Section 745.8315 - What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?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.26 Tex. Admin. Code § 745.8315
The provisions of this §745.8315 adopted to be effective March 1, 2002, 27 TexReg 965; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; Adopted by Texas Register, Volume 48, Number 39, September 29, 2023, TexReg 5739, eff. 10/16/2023