(a) You must comply with one of the following:
  (1) The main office and each branch office, must have a separate:
    (A) Administrator who meets §749.631 of this title (relating to What qualifications must a child-placing agency administrator meet?); and
    (B) Treatment director, if applicable, per §749.721 of this title (relating to Must I have a treatment director?); or
  (2) Offices that operate based on the following caseload limits for child placement staff may share the same administrator and treatment director:
    (A) A caseload of foster children only that does not exceed:
      (i) 35 for children receiving child-care services;
      (ii) 25 for children receiving treatment services; and
      (iii) 30 for a combination of children receiving child-care services and children receiving treatment services;
    (B) A caseload of foster homes only that does not exceed 15 homes; and
    (C) A combination caseload of both children and homes that does not exceed 30 cases. Calculate the maximum of 30 cases by counting:
      (i) Each child as one case; and
      (ii) Each foster family home as one case.
(b) This rule does not apply to a child-placing agency that provides only adoption services, including foster homes verified by a private adoption agency solely for the care of infants awaiting placement in an adoptive home pending the resolution of the child's eligibility for adoption, or the readiness of an appropriate adoptive home, or both. This exception does not apply to a foster home that is also the intended adoptive home.

Source Note: The provisions of this §749.305 adopted to be effective September 1, 2010, 35 TexReg 7522; amended to be effective January 1, 2017, 41 TexReg 9944; 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