(a) DFPS seeks to place children with serious and complex medical needs in a family setting or other setting that is less restrictive than a nursing home when DFPS determines that the child's needs can be met in such less restrictive setting.
(b) DFPS may place a child in a nursing home only when:
  (1) the child's health needs cannot be met in a foster home, even with intensive support services;
  (2) the child requires 24-hour nursing supervision and frequent medical intervention to sustain life;
  (3) the child's physician recommends nursing home placement as the most appropriate setting to meet the child's medical needs; and
  (4) all of the Department of Aging and Disability Services requirements for placing a child in a nursing home are met.
(c) Unless ordered by a court, a child under the age of 18 years may not be placed in a nursing home unless the placement has been approved by the Assistant Commissioner for Child Protective Services or that person's designee.
(d) When a child is placed in a nursing home, DFPS must review the child's placement at least every six months and continue to seek a placement for the child in a less restrictive, more family-like setting.

Source Note: The provisions of this §700.1315 adopted to be effective August 1, 2012, 37 TexReg 5632