Texas Register
TITLE 26 HEALTH 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?
ISSUE 05/26/2023
ACTION Proposed
Preamble Texas Admin Code Rule
(a)If the request is associated with a foster home, we will consider the compliance history of the foster home.

 (b)When processing a request for a waiver or variance related to a foster home, we will consider any limitations in state or federal law, including only granting:

  (1)A waiver for a kinship foster home; and

   (2)A variance if the request is to increase the maximum number of foster children a foster home may care for under §749.2551 of this title (relating to What is the maximum number of children a foster family home may care for?), and:

    (A)The foster home does not meet the exception criteria under §749.2551(b) of this title; or

     (B)Granting the variance would not result in the home's:

      (i)Foster care capacity exceeding six foster children, unless the foster home meets one of the requirements in paragraph §749.2551(b)(1) of this title; or

       (ii)Total capacity exceeding eight children.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 11, 2023

TRD-202301727

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: June 25, 2023

For further information, please call: (512) 438-3269

 

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