Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 745 - LICENSING
Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS
Section 745.8315 - What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?
Universal Citation: 26 TX Admin Code § 745.8315
Current through Reg. 50, No. 13; March 28, 2025
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.
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