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Texas Register

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES
CHAPTER 745	LICENSING
SUBCHAPTER J	WAIVERS AND VARIANCES FOR MINIMUM STANDARDS
RULE §745.8315	What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?
ISSUE	09/29/2023
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on September 18, 2023

TRD-202303458

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 16, 2023

Proposal publication date: May 26, 2023

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

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