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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745LICENSING
SUBCHAPTER JWAIVERS AND VARIANCES FOR MINIMUM STANDARDS
RULE §745.8315What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?

When the request is associated with a foster home, we will consider:

  (1) The compliance history of the foster home.

  (2) If the request is to increase the maximum number of foster children a foster home may care for, whether you may use the exception criteria under §749.2551(b) of this title (relating to What is the maximum number of children a foster family home may care for?); and

  (3) Any limitations in state or federal law, including that:

    (A) We only may issue a waiver if the home is a kinship foster home;

    (B) We may not approve a request that would result in a foster home's total capacity exceeding eight foster children; and

    (C) We may not approve a request that would result in a foster home's foster care capacity exceeding six foster children unless:

      (i) You are requesting a variance for a reason in §749.2551(b)(1) of this title; and

      (ii) You are not able to use the exception criteria under §749.2551(b) of this title to increase the foster home's foster care capacity.


Source Note: The provisions of this §745.8315 adopted to be effective October 16, 2023, 48 TexReg 5739

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