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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 749MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER OFOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT
DIVISION 3WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES
RULE §749.2961Are weapons, firearms, explosive materials, and projectiles permitted in a foster home?

(a) Generally, weapons, firearms, explosive materials, and projectiles (such as darts or arrows), are permitted, however, there are some specific restrictions:

  (1) If you allow weapons, firearms, explosive materials, projectiles, or toys that explode or shoot, you must develop and enforce a policy identifying specific precautions to ensure that a child does not have unsupervised access to them, including:

    (A) Weapons and the ammunition must be kept in locked storage;

    (B) The locked storage must be made of strong, unbreakable material, except that the storage may have a glass or another breakable front or enclosure;

    (C) Any gun placed in a locked storage that has a glass or another breakable front or enclosure must be secured with a locked cable or chain placed through the trigger guard; and

    (D) Weapons and ammunition must be separately stored and locked unless:

      (i) A person cannot obtain access to both the weapon and ammunition by using the same key or combination; or

      (ii) Each firearm is stored with a trigger locking device attached to the firearm.

  (2) You must determine that it is appropriate for a specific child to use the weapons, firearms, explosive materials, projectiles, or toys that explode or shoot; and

  (3) No child may use a weapon, firearm, explosive material, projectile, or toy that explodes or shoots, unless the child is directly supervised by an adult knowledgeable about the use of the weapon, firearm, explosive material, projectile, or toy that explodes or shoots that is to be used by the child.

(b) Your policies must require foster parents to notify you if there is a change in the type of or an addition to weapons, firearms, explosive materials, projectiles, or toys that explode or shoot that are on the property where the foster home is located.

(c) Firearms that are inoperable and solely ornamental are exempt from the storage requirements in this rule.


Source Note: The provisions of this §749.2961 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective March 1, 2008, 33 TexReg 1377; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective June 27, 2021, 46 TexReg 3525

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