Part I.
Texas Department of Human Services
Chapter 48.
Community Care for Aged and Disabled
Subchapter F. In-Home and Family Support Program
40 TAC §48.2702
The Texas Department of Human Services (DHS) proposes an
amendment to §48.2702, concerning application, in its Community Care
for Aged and Disabled chapter. The purpose of the amendment is to delete the
requirement that a completed application form be received by DHS to place
an applicant's name on the In-Home and Family Support Program (IH/FSP) waiting
list; instead an applicant's name may be placed on the IH/FSP list by simply
making a verbal request for IH/FSP assistance.
Eric M. Bost, commissioner, has determined that for the first five- year
period the proposed section will be in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be a streamlined process for IH/FSP applicants to access
the program's waiting list. There will be no effect on small businesses because
it addresses only procedures that IH/FSP applicants and DHS staff must follow
to place an applicant's name on the waiting list. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
Questions about the content of the proposal may be directed to Debbie Berliner
at (512) 438-3199 in DHS's Long-Term Care Section. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-109, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register.
The amendment is proposed under the Human Resources Code, Title
2, Chapters 22 and 35, which provides the department with the authority to
administer public assistance and support services to people with disabilities.
The amendment implements §§22.001-22.030 and 35.001-35.012 of
the Human Resources Code.
§48.2702.Application.
(a)
(No change.)
(b)
Upon receipt of the
request for IH/FSP assistance,
the applicant's name is placed
[
(c)
(No change.)
(d)
If no funds are available to serve an applicant at the
time of
the request for services,
[
(e)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
February 26, 1999.
TRD-9901206
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: May 15, 1999
For further information, please call: (512) 438-3765
The Texas Department of Human Services (DHS) proposes the repeal of
§69.212, concerning year 2000 responsibilities, and proposes new §69.212,
concerning year 2000 responsibilities, in its Contracted Services chapter.
The purpose of the repeal and new section is to ensure that DHS makes every
reasonable effort to reduce risks associated with Year 2000 problems. The
State's trading partners and critical suppliers are to continue to fulfill
their contractual obligations without interruption due to the millennium change.
DHS has attempted to include a year 2000 clause in all its contracts. Without
spending a great deal of staff time, DHS cannot be sure that all contracts
contain the clause. If contracts are found without the clause, additional
staff time will be needed to amend the contracts. It is more efficient and
cost effective to propose and adopt the sections.
Eric M. Bost, commissioner, has determined that for the first five- year
period the proposed sections will be in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be the delivery of contracted goods and services to Texas'
neediest families and individuals in such a way that deliverables are not
interrupted, disrupted, degraded, delayed, or misapplied due to Year 2000
automation difficulties. There will be no adverse economic impact on large
or small businesses because the sections reinforce current DHS letters, instructions,
and contract clauses. The sections do not create new obligations. There is
no anticipated economic cost to persons who are required to comply with the
proposed sections.
Questions about the content of the proposal may be directed to William
Gordon at (512) 231-5754 in DHS's Contract Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-039,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Subchapter L. Contract Administration
40 TAC §69.212
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Human Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources
Code, Title 2, §22.002(f), which allows DHS to accomplish the purpose
of its programs by contracting. Implicit in the act is DHS's ability to adopt
rules for contract administration.
The repeal implements the Human Resources Code, §22.002(f).
§69.212.Year 2000 Responsibilities.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 26, 1999.
TRD-9901207
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: May 15, 1999
For further information, please call: (512) 438-3765
The new section is proposed under the
Human Resources Code, Title 2, §22.002(f), which allows DHS to accomplish
the purpose of its programs by contracting. Implicit in the act is DHS's ability
to adopt rules for contract administration.
The new section implements the Human Resources Code, §22.002(f).
§69.212.Year 2000 Responsibilities.
(a)
Texas Department of Human Services (DHS) contractors will
carry out the terms and conditions, including administrative conditions, of
their contracts in such a manner that deliverables will not be interrupted,
disrupted, degraded, delayed, or misapplied as a result of computer systems,
applications, or imbedded logic unable to recognize different centuries or
more than one century before, on, or after January 1, 2000. The same applies
to imbedded systems. Imbedded systems may include, but are not limited to,
heating/ventilation/air conditioning systems, elevators, security systems,
bio-medical equipment, and such. For purposes of this section, the terms "imbedded"
and "embedded" are synonymous.
(b)
If a contractor fails to comply with this section, the
DHS area responsible for the contract may, in accordance with applicable authority,
apply sanctions and administrative actions, including contract termination.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
February 26, 1999.
TRD-9901208
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: May 15, 1999
For further information, please call: (512) 438-3765
Chapter 725.
General Licensing Procedures
Subchapter JJJ. Court-ordered Social Studies
40 TAC §§725.6050-725.6052
The Texas Department of Protective and Regulatory Services
(TDPRS) proposes amendments to §§725.6050-725.6052, concerning definitions,
minimum qualifications, and conducting the social study and writing the report,
in its General Licensing Procedures chapter. The purpose of the amendments
is to clarify the qualifications for performing court-ordered social studies
and update TDPRS's policies on performing court-ordered social studies.
Cindy Brown, Budget and Analysis Division Director, has determined that
for the first five-year period the proposed sections will be in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the sections.
Ms. Brown also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be to ensure that individuals who conduct court-ordered
social studies as part of their child placing activities meet the required
qualifications. There will be no effect on small businesses because the rules
expand the flexibility of child placing agencies (both large and small) in
conducting court- ordered social studies. There is no anticipated economic
cost to persons who are required to comply with the proposed sections.
Questions about the content of the proposal may be directed to Char Bateman
at (512) 438-2247 in TDPRS's Licensing Division. Written comments on the proposal
may be submitted to Supervisor, Rules and Handbooks Unit-099, Texas Department
of Protective and Regulatory Services E-205, P.O. Box 149030, Austin, Texas
78714-9030, within 30 days of publication in the
Texas Register
.
The amendments are proposed 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 amendments implement the Human Resources Code, §§42.001-
42.077.
§725.6050.Definitions.
The following terms, when used in this subchapter, have the following
meaning unless the context clearly indicates otherwise:
(1)
Appropriate professional field - a
human
services
[
(A)
maintain an up-to-date register of licensed/certified individuals
who meet minimum qualifications and are available to conduct court-ordered
social studies.
(B)
investigate any complaints against persons whose activities
are regulated by the licensing/certifying entity in regard to the conduct
of social studies in a timely manner that meets department requirements.
(C)
take appropriate action on the licensing/certification
of the individual against whom a complaint has been made, based on the findings
of complaint investigations.
(2)
Appropriate professional organization
- an organization of professionals in a
human services
[
(A)
maintain an up-to-date register of organization members
who meet minimum qualifications and are available to conduct court-ordered
social studies.
(B)
investigate any complaints against members in regard to
the conduct of social studies in a timely manner that meets department requirements.
(C)
take appropriate action on the organization membership
of the individual against whom a complaint has been made, based on the findings
of complaint investigations.
(3)
Full-time experience - at least 30
hours per week. Part-time experience is counted as a percentage of full-time
experience.
(4)
Human services field -
a field of study designed to prepare a student for service in programs and
activities that enhance people's development and well being.
[
- an
area of practice focusing on normal and abnormal human development and personal
and interpersonal relationship skills.]
§725.6051.Minimum Qualifications.
(a)
A person qualified to conduct a court-ordered social study
in a suit affecting the parent-child relationship must:
(1)
be licensed or certified in an appropriate professional
field
described in §725.6050 of this title (relating to Definitions)
or, if the profession is not regulated under state statutes requiring
licensure/certification, be a member of an appropriate professional organization
described in §725.6050 of this title
; and
(2)
have completed, as a minimum, one of the following
conditions:
(A)-(B)
(No change.)
(C)
be employed by a licensed,
certified, or alternatively accredited child placing agency and be limited
to conducting social studies of clients of the child placing agency and children
the child placing agency has the legal authority to place.
(b)
[
(c)
[
(d)
[
(e)
[
(f)
[
§725.6052.Conducting the Social Study and Writing the Report.
Investigators must meet the following requirements when conducting
the study and writing the report:
(1)
If the investigator has a conflict of interest with any
party in a disputed suit or if he may be biased by previous knowledge other
than that obtained in a court-ordered investigation, he must disqualify himself
or present any issues or concerns to the court before accepting an appointment.
An investigator who has previously investigated a case may make all subsequent
investigations, unless the court finds that the investigator is biased.
This provision does not prohibit staff from the Texas Department of Protective
and Regulatory Services (TDPRS) from being appointed by the court to prepare
a social study in a suit in which adoption is requested or possession of or
access to the child is an issue in which TDPRS is a party or has an interest.
(2)-(7)
(No change.)
(8)
Unless otherwise directed by the court, a social study
related to an adoption must be conducted according to the requirements of
TDPRS's
[
(9)
A person conducting a
court-ordered social study must report any adoptive placement that appears
to have been made by someone other than the child's parents, the child's managing
conservator, or a licensed, certified, or alternatively accredited child-placing
agency. The placement must be reported to TDPRS's Child Care Licensing Division.
(10)
A person who is employed
by TDPRS and meets the requirements of §725.6051(a)(2)(C) of this title
(relating to Minimum Qualifications) may conduct court-ordered social studies
as required by the Interstate Compact on the Placement of Children, specified
in §700.1901 of this title (relating to All Interstate Placements) and
§700.1902 of this title (relating to Interstate Placements Made or Supported
by the Office of Protective Services for Families and Children (PSFC)).
[
The department may develop
and distribute other applicable guidelines in the future.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March
1, 1999.
TRD-9901233
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: June 1, 1999
For further information, please call: (512) 438-3765
Subchapter L. Contract Administration
application, the caseworker places
the applicant
] on the waiting list in order, according to the date
and time
the
request
[
application
] is received
by the Texas Department of Human Services (DHS).
application,
] the
applicant's name is placed on DHS's IH/FSP waiting list. The applicant is
advised in writing that
his name has been placed on the waiting list
[
the application will be processed as soon as funds become available
].
Chapter 69.
Contracted Services
Part XIX.
Texas Department of Protective and Regulatory Services
mental health
] field, regulated under state statutes,
that has a licensing/certifying entity able and willing to:
mental
health
] field, not regulated under state statutes, requiring licensure/certification
and able and willing to:
Mental health field
(3)
] Licensing/certifying entities
and professional organizations in appropriate fields not regulated under state
statutes requiring licensing/certification must file with the department a
notice of intent and ability to comply with these regulations.
(b)
] A person with a bachelor's
degree from an accredited college or university may conduct court-ordered
social studies if he is directly supervised by a person meeting one of the
minimum qualifications. Direct supervision must be provided within the context
of employment in a social service organization or agency or direct employment
by a person meeting the minimum qualifications. These studies must be signed
by both the person making the study and the person providing the required
supervision.
(c)
] If, by August 31, 1988, a
person has completed at least 20 court-ordered social studies in suits affecting
the parent-child relationship within the period from September 1, 1983, to
August 31, 1988, he is not required to meet these minimum qualifications.
He must register his qualifications and willingness to conduct social studies
with the appropriate court(s). The court(s) is responsible for investigating
any complaints in regard to the conduct of social studies and for determining
the person's continuing eligibility to provide these services to the court.
(d)
] Persons qualifying under these
regulations offering to provide these services must complete a registration
form provided by the department. They must file this form with the appropriate
court(s).
(e)
] Persons wanting to file a
complaint about the conduct of a court-ordered social study must contact the
appropriate court to determine the appropriate complaint investigating entity.
the department's
] Minimum Standards for Child-placing
Agencies,
§720.54 of this title (relating to Adoptive Applicant
Preparation), §720.55 of this title (relating to Required Information),
and adoptive home screening requirements specified in §§725.6070-725.6072
of this title (relating to Adoptive Home Screening Requirements, Adoptive
Home Screening Update, and Qualifications to Perform an Adoptive Home Screening)
[
§5100, Adoptive Readiness Review, standards 5100.1 and 5100.2;
Section 5200, Adoptive Home Study, standards 5200.3, 5200.4, and 5200.5
].
(9)
Chapter 732.
Contracted Services