Section 749.3395 - What information must I provide the adoptive parents prior to or at the time of adoptive placement?(a) The agency must discuss information about the child and his birth parents with the prospective adoptive parents.(b) According to the Texas Family Code § 162.0062, you must inform the prospective adoptive parents of their right to examine the records and other information relating to the history of the child, including the Health, Social, Educational, and Genetic History (HSEGH) report and the child's health history within the HSEGH, if you are required to do a HSEGH for the adoption.(c) Any records or other information examined by the prospective adoptive parents or any written information provided to the prospective adoptive parents must be edited to protect any confidential information.(d) You must also provide the prospective adoptive parents with: (1) Research, which may be suggested reading materials and/or websites, on how any known health issue that the child has and/or any trauma the child has experienced (i.e. abuse or neglect) may impact child development and the family's ability to maintain permanency;(2) Information about the Department of Family and Protective Services (DFPS) adoption assistance programs, if the family may be eligible for such assistance;(3) Information about community services and other resources available to support a parent who adopts a child, including community services and other resources for a child who has suicidal thoughts or attempts suicide; and(4) The options available to the adoptive parent if the parent is unable to care for the adopted child, including working with the parent's post adopt provider about the possibility of post adoption substitute care services or working with the child placing agency that placed the child for adoption regarding any additional services. You should also inform the adoptive parents that the Texas Family Code, § 162.026 makes it illegal to informally transfer the custody of an adopted child to a person, unless the person is a relative or stepparent of the child or an adult who has a significant long-standing relationship with the child, or the transfer of custody is a formal transfer of custody of the child through a court.26 Tex. Admin. Code § 749.3395
The provisions of this §749.3395 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; Amended by Texas Register, Volume 43, Number 26, June 29, 2018, TexReg 4464, eff. 7/29/2018; Amended by Texas Register, Volume 47, Number 16, April 22, 2022, TexReg 2291, eff. 4/25/2022; Amended by Texas Register, Volume 47, Number 36, September 9, 2022, TexReg 5496, eff. 9/19/2022