(a) You may verify only one spouse if:
  (1) The spouse whom you verify will be the only one involved in the care of any foster child in the home;
  (2) The spouses have been living apart for at least two years; and
  (3) After interviewing the spouse living outside of the foster home as part of the screening process, you determine that the spouse will not:
    (A) Have unsupervised access to foster children, as "unsupervised access" is defined in §745.601 of this title (relating to What words must I know to understand this subchapter); or
    (B) Regularly or frequently be present at the foster home, as defined in §745.601 of this title.
(b) If the requirements in subsection (a) of this section are not met, you must verify both spouses to provide foster care.
(c) If at any time the requirements in subsection (a) of this section are no longer being met, the change in circumstances:
  (1) Is considered a "major life change in the foster family";
  (2) Requires an update to the foster home screening, as required by §749.2453 of this chapter (relating to When must I update the foster home screening?); and
  (3) Requires closure of the foster home or adding the spouse to the verification certificate.

Source Note: The provisions of this §749.2401 adopted to be effective June 27, 2021, 46 TexReg 3525