TITLE 40. SOCIAL SERVICES AND ASSISTANCE

DIVISION 1. GENERAL

40 TAC §700.1335

The Department of Family and Protective Services (DFPS) proposes to amend rules in Title 40, Texas Administrative Code (TAC), Chapter 700, Subchapter M, relating to the Treatment Foster Family Care (TFFC) Program.

BACKGROUND AND PURPOSE

The Treatment Foster Family Care (TFFC) program is a placement option for children with mental and/or social behavioral needs that cannot be met in traditional foster care settings. TFFC is designed to provide innovative, multi-disciplinary treatment services to children in a highly structured family home environment and is a cost-effective alternative to congregate residential treatment. To qualify, a child must be 17 years old or younger and: (1) placed in or recommended to be placed into an RTC, or (2) placed in or at risk of being placed in a psychiatric hospitalization due to a history of a diagnosed emotional disorder. Caregivers are highly trained to meet the specific needs of the child population and abide by requirements set out in contract. A child's TFFC placement cannot exceed nine-months, except for one three-month extension.

Due to the complex mental and/or socio-behavioral needs of children served in the TFFC program, current TAC Section 700.1335(c)(2) limits a foster home's capacity to no more than two foster children at one time. At the time the rule was promulgated, DFPS believed that this was all a TFFC family could handle. However, DFPS now believes there are limited circumstances where children would benefit from being in a TFFC home with more than two foster children. Those circumstances include:

- Respite care and babysitting for other TFFC foster parent(s);

- Keeping siblings together; and

- Placement into kinship TFFC homes.

SECTION-BY-SECTION SUMMARY

The proposed amendment of §700.1335 adds an exception allowing a TFFC home to have more than two foster care children in their home at once if they are providing respite care and babysitting services to the additional children. The amendment also creates a waiver process to keep families together by allowing more than two foster care children in a home if the home is a placement to keep siblings together, the placement is a kinship home, or that DFPS determines an exception is needed to maintain quality of care to the children.

FISCAL NOTE

Lea Ann Biggar, Chief Financial Officer, has determined that for each year of the first five years that the section(s) will be in effect, there will not be any fiscal implications to state government as a result of enforcing and administering the section(s) as amended. There will be no effect on local government.

GOVERNMENT GROWTH IMPACT STATEMENT

DFPS has determined that during the first five years that the section(s) will be in effect:

(1) the amended rule will not create or eliminate a government program;

(2) implementation of the amended rule will not affect the number of employee positions;

(3) implementation of the amended rule will not require an increase in future legislative appropriations;

(4) the amended rule will not affect fees paid to the agency;

(5) the amended rule will not create a new rule;

(6) the amended rule will expand, limit, or repeal an existing rule

(7) the amended rule will increase the number of individuals subject to the rule; and

(8) the amended rule will affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Biggar has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule does not apply to small or micro-businesses, or rural communities.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated economic costs to persons who are required to comply with the section(s) as proposed.

COSTS TO REGULATED PERSONS

Texas Government Code, §2001.0045 does not apply to these rule amendments because DFPS is exempt per subsection (c) of §2001.0045.

PUBLIC BENEFIT

Vicki Kozikoujekian, DFPS General Counsel, has determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section. The public benefit anticipated as a result of enforcing or administering the section will be increased family preservation through the expanding of children allowed in a Treatment Family Foster Home if the foster children are siblings or the home is a kinship foster home, and increased quality of care for Treatment Family Foster homes as the availability of respite and babysitting is expanded.

TAKINGS IMPACT ASSESSMENT

DFPS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

DFPS invites comments on the amended rule proposals. DFPS requests information related to the cost, benefit, or effect of the proposed new, amended, and repealed rules, including any applicable data, research, or analysis. To be considered, comments, questions, and information must be submitted no later than 30 days after the date of this issue to the Texas Register.

Electronic comments and questions may be submitted to Lauren Villa, Policy Attorney at lauren.villa@dfps.texas.gov or RULES@dfps.texas.gov. Hard copy comments may be submitted to the DFPS Rules Coordinator, Legal Services Sanjuanita Maltos, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030.

STATUTORY AUTHORITY

The rule was implemented to comply with the General Appropriations Act, S.B.1, 85th Legislature, Regular Session, 2017 which required HHSC to set rates for the new TFFC program that DFPS administers.

The rule changes are proposed under Human Resources Code Section 40.027, which provides that the DFPS Commissioner shall oversee the development of rules relating to matters within the department's jurisdiction and adopt rules for the operation and provision of services by the department.

CROSS REFERENCE TO STATUTES

The proposed rule implements Texas Family Code Section 264.1073 (Treatment Foster Care).

§700.1335. What is the Treatment Foster Family Care Program?

(a) Treatment Foster Family Care is a program designed to provide innovative, multidisciplinary treatment services to a child or youth in a highly-structured family home environment.

(b) Caregivers who participate in the Treatment Foster Family Care Program have specialized training in providing services to children with mental health and/or socio-behavioral needs that cannot be met in traditional foster care settings, including:

(1) 24-hour supervision to ensure the child's safety and sense of security, which includes frequent one-to-one monitoring with the ability to provide immediate on site response;

(2) individualized, strengths-based therapeutic services and case management;

(3) time-limited services which include wrap-around services designed to transition children to a permanent and stable placement; and

(4) other training specified in the contract.

(c) A Treatment Foster Family Care home includes:

(1) one or two foster parents who are highly-trained to meet the specific needs of this child population. Single parents can participate as long as quality care can be assured;

(2) a limitation of no more than two foster children at one time, except when temporarily providing respite or babysitting for another Treatment Foster Family Care home as the terms babysitting and respite are defined and limited under 26 TAC Chapter 749; and

(3) other characteristics and limitations specified in the contract.

(d) Child placing agencies providing Treatment Foster Family Care Services must:

(1) have a 24 hour on-call crisis person available to provide in-home crisis intervention and placement stabilization services, available to the child and family;

(2) a formal respite system, both routine and available upon request, when determined appropriate;

(3) a standardized case load to support this population of children; and

(4) other requirements specified in the contract

(e) The Department of Family and Protective Services in its discretion, based on the best interest of the child, may waive the limitation on the number of foster children as described in subsection (c)(2) of this section when one of the following conditions applies:

(1) placement is necessary to keep siblings together;

(2) placement is into a verified kinship Treatment Foster Family Care home; or

(3) the Department of Family and Protective Services determines that an exception is needed to address other child specific needs to maintain quality of care.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 3, 2026.

TRD-202601471

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: May 17, 2026

For further information, please call: (512) 945-5978

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