A foster family home may provide day care in addition to foster care under the following conditions:
  (1) The number and ages of children in both types of care must meet all relevant laws and rules, including the requirements listed in §745.375 of this title (relating to May I offer child day care at my agency foster home or independent foster home?);
  (2) The caregivers can supervise all children appropriately, meet all children's needs, and protect all children in both foster and day care;
  (3) There is adequate space and there are adequate staff or caregivers to meet all applicable rules;
  (4) The child-placing agency completes a written assessment, signed by child placement management staff, of the:
    (A) Needs of the children in foster care and how the needs of the children in day care may impact the foster children; and
    (B) Basis for determining no conflict of care exists in providing the two types of care; and
  (5) Both the Residential Child-Care and Child Day-Care Divisions of Licensing approve.

Source Note: The provisions of this §749.2493 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2272