Part I.
Texas Department of Human Services
Chapter 79.
Legal Services
Subchapter E. Advisory Committees
40 TAC §79.404
The Texas Department of Human Services (DHS) adopts an amendment
to §79.404, without changes to the proposed text published in the December
4, 1998, issue of the
Texas Register
(23 TexReg
12255).
The justification for the amendment is to change the name and composition
of the Child and Adult Care Food Program (CACFP) advisory committee to represent
all child and adult nutrition programs administered by DHS's Special Nutrition
Programs (SNP).
The amendment will function by expanding the types of child and adult nutrition
programs that are able to provide advice and consultation to DHS with regard
to the programs administered by SNP.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 33, which provides the department with the authority to
administer public and nutritional assistance programs.
The amendment implements §§22.001-22.030 and §§33.001-33.024
of the Human Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900112
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: January 31, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 438-3765
Chapter 103.
Vocational Rehabilitation Services Program
Subchapter A. Provision of Vocational Rehabilitation Services
40 TAC §103.7
The Texas Rehabilitation Commission (TRC) adopts an amendment
to §103.7, concerning mental restoration services, without changes to
the proposed text as published in the December 11, 1998, issue of the
The section is being amended to include master social workers-advanced
clinical practitioners who are licensed by the Texas State Board of Social
Work Examiners to mental restoration services provided by the commission.
Comments were received in favor of the proposed rule on the basis that
the change will be a beneficial addition to the range of choices available
to TRC clients.
The comments were received from the National Association of Social Workers,
Texas Chapter.
The amendment is adopted under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900120
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Effective date: January 31, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 424-4050
Chapter 700.
Child Protective Services
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§700.511, 700.512, 700.602, and 700.605, without
changes to the proposed text published in the November 6, 1998, issue of the
In investigating allegations of child abuse and neglect within a family,
TDPRS now uses a burden of proof of "some credible evidence" to support a
finding of abuse or neglect. The higher standard of "preponderance of the
evidence" is used when investigating allegations of abuse and neglect within
mental health and mental retardation (MHMR) facilities, as well as in public
and private schools. The justification for the amendments is to provide for
the consistent use of "preponderance of the evidence" standard for all CPS
investigations.
The amendments will function by enhancing the quality of decision making
about the occurrence of abuse or neglect, improving the objectivity of investigation
findings, and facilitating the appropriate release of confirmed findings of
abuse and neglect when necessary to protect other children.
No comments were received regarding adoption of the amendments.
Subchapter E. Intake, Investigation, and Assessment
40 TAC §700.511, §700.512
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Subtitle D, Chapter 40, which provides the department with
the authority to propose and adopt rules to comply with state law and implement
departmental programs; and under the Texas Family Code, Chapters 261 and 264,
which authorizes the department to provide services to alleviate the effects
of child abuse and neglect.
The amendments implement the HRC, Chapter 40, and the Texas Family Code,
Chapters 261 and 264.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
8, 1999.
TRD-9900077
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: April 1, 1999
Proposal publication date: November 6, 1998
For further information, please call: (512) 438-3765
40 TAC §700.602, §700.605
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Subtitle D, Chapter 40, which provides the department with
the authority to propose and adopt rules to comply with state law and implement
departmental programs; and under the Texas Family Code, Chapters 261 and 264,
which authorizes the department to provide services to alleviate the effects
of child abuse and neglect.
The amendments implement the HRC, Chapter 40, and the Texas Family Code,
Chapters 261 and 264.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
8, 1999.
TRD-9900076
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: April 1, 1999
Proposal publication date: November 6, 1998
For further information, please call: (512) 438-3765
40 TAC §§700.1741-700.1750
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts the repeal of §§700.1741-700.1750, without changes
to the proposed text published in the November 6, 1998, issue of the
The justification for the repeals is to revise the rules so they address
the major overriding areas that impact overall functions of the program. TDPRS
is adopting the new rules in new Chapter 701, Community Initiatives.
The repeals will function by moving the rules to another rule chapter where
they will be more appropriate.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the Texas Family Code, Chapter
264, which directs the department to operate a program to provide services
for children in at-risk situations.
The repeals implement the Texas Family Code, 264.301.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
8, 1999.
TRD-9900080
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 11, 1999
Proposal publication date: November 6, 1998
For further information, please call: (512) 438-3765
Subchapter A. Services to At-Risk Youth (STAR) Program
40 TAC §§701.100-701.103
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts new §§701.100-701.103 in new Chapter 701, Community
Initiatives. New §701.100 is adopted with changes to the proposed text
published in the November 6, 1998, issue of the
Texas Register
(23 TexReg 11328). New §§701.101-701.103 are
adopted without changes to the proposed text and will not be republished.
The new sections are adopted in new Subchapter A, Services to At- Risk Youth
(STAR) Program.
The justification for the new sections is to provide overall direction
for the STAR program.
The new sections will function by allowing TDPRS to be more responsive
to changes that are needed in the program.
During the public comment period, TDPRS received a comment from the Texas
Network of Youth Services (TNOYS). TNOYS recommended that the rules more clearly
reflect the nature of the STAR services to provide brief, strengths-based,
family-oriented, youth-development services to youth in at-risk situations.
TNOYS believes it is important to clarify that these services follow an accepted
trend in social work services to provide families and youth with programs
and services that build on youth and families strengths and abilities, rather
than focusing on their deficits. With these ideas in mind, TNOYS recommends
that §701.100 be stated as follows: "§701.100. Service. The Services
to At-Risk Youth (STAR) program provides services to youth in at-risk situations.
Examples of these services are brief counseling, crisis intervention, emergency
short-term residential care, strengths-based family counseling, parenting
skills training, youth coping skills training, mentoring, advocacy training,
and other youth-development services to eligible youth and their families.
This is not an all-inclusive list." TDPRS agrees and has incorporated the
changes.
The new sections are adopted under the Texas Family Code, Chapter
264, which directs the department to operate a program to provide services
for children in at-risk situations.
The new sections implement the Texas Family Code, 264.301.
§701.100.Services.
The Services to At-Risk Youth (STAR) program provides services to
youth in at-risk situations. Examples of these services are brief counseling,
crisis intervention, emergency short-term residential care, strengths-based
family counseling, parenting skills training, youth coping skills training,
mentoring, advocacy training, and other youth-development services to eligible
youth and their families. This is not an all- inclusive list.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
8, 1999.
TRD-9900079
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 11, 1999
Proposal publication date: November 6, 1998
For further information, please call: (512) 438-3765
Subchapter YY. Institutional Administrators Licensing
40 TAC §725.5012
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts an amendment to §725.5012, without changes to the proposed
text published in the November 6, 1998, issue of the
Texas Register
(23 TexReg 11336).
The justification for the amendment is to clarify the time frame for disqualification
from re-examination for a child care administrator's license.
The amendment will function by clarifying the time frame for disqualification
from re- examination for a child care administrator's license after failing
the required examination three times.
During the public comment period, TDPRS received comments from the Sandy
Brook Residential Treatment Center and an individual. Both commenters found
the proposed amendment reasonable.
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to administer general
child-placing and child care licensing programs.
The amendment implements the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
8, 1999.
TRD-9900082
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 1999
Proposal publication date: November 6, 1998
For further information, please call: (512) 438-3765
Chapter 803.
Skills Development Fund
Subchapter B. Program Administration
Part II.
Texas Rehabilitation Commission
Part XIX.
Texas Department of Protective and Regulatory Services
Subchapter F. Release Hearings
Subchapter Q. Purchased Protective Services
Chapter 701.
Community Initiatives
Chapter 725.
General Licensing Procedures
Part XX.
Texas Workforce Commission