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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 48COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER KMINIMUM STANDARDS FOR ADULT FOSTER CARE
RULE §48.8906Enrollment and Licensure Requirements

(a) To receive payment from the Texas Department of Human Services (DHS), all adult foster care homes and providers must:

  (1) meet all of the minimum standards and provide care for no more than four adults unrelated to the provider, whether DHS residents or private pay residents, unless the home meets the requirements in subsection (b) of this section. The home census may not exceed the capacity for which the home is enrolled or licensed;

  (2) serve only those foster care and private pay residents approved by DHS to ensure that the provider can meet the needs of all residents;

  (3) not provide room and board to any individuals who are under 18 years of age and who are not related to the provider;

  (4) comply with all applicable fire, health, and safety laws, ordinances, and regulations;

  (5) obtain the necessary fire safety and health inspections and comply with any resulting requirements;

  (6) be inspected at least annually by fire safety authorities and meet or exceed the regulations. The provider must correct any hazardous conditions identified in the inspection within the time specified by the inspector, or before DHS's enrollment/reassessment of the home, whichever is earlier;

  (7) be inspected at least annually by health authorities and meet or exceed the regulations. If local health authorities are unable to inspect the home, adult foster care staff may conduct the inspection using the health inspection checklist. The provider must correct any unsanitary and unsafe conditions identified by the inspection within the time specified by the inspector, or before DHS's enrollment/reassessment of the home, whichever is earlier;

  (8) demonstrate the ability to evacuate all residents from the home within three minutes;

  (9) interview a prospective resident before or at the time of admission to determine the needs of the prospective resident and whether the home can meet these needs;

  (10) orient any new resident, within 72 hours of arrival, on fire safety, how to respond to a fire alarm, and how to exit from the home in an emergency; and

  (11) except in the case of emergency evacuations, notify DHS of a change of residence before the change. The new home must meet all adult foster care requirements and be enrolled in the adult foster care program before payments can be made. Enrollment is not retroactive.

(b) Four-bed adult foster care homes must be licensed by the State of Texas licensing authority as a Type C personal care home.

(c) Adult foster care homes serving five, six, seven, or eight residents must also:

  (1) be licensed by the State of Texas licensing authority as a Type A-Class I personal care home. These homes are licensed for eight or fewer adult residents exclusive of "live-in" houseparents, family, or staff. These homes must meet all DHS enrollment requirements. Home census may not exceed the capacity for which the home is enrolled/licensed. If there is conflict between the DHS standards and the licensing requirements, the strictest standards and/or rules shall apply;

  (2) ensure the presence of an additional member of the staff who has been approved by the adult foster care caseworker at least two hours a day for homes serving five residents, and four hours a day for homes serving six residents, including private pay residents;

  (3) ensure the presence of an additional member of the staff who has been approved by the caseworker at least six hours a day for homes serving seven residents, and eight hours a day for homes serving eight residents, including private pay residents;

  (4) ensure that additional qualified staff are on-site for the specified number of hours, during the hours from 6 a.m. until 8 p.m. The provider must have records to document that qualified staff were serving residents for the required number of hours each day;

  (5) provide a copy of the personal care license to adult foster care staff before enrollment for over four residents and upon renewal thereafter; and

  (6) report to adult foster care staff any problems identified by the state licensing authority.


Source Note: The provisions of this §48.8906 adopted to be effective January 1, 1994, 18 TexReg 8232; amended to be effective November 1, 1996, 21 TexReg 10310.

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