The Texas Department of Protective and Regulatory Services' (TDPRS') policies for responding to inquiries and screening and approval of foster and adoptive homes are as follows:

1. (1) Responding to inquiries. TDPRS receives inquiries as a result of recruitment efforts by staff, volunteers, foster and adoptive parents, foster and adoptive parent associations, and other organizations that work with TDPRS. When inquiries are received, staff should provide a written response within 10 working days to provide families information about the process of becoming a foster or adoptive parent with TDPRS.

2. (2) Screening and approval of foster and adoptive homes.

   1. (A) Age. All applicants must be at least 21 years of age or older. Age is evaluated in relation to life expectancy and maturity. The applicants' life expectancy must be long enough for the applicants to be able to raise the child to adulthood. Applicants who are nearing retirement age usually are only considered and approved for adolescent children.
   2. (B) Marriage. If married, both spouses must apply and their license or declaration of marriage must be recorded. If separated and not divorced, adoptive applicants must finalize the divorce prior to being approved as an adoptive parent.
   3. (C) Length of marriage. Couples must be married at least two years before TDPRS accepts an adoption application, unless the following exception is made. Exception: If the couple cohabitated for two years prior to the marriage or obtained a civil registration of common law marriage for the length of time required, the worker should assess the impact of the marriage on the stability of the couple's relationship to determine the appropriateness of making an exception.
   4. (D) Single parents. Single parents are evaluated in terms of their ability to nurture and provide for a child without the assistance of a spouse. Placement with a single parent is considered the best plan for some children.
   5. (E) Disabilities. Disabilities are evaluated in relation to the applicants' adjustment to the disability and the limits, if any, the disability imposes on the applicants' ability to care for a child.
   6. (F) Residence. Adoptive home studies are started only if the applicants will live in the community long enough for PRS to complete a study and make a placement. Exceptions are made in unusual situations which involve a child with special needs if another licensed child placing agency in the new community agrees to complete the adoption services.
   7. (G) Adoption by foster families. Foster families are evaluated using the same criteria applied to any other adoptive applicants. The home study must be updated to meet the minimum standards for adoptive homes. The evaluation focuses on the family's demonstrated skill and ability to parent the children TDPRS has placed in the family's care and determines the attachment the family and the child have to each other.

   8. (H) Family's ability to help the child. Applicants are evaluated based on their ability to:

      1. (i) help the child:

         1. (I) develop a sense of identity consistent with the child's racial, cultural, and ethnic background; and
         2. (II) learn to cope with difficulties that may arise from racial, cultural, or ethnic differences, both within and outside the adoptive family; and
      2. (ii) develop a plan for helping the child manage the issues described above as the child reaches developmental milestones.
   9. (I) Finances. Although there are no specific income requirements, the applicants must have enough income, and be able to manage it well enough, to meet the child's basic material needs. Income is also evaluated in terms of past and present management.
   10. (J) Health. The applicants' physical and mental health must be sufficient to assume parenting responsibilities. Physical and mental conditions are considered to protect the child against another loss of parenting through death, incapacity, or repetition of abuse or neglect.

   11. (K) Religion. There are no specific religious requirements. Applicants are evaluated based on:

       1. (i) Their willingness to respect and encourage a child's religious affiliation.
       2. (ii) Their willingness to provide a child opportunity for religious, spiritual, and ethical development.
       3. (iii) The health protection they plan to give a child if their religious beliefs prohibit certain medical treatment.

   12. (L) Discipline. Physical discipline may not be used on a child in any TDPRS foster or adoptive home prior to consummation. TDPRS evaluates applicants based on their willingness and ability to:

       1. (i) recognize and respect differences in children, especially children who have been abused or neglected;
       2. (ii) employ methods of discipline that suit the particular needs and circumstances of each child; and
       3. (iii) employ methods of discipline that conform to the policies specified in §700.1340(c) of this title (relating to Special Issues).

   13. (M) Criminal history.

       1. (i) Criminal history checks are required for all persons 18 years old and older who live in the applicant's home. A criminal history check must be completed for persons who have child care responsibilities for the children in the managing conservatorship of TDPRS. Criminal history is evaluated in terms of the potential danger it presents to placement, rearing, and protection of children. Persons who have been convicted of offenses against the person, offenses against the family, public indecency, or a felony violation of the Texas Controlled Substances Act must submit proof of rehabilitation to TDPRS for their application to be considered further.
       2. (ii) TDPRS staff may provide a copy of the criminal records check received from the Texas Department of Public Safety or local law enforcement to the court when the court will accept the material in lieu of ordering adoptive parents to provide their own criminal records check to the court.
       3. (iii) Criminal history checks for foster parents are required to be updated every two years to determine if a criminal action has occurred since the subsequent information was obtained from the Texas Department of Public Safety or local law enforcement.
       4. (iv) Criminal history checks for adoptive parents must have been completed within one year of the time the court orders a criminal history based on a petition filed for adoption. If the criminal history is not within one year, a new criminal history is required.
   14. (N) Adoptive home studies--fertility. Fertility assessments are required only if TDPRS believes the couple needs to know more about their fertility before they adopt a child. The couple's fertility is important only in relation to resolution of their feelings about their infertility and their ability to accept and parent a child not born to them.

Source Note:The provisions of this §700.1502 adopted to be effective October 31, 1984, 9 TexReg 5431; amended to be effective February 28, 1986, 11 TexReg 857; amended to be effective September 23, 1986, 11 TexReg 3900; amended to be effective August 15, 1990, 15 TexReg 4031; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective January 1, 1994, 18 TexReg 8975; amended to be effective September 1, 1994, 19 TexReg 5967; amended to be effective August 1, 1996, 21 TexReg 3213; amended to be effective June 15, 1997, 22 TexReg 4641; amended to be effective January 1, 1998, 22 TexReg 12547.