| (a) Definition. A family residential center is one
that meets all of the following requirements:
(1) The center is operated by or under a contract with
United States Immigration and Customs Enforcement;
(2) The center is operated to enforce federal immigration
laws;
(3) Each child at the center is detained with a parent
or other adult family member, who remains with the child at the center;
and
(4) A parent or family member with a child provides
the direct care for the child except for specific circumstances when
the child is cared for directly by the center or another adult in
the custody of the center.
(b) Classification. A family residential center is
a general residential operation (GRO) and must comply with all associated
requirements for GROs, unless the family residential center is approved
for an individual waiver or variance or an exception is provided in
this section. The department is responsible for regulating the provision
of childcare as authorized by Chapters 40 and 42, Texas Human Resources
Code and Chapter 261, Texas Human Resources Code. The department does
not oversee requirements that pertain to other law, including whether
the facilities are classified as secure or in compliance with any
operable settlement agreements or other state or federal restrictions.
(c) Exceptions. A family residential center is not
required to comply with all terms of the following Minimum Standards:
(1) the limitation of room occupants to four in §748.3357
of this title (relating to What are the requirements for floor space
in a bedroom used by a child?), except that nothing in this exception
shall be construed to require fewer than 60 square feet per child;
(2) the limitation on a child sharing a bedroom with
an adult in §748.3361 of this title (relating to May a child
in care share a bedroom with an adult?), if the bedroom is being shared
in order to allow a child to remain with the child's parent or other
family member; and
(3) the limitations on children of the opposite gender
sharing a room in §748.3363 of this title (relating to May children
of opposite genders share a bedroom?), except that nothing in this
exception shall be construed to permit children from different families
who are over the age of six and members of the opposite gender to
share a bedroom.
(d) Limitation of exception. Notwithstanding subsection
(c) of this section, and as further described in §745.8313 of
this title (relating to Is a waiver or variance unconditional?), the
department retains the authority for placing conditions on the scope
of the exceptions authorized for a family residential center, including
conditions related to limiting occupancy in accordance with fire safety
standards, limitations related to allowing children and adults of
the opposite gender to occupy the same room only if they are part
of the same family, and any other limitation determined by the department
to be necessary to the health, safety, or welfare of children in care.
(e) Division of responsibility. In addition to the
application materials described in §745.243(6) of this title
(relating to What does a completed application for a permit include?),
an applicant for a license under this section must submit the policies,
procedures, and any other documentation that the department deems
necessary to clarify the division of supervisory and caretaking responsibility
between employees of the facility and the parents and other adult
family members who are housed with the children. The department must
approve the documentation during the application process and any subsequent
amendments to the policies and procedures.
(f) Applicability. This rule is applicable only to
the extent that a GRO may provide care to children who are unlawfully
present in the United States and in the custody of the federal government.
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| Source Note: The provisions of this §748.7 adopted to be effective March 1, 2016, 41 TexReg 1493; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective July 8, 2022, 47 TexReg 4337 |
