sibling visits and contact when a sibling group is not placed in the same home or facility. (e) Children must have an appropriate education. (f) Children must have an opportunity to participate in community functions and recreational activities and have their social needs met. (g) Children must have personal clothing suitable to their age and size. Children must have some choice in selecting their clothing. (h) Children must be given training in personal care, hygiene, and grooming. Each child must be supplied with equipment for personal care, hygiene, and grooming. (i) Money a child earns or is given as a gift or allowance must be his personal property. (j) A child's money must be accounted for separately from the agency's funds or the funds of the facility or family with whom he is placed. (k) A child must not be required to use his personal money to pay for room and board, unless it is a part of the service plan and approved in writing by the parents or managing conservator and the child-placing agency. (l) Contacts between children and their parents must be allowed according to the agency's policies unless parental rights have been terminated or relinquished or contacts are not in the child's best interest. (1) Children must be allowed to send and receive mail and have telephone conversations with family members or managing or possessory conservators unless the child's best interest or a court order necessitates restrictions. (2) When either the child or his family requests contact, but that contact is not in the child's best interest, level I child-placing staff must determine the communication restrictions. Reasons for the restrictions must be explained to the child and documented in his record. (3) If restrictions continue longer than one month and the child or his family continues to request contact, level I child-placing staff must evaluate these restrictions at least monthly. Reasons for the continued restrictions must be explained to the child and documented in his record. (4) If communications or visits are limited for practical reasons (such as expense), the limits must be determined with the child and his parents or managing conservator. The limits must be documented in the child's record. (m) A child must be allowed to bring personal possessions to the facility or home where he is placed and allowed to acquire other personal possessions. Any limits on the kinds of possessions a child may or may not receive must be discussed with the child and his parents or managing conservator. (n) The written informed consent of a child (if the child is able to give consent) and the child's parents or managing conservator must be obtained before involving the child in any fund raising and/or publicity for the child- placing agency. sec.720.32. Problem Management. (a) The child-placing agency must have written policies to guide caregivers in management of problem behavior of children in substitute or adoptive placement prior to consummation of the adoption. The policies must include measures for positive responses to appropriate behavior. The agency must give copies of the policies to staff, foster parents, adoptive parents, and to birth-parents or managing conservators. (b) Disciplinary measures used by caregivers must: (1) be consistent with the agency's policies; (2) not be physically or emotionally damaging to the child; and (3) be individualized to meet each child's needs. (c) Only adult caregivers may discipline a child. (d) Children must not be subjected to any harsh, cruel, unusual, unnecessary, demeaning, or humiliating punishment. (e) Children must not be denied food, mail, or visits with their families as punishment. (f) Children must not be threatened with the loss of placement as a means of controlling behavior. (g) The reasons for any punishment or restriction must be explained to the child when the measures are imposed. (h) Physical punishment must not be used with any child placed in substitute care or in an adoptive placement prior to consummation of the adoption. (i) If a child is restricted to a foster or adoptive home for more than 24 hours, the restrictions must be recorded in the child's record. (j) If the agency's policies permit the use of restraint, this must be limited to emergency use of personal restraint. (k) Restraining measures must not be used as punishment, as a substitute for effective treatment or program, or for the caregiver's convenience. (l) If restraining measures are used, only such force as is reasonable and necessary may be used. (m) If the agency authorizes the use of restraint for a child, caregivers must be trained in the types of restraint authorized before the child is placed. (n) Personal restraint may be used only when a child's behavior endangers himself or others. (o) The child must be released from personal restraint as soon as he is no longer a danger to himself or others. (p) Any use of personal restraint must be documented in the child's record, including: (1) the date and time the caregiver began using the restraint and the name of the caregiver using it; (2) a description of the specific behaviors necessitating the use of the restraint; (3) the type of restraint used and the length of time the child was restrained; and (4) any injury the child sustained as a result of the incident or the use of restraint. (q) The use of personal restraint must be evaluated as part of the next service plan review. The agency must consider alternative strategies to handle the behavior that required using personal restraint. This evaluation and instructions to caregivers must be documented in the child's record. (r) Protective devices, mechanical restraints, and seclusion or placing a child in a locked room must not be used in an agency home or adoptive place- ment. sec.720.36. General Personnel Requirements. (a) The child-placing agency must reassign or remove from direct contact with clients any employee, volunteer, or foster parent against whom is returned: (1) an indictment alleging commission of any felony classified as an offense against the person or family, or of public indecency, or of violation of the Texas Controlled Substances Act; (2) an information accepted by a district or county attorney alleging commission of any misdemeanor classified as an offense against the person or family, or of public indecency; or (3) an official criminal complaint accepted by a district or county attorney alleging commission of a misdemeanor classified as an offense against the person or family, or of public indecency. (b) Such reassignment or removal must remain in effect pending resolution of the charges. (c) No one may serve as a staff member, volunteer, or foster parent having contact with clients or be approved as an adoptive parent who has been convicted of any felony classified as an offense against the person or family, or of public indecency, or of violation of the Texas Controlled Substances Act, or of any misdemeanor classified as an offense against the person or family or of public indecency, unless the Department of Protective and Regulatory Services (PRS's) Director of Licensing has ruled that proof of rehabilitation has been established. (d) No one may serve as a staff member, volunteer, or foster parent having contact with clients or be approved as an adoptive parent for whom "reason to believe" (or a comparable determination in another state) has been determined for child abuse or neglect unless the Director of Licensing determines that such service is acceptable. (e) The agency must report any occurrences under standards listed in subsection (a) of this section to PRS's licensing division by the end of the first workday after learning of the occurrence. (f) Persons whose behavior or health status presents a danger to clients must not be allowed at the child-placing agency or at homes verified by the agency. (g) Staff and volunteers who have contact with children, foster parents, foster family household members, and employees in foster family homes must be tested for tuberculosis according to the recommendations of the Texas Department of Health or local health authorities before having contact with children in care. (h) The child-placing agency must have a personnel file for each employee, volunteer, and foster parent whose work relates to child-placing activities, work with birth-parents, and children in care. Each file must contain: (1) documentation that the person meets the qualifications for the position; (2) tuberculosis test reports, if required, for persons having contact with children; (3) criminal background check and child abuse/neglect report information system check reports; (4) documentation that the person meets training requirements; (5) date of employment; and (6) date and reason for separation. sec.720.37. Qualifications and Responsibilities of Professional Level Child- Placing Staff. (a) The agency must have on staff at least one person with: (1) a master's degree in social work or a human services field from an accredited college or university and at least two years of supervised child- placing experience. The degree must include: (A) a minimum of nine credit hours in graduate level courses that focus on family and individual function and interaction; and (B) at least 350 hours of formal, supervised field placement or practicum with a social service or human services agency; or (2) a master's degree in a human services field and at least three years of supervised child-placing experience. (b) The following responsibilities must be carried out by level I child- placing staff: (1) approval of admission of a child into the child-placing program; (2) approval of the intake study; (3) approval of a facility, adoptive, or foster home for the child's placement and for initial and subsequent placements; (4) approval of studies on foster families and adoptive homes; and (5) professional supervision of less qualified and/or experienced staff, if any, including planning for staff development and corrective action in regard to child-placing decisions. sec.720.39. Other Child-Placing Staff. (a) Other staff engaged in child-placing must meet one of the following qualifications: (1) a master's degree in a human services field from an accredited college or university and one year of supervised child-placing experience; (A) the person must have completed a minimum of nine credit hours in graduate level courses that focus on family and individual function and interaction; and (B) the person must have completed at least 350 hours of formal, supervised field placement or practicum with a social service or human services agency. (2) a master's degree from an accredited college or university and two years of supervised child-placing experience; (3) a bachelor's degree in a human services field from an accredited college or university and two years of supervised child-placing experience; (4) a bachelor's degree from an accredited college or university and three years of supervised child-placing experience; or (5) a bachelor's degree from an accredited college or university and direct supervision from a person meeting supervisor-level qualifications. (b) Child-placing decisions made by staff who do not meet level I qualifications must be approved by level I staff. sec.720.40. Foster Parents and Agency Home Child Care Staff. (a) Agency home child care staff refers to agency foster family homes and agency foster group homes that are staffed by agency employees as differ- entiated from traditional foster homes. (b) The agency must have in writing procedures for implementing a screening program. The screening program must ensure that foster parents/agency home child care staff: (1) are able to benefit from training and have the competencies to meet the needs of children in care in areas such as health, education, and disci- pline/behavior management; or (2) have at least a high school diploma or GED credentials. sec.720.41. Training Requirements. (a) All child-placing staff, foster parents, and agency home child care staff must receive an orientation about the child-placing agency's policies and the services provided. (b) Foster parents, agency home child care staff, and any persons involved in child care in an agency home must be responsible, mature, healthy adults capable of meeting the needs of children in care. (c) The agency must have a written training plan or program for all child- placing staff, foster parents, and agency home child care staff. The plan must include stated time-frames for assessment of each staff's training needs, plan for training content, and number of training hours. (d) The agency must ensure that all foster parents and agency home child care staff complete eight hours of pre-service training in areas appropriate to the needs of children for whom they will be providing care. Pre-service training must be completed before children are placed for care. (e) Professional level child-placing staff must obtain at least 20 clock hours of job-related training annually. At least 10 of the clock hours obtained each year must relate directly to child-placing responsibilities. (f) Other child-placing staff must obtain at least 30 clock hours of job- related training during the first year of assignment to child-placing responibilities, and at least 20 clock hours annually thereafter. All qualifying clock hours must relate directly to child-placing responsibilities. (g) Foster parents and agency home child care staff must have the following training: (1) The primary caretaker in a foster family unit and all agency home child care staff must successfully complete training from a certified instruc- tor in infant/child cardiopulmonary resuscitation (CPR) and first aid prior to assignment to child care responsibilities. Infant/child CPR training and first- aid training must be updated as required to maintain certification. Infant/child CPR training and first-aid training must meet criteria established by the licensing division. (2) For agency homes providing therapeutic foster care, the foster family unit must complete at least 50 hours of in-service training annually. Agency home child care staff assigned to such homes must each complete at least 50 clock hours of training. (3) For agency homes that do not provide therapeutic foster care, the foster family unit must complete at least 20 hours of in-service training annually. Agency home child care staff assigned to such homes must each complete at least 20 clock hours of training. (4) Annual training hour requirements are in addition to initial first aid and CPR training. First aid and CPR updates maybe included in the annual training requirements. (h) At least 75% of the required annual training for child-placing staff, foster parents, and/or agency home child care staff must consist of course-work from an accredited educational institution, workshops, seminars, other direct training provided by qualified agencies, organizations, and individuals, in- service training, or self-instruction program. To qualify, in-service training and self-instruction programs must include stated learning objectives, curriculum and learning activities, and an evaluation component. All training must be documented, including date, subject, number of hours, and training provider. (i) Up to one-half of the following year's annual training requirement may be carried over from the previous year when staff or foster parents complete training in excess of the minimum requirements. sec.720.42. Placement for Substitute Care Policies. (a) If a child-placing agency provides foster care services, the agency must have foster care policies that include: (1) written policies including specific criteria for accepting foster parent applicants and agency home child care staff; (2) specific criteria for making decisions about the number, ages, and needs of children who may be placed with foster parents and in agency homes where child care staff are employed; (3) written screening procedures for foster parents and/or agency home child care staff; (4) a statement of the rights and responsibilities of the agency and foster parents/foster families in regard to agency-agency foster home rela- tionship. The statement must include roles, training agreements, communication process, financial reimbursement, placement procedures, support services, information sharing, participation in the treatment process, and the agency's grievance procedure; and (5) a statement that the agency will not discriminate on the basis of race, color, national origin, sex, age, disability, political belief, or religion. (b) The agency must have a written pre-service training policy for foster parents and agency home child care staff. The policy must include the type and amount of pre-service training in relation to the ages and needs of the children who will be placed in the home. (c) The agency must screen applicants, make specific placement decisions, and provide pre-service training according to the stated policies. (d) The agency must have a policy that identifies children's rights in agency care. The policy must cover: (1) contact between the child and the child's family; (2) any limitations to children's contact with family; (3) child's right to receive gifts, telephone calls, letters, and other communications; (4) the right to confidentiality; (5) the right to be free of coercion regarding participation in public events, media presentations, and fund-raising events; (6) the right to be free from any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment or from any physical punishment; and (7) the right to continued contact with siblings. sec.720.43. Substitute Care Intake. (a) Except in an emergency placement, intake information must be gathered, documented, reviewed, and the intake process and decision to place approved by level I child-placing staff prior to placement. (b) In an emergency placement, the intake study must be completed within 30 days of the placement, including approval by level I child-placing staff. (c) The child-placing agency must obtain all available information regarding the child being considered for substitute care placement including: (1) health history, social history, educational history, genetic and family history, and other information required by the Texas Family Code, sec.16.032 and as described in sec.720.67 of this title (relating to Requirements: Health, Social Educational, and Genetic History Report); (2) history of any previous placements, including dates and reasons for placement; (3) the child's understanding of and response to consideration of placement; and (4) the child's legal status. (d) A child must have a medical examination by a licensed health practitioner within 30 days prior to placement or within 30 days after placement. A child being transferred from a licensed agency who has had a medical examination within the past year is exempt. The signed and dated examination report must be in the child's record. (e) Children three years old or older must have a dental examination by a licensed dentist or a dental hygienist working under the supervision of a licensed dentist within one year before placement or an appointment must be made for a dental examination within 60 days after placement. Documentation of the appointment or of the dental exam must be in the child's record. (f) Children must be tested for tuberculosis according to the recommendations of local public health authorities or the regional office of the Texas Department of Health in the county in which the child has been living. (g) Unless the child-placing agency is the managing conservator at the time of placement, there must be a written agreement between the child-placing agency and the child's parents or managing conservator. A copy of the agree- ment must be in the child's record. The agreement must include: (1) authorization for the child-placing agency to care for the child; (2) a medical consent form signed by a person authorized to give consent by the Texas Family Code; and (3) statement of the reason for placement and anticipated length of time in care. (h) Agencies must inform parents and managing conservators in writing of: (1) the agency's rules regarding visits, gifts, mail, and telephone calls; (2) the type and frequency of reports the agency will make to parents and managing conservators; (3) the agency's discipline policies; (4) the agency's policy or program concerning religious training; and (5) information concerning trips. sec.720.44. Substitute Care Placement. (a) When the child-placing agency places children into a regulated child care facility, the responsibility for the child's care becomes a joint responsibility between the agency and the regulated child care facility. The regulated child care facility must meet the appropriate minimum standards. The child-placing agency is not required to duplicate activities, such as service planning, being carried out by the regulated child care facility. In regard to timeframes and any specifics of care, the minimum standards for the regulated child care facility apply. (b) In a non-emergency placement, all information from the intake study relating to the child's needs and plans for care and management must be shared with the foster parents or staff responsible for the child's care prior to placement. (c) In an emergency placement, the agency must provide all available intake study information relating to the child's needs and plans for care and management to foster parents or staff responsible for the child's care at or before the time of placement. (d) In an emergency placement, the agency must provide all information from the intake study relating to the child's needs and plans for care and management to foster parents or staff responsible for the child's care within 10 working days of completion of the intake study. (e) The agency must document the intake information shared with foster parents or staff responsible for the child's care, including dates, in the child's record. (f) In a non-emergency placement, children over six months of age must visit at least once in the foster home or child care facility before place- ment. The visit must be documented in the child's record. (g) If a child-placing agency uses the agency home of another child-placing agency, there must be a written agreement between the agencies that specifies the roles and responsibilities of each child-placing agency. (h) The agency must document in the child's record that a child with special needs is placed in a foster home or child care facility capable of meeting such needs or that the agency has in place other arrangements to ensure the needs are met. sec.720.45. Initial Service Plan. (a) Within 30 days after placement, the child-placing agency must develop an initial service plan for the child. For children placed in emergency shelters, the agency must develop, review, and update the discharge plan as required by emergency shelter standards. (b) The agency must make diligent efforts to involve the following persons in the service planning process: the child, as appropriate; the parents or managing conservator; and the foster parents or child care facility. The agency must document in the child's record persons participating in the plan development. (c) The service plan must identify and include: (1) The child's needs, in addition to basic needs related to day-to-day care and development. (A) Areas of special needs that must be considered include medical, dental, developmental, educational, social, and emotional needs. (B) For children 16 years of age and older, the plan must include preparation for adult living. (2) Specific strategies to meet the child's needs, including instruc- tions to foster parents or staff responsible for the care of the children. Instructions must include specific information about: (A) supervision; (B) discipline and behavior management; and (C) trips and visits away from the home. (3) Expected outcomes of placement for the child including the permanency plan for the child and estimated length of time in care. (d) Child-placing agency staff must have face-to-face contact with the child at least quarterly. Contacts must be documented in the child's record. (e) The child-placing agency must obtain professional consultation and treatment for children with developmental disabilities and/or problems of adjustment in the social, home, and/or school environment. Any record of specialized testing or treatment must be documented in the child's record. sec.720.46. Service Plan Review. (a) The agency must develop a policy for reviewing plans of service appropriate to the needs of the children served. The policy must address issues of placement disruption and planned subsequent placements in addition to regular reviews. The policy must be reviewed and approved by the licensing division. (b) The child's parents or managing conservator must be notified of a service plan review in advance. Documentation of the notice must be included in the child's record. (c) The agency must make diligent efforts to involve the following persons in the service plan review: a representative of the child-placing agency, the foster parents or child care facility representative, the child, and the child's parents or managing conservator. Participation must be documented in the child's record. (d) The service plan review must include: (1) an evaluation of progress towards meeting identified needs; (2) any new needs identified since the plan was developed or last reviewed and strategies to meet these needs, including instructions to foster parents or staff responsible for the child's care; and (3) any changes to the expected outcomes of placement, the permanent placement plan, and the estimated length of time in care. (4) If the review shows no progress towards meeting the identified needs of the child, reasons for continued placement must be documented in the review. sec.720.47. Subsequent Placement. (a) Non-emergency subsequent placements must meet the following requirements: (1) Level I child-placing staff must approve the planned move before a child is moved from one placement to another. (2) The agency must arrange for at least one pre-placement visit in the child care facility or foster home before moving a child over six months of age. This must be documented in the child's record. (3) Child-placing agency staff must discuss, with the child, the circumstances that make the move necessary in a manner appropriate to the child's age and ability to respond orally and behaviorally to such a discus- sion. The discussion must take place prior to the move and must be documented in the child's record. (4) The child's understanding of and response to the move must be documented in the child's record. (5) Social, medical, psychological, and school history as it relates to the child's needs and plans for care and management must be shared with the foster parents or child care facility staff prior to placement. The informa- tion provided must be documented in the child's record. (b) Emergency subsequent placements must meet the following requirements: (1) Child-placing agency staff must discuss with the child the circum- stances that make the move necessary before or at the time of the move. The discussion must be documented in the child's record. (2) The child's understanding of and response to the move must be documented in the child's record. (3) Social, medical, psychological, and school history as it relates to the child's needs and plans for care and management must be shared with the foster parents or child care facility staff prior to or at the time of placement. The information provided must be documented in the child's record. (4) Level I child-placing staff must approve the move within 10 working days of placement. sec.720.49. Agency Foster Family Care Study. (a) The foster home study process for all family applicants must include at least the following documented contacts: (1) at least one individual interview with each foster parent; (2) at least one additional interview with the foster parents either jointly or as a family group; (3) at least one interview with each child and any other person living full or part-time with the family; (4) at least one visit to the foster home when all members of the household are present; and (5) at least one contact, by telephone, in person, or by letter, with each adult child of the foster family no longer living in the home. (b) The child-placing agency must conduct a foster home study for all family applicants being considered for verification as an agency foster family home or agency foster group home. The child-placing agency must obtain all available information about the foster home applicants regarding: (1) motivation for providing foster care; (2) health status (physical, mental, and emotional) of all persons living in the home in relation to the family's ability to provide foster care; (3) quality of marital and family relationships in relation to the family's ability to provide foster care; (4) foster parents' feelings about their childhood and parents, includ- ing any history of abuse and/or neglect and their resolution of such experi- ence; (5) values, feelings, and practices in regard to child discipline and care; (6) sensitivity to and feelings about children who may have been subjected to abuse, neglect, separation from, and loss of their biological family; (7) sensitivity to and feelings about birth families of children in substitute care; (8) attitude of the extended family regarding foster care; (9) sensitivity to and feelings about different socioeconomic, cultural, and ethnic groups in relation to the family's ability to provide foster care for and assist in maintaining the cultural/ethnic identity of children from different backgrounds; (10) sensitivity to and feelings about maintaining sibling relation- ships; (11) expectations of and plans for foster children; and (12) family's ability to work with specific kinds of behaviors and backgrounds. (c) Staff responsible for the foster home study must evaluate information obtained during the study process and make specific recommendations about the family's capacity to work with children. This must include, but is not limited to, such characteristics as age, sex, special needs, and number of children. (d) Prior to approving an agency home or agency foster group home for placement the child-placing agency must obtain the following: (1) documentation that all members of the household and any employees of the foster family have been tested for tuberculosis according to the recommendations of the Texas Department of Health or local public health authorities; (2) an approved fire inspection report, or if fire inspections are not available, the Texas Department of Protective and Regulatory Services (PRS's) fire safety checklist; (3) an approved health inspection report, or if health inspections are not available, PRS's health inspection checklist; and (4) the floor plan sketch of the home showing room dimensions and purposes of rooms. sec.720.50. Foster Home Verification. (a) Before verifying an agency home, the agency must perform an inspection and document that the home meets appropriate minimum standards. Verification must include that either no firearms are or will be present in the home or that all appropriate precautions are taken. (b) Before issuing an agency home verification, the child-placing agency must document that level I child-placing staff has approved the home for placement including the number, age, and sex of the children for whom the home is approved. (c) An agency must not place a child into a home until the home has been studied and verified as an agency home. The child-placing agency must not place more children in an agency home than the number for which the home is approved. (d) An agency home verification form must be given to each approved agency home after the foster home study and after any change that affects the conditions of the verification certificate. (e) The child-placing agency must make a written agreement with the foster parents at the time the agency home is verified. Both the child-placing agency and the foster parents must have a copy of the agreement and a copy must be filed in the foster home record. This agreement must specify: (1) the financial agreement between the child-placing agency and the foster home; (2) that the foster home must not accept a non-relative child for 24- hour care from any source other than through the child-placing agency; (3) the child-placing agency's right to remove the child at the child- placing agency's discretion; (4) that the child may be discharged from the home only with the consent of the child-placing agency; (5) that visiting by the child's parents or relatives must be arranged through the child-placing agency; (6) the child-placing agency's responsibility for regular supervision of the foster home; (7) the agency's policies in regard to child care, discipline, and supervision of children and children's visits or trips away from the foster home; and (8) the agency's policies in regard to reports to the agency from the foster parents regarding foster children and other events or occurrences impacting the provision of foster care. sec.720.51. Foster Home Management. (a) The child-placing agency must evaluate all minimum standards for each agency home at least every two years and whenever a change is made that affects the conditions of the verification certificate. The re-evaluation study must document that appropriate minimum standards are met. (b) Supervisory visits must be made at least quarterly to each agency home in which children are placed. These visits must be documented in the foster home record. Documentation must include notes on standards evaluated for compliance, any noncompliance found, and plans for correction. The child- placing agency must follow-up on any noncompliance and document that correc- tions have been made. Supervisory visits are not required for homes in which no children are being cared for. Such homes must be re-evaluated before additional placements are made. (c) All verifications and revocations must be reported to the Texas Department of Protective and Regulatory Services (PRS's) licensing division on the forms supplied. sec.720.53. Adoption Service Plan. (a) A service plan must be developed for each child or sibling group (if siblings will be placed for adoption into the same home). For children with a foster care service plan prior to preparation for adoption, the adoption service plan may be a continuation of the foster care service plan. (b) The adoption service plan must consider the needs of the birth-family (unless parental rights have been terminated) and the prospective or identified adoptive family as well as the child or sibling group. (c) The adoption service plan must address the needs relating to the adoption process for the birth-family, the adoptive family, and the child or sibling group. (d) The adoption service plan must include specific strategies to meet the needs identified and include an estimate of the time required to consummate the adoption. (e) The agency must develop a policy for reviewing plans of service appropriate to the needs of the children served. The policy must be reviewed and approved by the licensing division. sec.720.54. Birth-parent Preparation. This section is not applicable to birth-parents whose parental rights have been terminated. (1) Agency staff must have at least two face-to-face contacts with both birth- parents prior to placement or must document in the adoption record diligent efforts to accomplish this and the reasons why the contacts could not be made. (2) Prior to establishing any formal relationship, the agency must provide written information to the birth-parents regarding: (A) alternatives and options to adoption for the birth-parent and child; (B) the services the child-placing agency provides, including counseling and post adoption services; (C) adoption registries; (D) legal rights and responsibilities of the birth-parents in regard to: (i) relinquishment of parental rights; (ii) waivers of interest; (iii) affidavit of status; (iv) termination of parental rights; and (v) designating the father of a child as "unknown"; and (E) any assistance available through the agency to meet housing, medical and prenatal care, and other needs. (3) Birth-parents must not be pressured to make a decision about placing their child. sec.720.55. Adoptive Child Preparation. (a) For children six months of age and older, agency staff must make a minimum of three face-to-face contacts with the child being prepared for adoption. For infants ages 0 to six months, one face-to-face contact is required. Contacts must be documented in the adoption record. (b) The agency must obtain professional assessments of the physical, mental, and emotional status of a child being considered for adoption and a developmental assessment. These assessments must be current at the time of placement, within 30 days for children ages 0 to 18 months, within three months for children ages 18 months to five years, and within six months for children ages five years and older. The child-placing agency must provide any recommended testing for the child being considered for adoption. The assess- ments and results must be documented in the adoption record. (c) The agency must provide counseling to children two years of age and older being considered for adoption. Counseling must include exploration of the child's understanding of what is taking place and the child's feelings about adoption and separation and loss issues related to the birth-family. (d) The agency must refer any child who has a disability or who, because of developmental delays or history, may have a disability, to the Social Security Administration to determine eligibility for Supplemental Security Income. sec.720.56. Adoptive Applicant Preparation. (a) The adoptive preparation process must include at least the follow- ing documented contacts: (1) at least one individual interview with each applicant; (2) at least one additional interview with the adoptive applicants, either jointly or as a family group; (3) at least one interview with each child and any other person living full or part-time with the family; (4) at least one visit to the home when all members of the household are present; and (5) at least one contact, by telephone, in person, or by letter, with each adult child of the adoptive applicants no longer living in the home. (b) Prior to establishing any formal relationship, the child-placing agency must provide written information to adoptive applicants regarding: (1) the services the child-placing agency provides, including counseling and post-adoptive services; (2) fee policies and payment procedures; (3) child-placing agency requirements and procedures; (4) legal requirements for adoption including the right to have independent legal counsel for legal consummation; and (5) adoption registries. sec.720.58. Pre-Placement Requirements. (a) The child-placing agency must maintain at least quarterly contact with birth-parents prior to placement unless parental rights have been terminated. During this contact, the child-placing agency staff must discuss with 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. (b) If applicable, the child-placing agency must maintain at least quarterly contact with the child being considered for adoptive placement. Child-placing agency staff must: (1) continue preparation for adoption; and (2) update adoptive preparation information. (c) The child-placing agency must maintain at least quarterly contact with the adoptive applicants prior to placement. During this contact, the child-placing agency staff must provide education and training in regard to: (1) bonding with adoptive children; (2) parenting issues and concerns; and (3) special needs children, if appropriate. (d) If a child has not been placed with the adoptive applicants within six months of the time the adoptive home study is completed, the adoptive home study must be brought up-to-date within the 30 day period before a child is placed in the home. The written update must include: (1) documentation of at least one additional visit to the home when all household members are present; and (2) review and any required updating of each category of information in the adoptive home study. sec.720.59. Adoptive Placement Requirements. (a) Except in the case of children one month old and younger, a child must have at least one visit with the adoptive family prior to placement. (b) Before placing the child into a home, the child-placing agency must have a written agreement with the adoptive parent(s). A signed copy of this agreement must be given to the adoptive parent(s) and a copy must be placed in the case record. The agreement must specify the following: (1) that the adoptive parent(s)and the child-placing agency agree to complete the adoption at a specified time; (2) that the adoptive parent(s) agree to participate in supervision by the child-placing agency during the time prior to the completion of the adoption; (3) that the adoptive parent(s) must notify the child-placing agency before removing the child from Texas prior to the completion of the adoption; (4) that the adoptive parent(s) and the child-placing agency agree that the child can be removed and returned to the child-placing agency at the discretion of either the adoptive parents or the child-placing agency before the adoption is completed; and (5) any fees and schedule of payment. (c) Written consent for medical care of the child must be given to the adoptive parent(s) at the time of the child's placement in the home. A copy of the signed medical consent form must be filed in the child's record or in the adoptive home record. (d) Before placing a child into a home, the child-placing agency must discuss with the adoptive parent(s) information about the child and his or her birth- parents. Written information must also be given to the adoptive parent(s) prior to or at the time of placement and must include all available information on the child and his family (excluding identifying information if appropriate). (e) Before placing a child into a home, the child-placing agency must discuss basic care and safety issues with the adoptive parents and ensure that the home provides an environment safe for the child or children to be placed. This must include firearm safety issues, water safety, and basic home health and fire safety issues. (f) Before placing a child into a home, the child-placing agency must give prospective adoptive parents information about the Texas Department of Protective and Regulatory Services adoption assistance programs, including the non-recurring adoption expenses program. (g) By the time of placement the adoptive parents must be given the following: (1) written authorization to care for the child(ren); and (2) written information if the child is not completely free for adoption at the time of placement. sec.720.61. Post-Adoption Services. (a) The child-placing agency must offer counseling services to the adoptive family, the birth-parents, and the adoptive child. These services may be provided through referrals outside the child-placing agency. (b) The agency must make diligent efforts to inform birth-parents, in writing, about developing genetic conditions, and terminal illness or death of their child when this information comes to the attention of the child-placing agency. (c) The agency must make diligent efforts to inform adoptive parents or the adult adoptee, in writing, about developing genetic conditions, terminal illness, or death of a birth-parent when this information comes to the attention of the child-placing agency. (d) Upon request, the child-placing agency must provide the adoptive child and/or the birth-parent(s) with a de-identified copy of the adoption record. The record must include the county and court of jurisdiction for the adoption. If a child is less than 18 years of age, the request for the information must come from or include the written consent of the child's adoptive parents or managing conservator. sec.720.62. Subsequent Adoptions. Before another placement is made into an adoptive home, the adoptive home study must be brought up-to-date. The adoptive home study for a subsequent placement must be in writing and must include: (1) at least one individual interview with each applicant; (2) at least one visit to the home when all members of the household are present; (3) observation of the adjustment of the children in the family and how the children feel about the addition of another child; and (4) updates on all areas addressed in the original adoptive home study. sec.720.65. Adoption: Allowable Expenditures on Behalf of birth-parents. (a) If any cost appears to be greater than the ordinary or usual costs in the community, the child-placing agency must show that the expenditure was fit and appropriate. The agency must demonstrate that all expenses are necessary, that the birth-parent(s) do not have resources to meet these needs. An agency may meet expenses after the birth of the child only for the period of time that the birth mother is incapacitated due to childbirth. Agencies must obtain an individual variance to meet any expenses for the birth-parent beyond six weeks postpartum. (b) The agency may pay the following: (1) reasonable costs for legal services related to the adoption; (2) reasonable costs for medical services related to pregnancy, birth, and postnatal care for the birth mother and medical care for the child; (3) reasonable costs for emergency health-related services for the birth- mother needed to protect the health and well-being of the fetus; (4) reasonable costs for housing, including utilities and basic tele- phone service; (5) reasonable costs for necessary transportation. The agency may pay for gas or public transportation related to necessary travel; (6) reasonable costs for the purchase of food, necessary household supplies, and personal hygiene/grooming products; (7) reasonable costs for clothing for the birth mother; (8) reasonable costs for necessary mental health services for the birth mother during the pregnancy. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 26, 1993. TRD-9327889 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Protective and Regulatory Services Effective date: March 1, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 450-3765