(a) You must request and assess the following background information from any child-placing agency that previously conducted a foster home screening, pre-adoptive home screening, or post placement adoptive report:
  (1) The screening, report, and related documentation;
  (2) The most current fire and health inspections; and
  (3) For previous foster homes:
    (A) Documentation of supervisory visits and evaluations for the past year;
    (B) Any record of deficiencies and their resolutions for the past year;
    (C) The transfer/closing summary;
    (D) Copies of any current or previous annual development plans for the past two years, if applicable; and
    (E) Copies of any current or previous corrective action plans for the past two years, if applicable.
(b) You must address why a home was previously closed or any identified risk indicators, as applicable, with the adoptive parents before recommending approval of the adoptive home if the background information indicates that:
  (1) The adoptive home, prior to consummation, or the foster home was previously closed by a child-placing agency; or
  (2) There was one or more potential risk indicators that the child-placing agency did not adequately address with the foster or adoptive parents.
(c) You must use the information to assess the family's ability to work with the child's specific behaviors and background.
(d) If you are unable to obtain any of the information in subsection (a) of this section, you must document your diligent efforts to obtain this information, including:
  (1) Whether the adoptive parents were willing to sign a release for the information; and if the adoptive parents would not sign a release, an explanation of why the adoptive parents would not sign a release; and
  (2) How you tried to contact the child-placing agency (CPA); the name of each person at the CPA you attempted to contact in order to obtain the information; each phone number, address, e-mail address, or other method used for contacting the CPA or a person at the CPA; the times and dates you attempted to contact the CPA; any response you got from the CPA; and your reason(s) for concluding you would not be able to obtain this information from the CPA.

Source Note: The provisions of this §735.315 adopted to be effective March 1, 2016, 41 TexReg 1489; transferred effective May 1, 2018, as published in the Texas Register April 13, 2018, 43 TexReg 2289