When the request is associated with a foster home, we will consider:
  (1) The compliance history of the foster home.
  (2) If the request is to increase the maximum number of foster children a foster home may care for, whether you may use the exception criteria under §749.2551(b) of this title (relating to What is the maximum number of children a foster family home may care for?); and
  (3) Any limitations in state or federal law, including that:
    (A) We only may issue a waiver if the home is a kinship foster home;
    (B) We may not approve a request that would result in a foster home's total capacity exceeding eight foster children; and
    (C) We may not approve a request that would result in a foster home's foster care capacity exceeding six foster children unless:
      (i) You are requesting a variance for a reason in §749.2551(b)(1) of this title; and
      (ii) You are not able to use the exception criteria under §749.2551(b) of this title to increase the foster home's foster care capacity.

Source Note: The provisions of this §745.8315 adopted to be effective October 16, 2023, 48 TexReg 5739