Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 15.
MEDICAID ELIGIBILITY
The Texas Department of Human Services (DHS) adopts amendments to §§15.435,
15.605, and 15.610 without changes to the proposed text published in the February
18, 2000, issue of the
Texas Register
(25
TexReg 1270).
The amendments are justified to simplify the medical effective date policy
for clients in institutional settings, clarify that parents of a deceased
child of any age can file for benefits on his behalf, and address the treatment
of funds in the "Texas Tomorrow" program as a resource.
The medical effective date policy is being simplified as an administrative
streamlining measure. The proposal was piloted in DHS Region 08 (San Antonio)
and was found to be an easier method for staff to determine the medical effective
date. There is no fiscal impact because the Medicaid premium is a flat amount
per month (it is not prorated) and facilities are paid only for the days clients
are residing there.
Federal regulations in 42 Code of Federal Regulations (CFR) 435.907 direct
that someone acting responsibly for an incompetent or incapacitated individual
may file an application on his behalf. DHS eligibility staff in the field
requested clarification of the current rule to ensure that parents of a deceased
child of any age could also file a Medicaid application.
Long-term care Medicaid policy follows eligibility policy for the Supplemental
Security Income program. Federal regulation 20 CFR 416.1201(a) discusses availability
of resources. DHS eligibility staff in the field requested instruction on
how to treat funds in the "Texas Tomorrow" program, which is administrated
by the Texas Prepaid Higher Education Tuition Board.
The amendments will function by ensuring the policy will be applied correctly
and consistently statewide.
The department received no comments regarding adoption of the amendments.
Subchapter D. RESOURCES
40 TAC §15.435
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department to administer public
and medical assistance programs and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
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 March 31, 2000.
TRD-200002305
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: June 1, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 438-3108
40 TAC §15.605, §15.610
The amendments are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which authorizes the department to administer
public and medical assistance programs and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendments implement the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
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 March 31, 2000.
TRD-200002306
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: June 1, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 438-3108
Chapter 700.
CHILD PROTECTIVE SERVICES
Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts the repeal of §700.323; and adopts new §700.323, without
changes to the proposed text published in the February 11, 2000, issue of
the
Texas Register
(25 TexReg 1047).
The justification for the repeal and new section is to reduce the number
of days for which TDPRS will pay when a child runs away from a facility, as
opposed to an approved absence for another reason. The adoption also sets
a shorter time limit for temporary absences from providers of emergency care,
since these placements are by definition short-term.
The repeal and new section will function by conserving state and federal
foster care funds by reducing the number of days of care for which the state
will pay when a child is absent from a facility.
No comments were received regarding adoption of the repeal and new section.
Under section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
40 TAC §700.323
The repeal is adopted under the Human Resources Code (HRC),
Title 2, 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 repeal implements the Human Resources Code, 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 March 31, 2000.
TRD-200002319
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: June 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
The new section is adopted under the
Human Resources Code (HRC), Title 2, 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 new section implements the Human Resources Code, 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 March 31, 2000.
TRD-200002320
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: June 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts the repeal of §700.338; and adopts new §§700.338 and
700.438, without changes to the proposed text published in the February 11,
2000, issue of the
Texas Register
(25 TexReg
1048).
The justification for the repeal and new sections is to implement, clarify,
and achieve consistency with federal law. New §700.338 implements immigration
status requirements enacted under the Personal Responsibility and Work Opportunities
Act of 1996. In addition, the new section clarifies that the Title IV-E adoption
assistance eligibility requirements are the same whether the child is placed
by TDPRS or a Texas-licensed, nonprofit, child-placing agency. New §700.348
implements requirements contained in the Adoption and Safe Families Act relating
to preserving Title IV-E adoption assistance eligibility.
The repeal and new sections will function by ensuring that eligible special
needs children placed for adoption by Texas-licensed, nonprofit, child-placing
agencies will qualify for adoption assistance. Implementation of the federal
immigration and status provisions will ensure that federal funds are targeted
only to eligible children.
During the public comment period, TDPRS received comments from Inheritance
Adoptions and DePelchin Children's Center. A summary of the comments and TDPRS's
responses follow:
Comments concerning §700.338(a)(2):
1) One commenter expressed support of the rule, noting that expanded availability
of the Title IV-E adoption assistance program would make it easier for private
agencies to place special needs children in their care. The commenter understood
the rule to modify the definition of an eligible child.
Response: The proposed rules do clarify that the Title IV-E eligibility
requirements are the same for a private agency child and a TDPRS child. The
proposed rules do not modify the criteria needed to qualify as a special needs
child, as listed in 40 TAC §700.337(3). TDPRS is adopting this section
without change.
2) One commenter questioned the need for the child placing agency to be
named the child's managing conservator through a court order at the time of
the child's adoptive placement. The commenter suggested that the mother's
naming of the private agency to serve as managing conservator in a voluntary
relinquishment should be sufficient.
Response: The requirements included in the rules reflect those required
under federal law. The agency does not have discretion to change the requirements.
TDPRS is adopting this section without change.
Comment concerning §700.338(a)(3): One commenter disagreed with the
proposed requirement that a separate judicial determination from the termination
of parental rights was needed in order to satisfy the requirement that the
child's removal from the home be the result of a judicial determination that
continuation in the home would be contrary to the child's welfare. The commenter
stated this requirement would cause birth families wishing to voluntarily
place their child for adoption to be treated like child protective services
families.
Response: The commenter misread the requirement regarding a judicially
determined removal, which relates only to AFDC eligibility, to apply to all
aspects of Title IV-E eligibility. The requirements included in the rules
reflect those required under federal law. The agency does not have discretion
to change the requirements. TDPRS is adopting this section without change.
Under section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
40 TAC §700.338
The repeal is adopted under the Human Resources Code (HRC), §40.029,
which authorizes the Board to ensure the department's compliance with state
and federal law and to facilitate the implementation of departmental programs.
The repeal implements 42 United States Code Annotated (U.S.C.A.) §673(a)(2),
42 U.S.C.A. §673(a)(2)(C), and 8 U.S.C.A. §1601 et seq.
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 March 31, 2000.
TRD-200002317
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: June 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §700.338, §700.348
The new sections are adopted under the Human Resources Code
(HRC), §40.029, which authorizes the Board to ensure the department's
compliance with state and federal law and to facilitate the implementation
of departmental programs.
The new sections implement 42 United States Code Annotated (U.S.C.A.) §673(a)(2),
42 U.S.C.A. §673(a)(2)(C), and 8 U.S.C.A. §1601 et seq.
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 March 31, 2000.
TRD-200002318
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: June 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §700.518
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts an amendment to §700.518, without changes to the proposed
text published in the February 11, 2000, issue of the
Texas Register
(25 TexReg 1050).
The justification for the amendment is to modify the rule to agree with
those proposed by the Child Care Licensing division and to allow for certain
exceptions when foster or adoptive parents have a sustained finding of abuse
and neglect.
The amendment will function by providing consistency with Child Care Licensing
(CCL) rules. Child Protective Services (CPS) rules must comply with CCL rules
because CCL rules regulate all child-placing agencies, including CPS.
During the public comment period, TDPRS received a comment from Texas State
Foster Parents, Inc. supporting the proposed change to this rule.
Under section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is adopted under the Human Resources Code (HRC),
Title 2, 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 amendment implements the Human Resources Code, 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 March 31, 2000.
TRD-200002315
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §700.1502
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts an amendment to §700.1502, without changes to the proposed
text published in the February 11, 2000, issue of the
Texas Register
(25 TexReg 1050).
The justification for the amendment is to delete obsolete language that
is in conflict with child care licensing rules. In addition, the amendment
adds screening requirements for foster and adoptive parent applicants' citizenship
and/or alien status.
The amendment will function by eliminating confusion for staff and individuals
desiring to be foster and adoptive parents. The addition of the citizenship
and alien status screening requirements will eliminate potential confusion
in placement decisions and placement delays and will ensure compliance with
federal law.
During the public comment period, TDPRS received a comment from the DePelchin
Children's Center supporting the proposed change.
Under section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is adopted under the Human Resources Code (HRC),
Title 2, 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 amendment implements the Human Resources Code, 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 March 31, 2000.
TRD-200002316
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§715.103, 715.205, 715.207, 715.305, 715.307,
715.407, 715.605, 715.607, 715.705, and 715.707, without changes to the proposed
text published in the February 11, 2000, issue of the
Texas Register
(25 TexReg 1051).
The justification for the amendments is to provide consistency and clarity
regarding the application of criminal and central registry history for all
persons. In addition, the amendments will allow the Director of Licensing
to have greater flexibility to approve persons for child care that no longer
pose a risk to children.
The amendments will function by increasing the number of adoptive homes,
foster parents, and quality child care providers. Currently, there is a well-recognized
shortage of these individuals. The amendments will allow individuals who have
old and/or minor criminal convictions, criminal deferred adjudications, or
central registry findings, but do not pose a risk to children, to be able
to request consideration to adopt, foster, and provide care to children.
No comments were received regarding adoption of the amendments.
Under section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
Subchapter B. MINIMUM STANDARDS FOR REGISTERED FAMILY HOMES
40 TAC §715.103
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002322
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §715.205, §715.207
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to adopt rules
relating to its administration of general child-placing and child care licensing
programs.
The amendments implement the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002323
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §715.305, §715.307
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to adopt rules
relating to its administration of general child-placing and child care licensing
programs.
The amendments implement the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002324
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §715.407
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002325
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §715.605, §715.607
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to adopt rules
relating to its administration of general child-placing and child care licensing
programs.
The amendments implement the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002326
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §715.705, §715.707
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to adopt rules
relating to its administration of general child-placing and child care licensing
programs.
The amendments implement the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002327
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§720.35, 720.50, 720.231, 720.316, 720.408,
and 720.909, without changes to the proposed text published in the February
11, 2000, issue of the
Texas Register
(25
TexReg 1057).
The justification for the amendments is to provide consistency and clarity
regarding the application of criminal and central registry history for all
persons. In addition, the amendments will allow the Director of Licensing
to have greater flexibility to approve persons for child care that no longer
pose a risk to children.
The amendments will function by increasing the number of adoptive homes,
foster parents, and quality child care providers. Currently, there is a well-recognized
shortage of these individuals. The amendments will allow individuals who have
old and/or minor criminal convictions, criminal deferred adjudications, or
central registry findings, but do not pose a risk to children, to be able
to request consideration to adopt, foster, and provide care to children.
No comments were received regarding adoption of the amendments.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter A. STANDARDS FOR CHILD-PLACING AGENCIES
40 TAC §720.35, §720.50
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to adopt rules
relating to its administration of general child-placing and child care licensing
programs.
The amendments implement the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal Code.
§720.35.General Personnel Requirements.
General personnel requirements are that:
(1)
the child-placing agency must reassign or remove from direct
contact with clients any employee, volunteer, or foster parent who does not
meet the requirements in §725.1801 of this title (relating to Criminal
History and Central Registry Background Checks).
(2)
such reassignment or removal, as described in paragraph
(1) of this section, must remain in effect pending resolution of the charges.
(3)
until charges are dropped, a person who is indicted
for any felony offense under Title 5, Title 6, or Chapter 43 of Title 9 of
the Penal Code or who is the subject of an official criminal complaint (related
to those offenses) that has been accepted by a county or district attorney
must not be at the facility or have contact with the children while the children
are in care. Until charges are dropped, a person who is indicted for any other
criminal offense or who is the subject of an official criminal complaint (related
to these other offenses) that has been accepted by a county or district attorney
must not be at the facility or have contact with the children while the children
are in care, unless it is determined by the Licensing Division that the person
does not pose a risk to the children in care. The facility must notify the
Licensing Division of the indictments or complaints within 24 hours of awareness
or by the next workday.
(4)
a person who is under investigation by the department
for the abuse or neglect of a child must not have contact with children in
care unless the Licensing Division determines that the person does not pose
a risk to the children in care or until the investigation is closed without
a finding of abuse or neglect. The facility must notify the Licensing Division
of any investigation of abuse or neglect within 24 hours of awareness or by
the next workday.
(5)
persons whose behavior or health status presents a
danger to clients must not be allowed at the agency or at homes verified by
the agency.
(6)
before having contact with children in care, staff,
volunteers, foster parents, foster family household members, and employees
in foster family homes must be tested for tuberculosis according to the recommendations
of the Texas Department of Health or local health authorities.
(7)
the agency must have a personnel file for each employee,
volunteer, and foster parent whose work relates to child-placing activities,
work with birth parents, and children in care. Each file must contain the
following:
(A)
date of employment;
(B)
documentation that the person meets the qualifications
for the position;
(C)
tuberculosis test reports, if required, for persons having
contact with children;
(D)
reports on the criminal background check and the child
abuse/neglect check;
(E)
documentation that the person meets training requirements;
and
(F)
date and reason for separation, if applicable.
§720.50.Adoption Policies.
(a)
Child-placing agencies making adoptive placements must
have written adoption policies.
(b)
Adoption policies must include:
(1)
qualifications, screening and selection criteria and procedures
for adoptive parents or families;
(2)
training policy and program for the adoptive parent
or family; and
(3)
a statement of the rights and responsibilities of
the agency and adoptive parents in regard to the agency-adoptive family relationship
prior to consummation of the adoption.
(c)
Adoption policies on screening adoptive parents and families
for criminal or child abuse/neglect history must meet the requirements in §725.1801
of this title (relating to Criminal History and Central Registry Background
Checks).
(d)
Agencies making adoptive placements must specify in their
service provision policy the degree to which birth parents are involved in
planning for and placing their child.
(e)
Agencies making adoptive placements must include counseling
services and post-adoption services in their service provision policies.
(f)
Agencies must not have policies or make adoption placement
decisions on the presumption that placing a child in a family of the same
race or ethnicity as the race or ethnicity of the child is in the best interest
of the child.
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 March 31, 2000.
TRD-200002328
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §720.231
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal Code.
§720.231.Qualifications.
(a)
Foster parents and any employees involved in child care
shall be responsible, mature, healthy adults capable of meeting the needs
of the children in care.
(b)
Foster family homes must meet the requirements in §725.1801
of this title (relating to Criminal History and Central Registry Background
Checks).
(c)
Until charges are dropped, a person who is indicted for
any felony offense under Title 5, Title 6, or Chapter 43 of Title 9 of the
Penal Code or who is the subject of an official criminal complaint (related
to those offenses) that has been accepted by a county or district attorney
must not be in the home or have contact with the children while the children
are in care. Until charges are dropped, a person who is indicted for any other
criminal offense or who is the subject of an official criminal complaint (related
to these other offenses) that has been accepted by a county or district attorney
must not be in the home or have contact with the children while children are
in care, unless it is determined by the Licensing Division that the person
does not pose a risk to the children in care. The facility must notify the
Licensing Division of the indictments or complaints within 24 hours of awareness
or by the next workday.
(d)
A person who is under investigation by the department for
the abuse or neglect of a child must not have contact with children in care
unless the Licensing Division determines that the person does not pose a risk
to the children in care or until the investigation is closed without a finding
of abuse or neglect. The facility must notify the Licensing Division of any
investigation of abuse or neglect within 24 hours of awareness or by the next
workday.
(e)
Foster parents and any employees in the home shall have
an examination for tuberculosis within 12 months before the home is used for
children. Reexamination shall be in accordance to recommendations of local
public health authorities or the regional office of the Texas Department of
Health. Children of foster parents shall meet the same requirements as those
for the children in care.
(f)
The foster family shall provide the staff and services
necessary to provide for the care and safety of children.
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 March 31, 2000.
TRD-200002329
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §720.316
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal Code.
§720.316.Personnel Requirements for Independent Foster Group Homes.
(a)
Foster parents and employees involved in child care shall
be responsible, mature, healthy adults capable of meeting the needs of children.
(b)
Foster group homes must meet the requirements in §725.1801
of this title (relating to Criminal History and Central Registry Background
Checks).
(c)
Until charges are dropped, a person who is indicted for
any felony offense under Title 5, Title 6, or Chapter 43 of Title 9 of the
Penal Code or who is the subject of an official criminal complaint (related
to those offenses) that has been accepted by a county or district attorney
must not be in the home or have contact with the children while the children
are in care. Until charges are dropped, a person who is indicted for any other
criminal offense or who is the subject of an official criminal complaint (related
to these other offenses) that has been accepted by a county or district attorney
must not be in the home or have contact with the children while the children
are in care, unless it is determined by the Licensing Division that the person
does not pose a risk to the children in care. The facility must notify the
Licensing Division of the indictments or complaints within 24 hours of awareness
or by the next workday.
(d)
A person who is under investigation by the department for
the abuse or neglect of a child must not have contact with children in care
unless the Licensing Division determines that the person does not pose a risk
to the children in care or until the investigation is closed without a finding
of abuse or neglect. The facility must notify the Licensing Division of any
investigation of abuse or neglect within 24 hours of awareness or by the next
workday.
(e)
Persons whose behavior or health status endangers the children
shall not be present at the foster group home.
(f)
Foster parents and any employees in the home shall have
an examination for tuberculosis within 12 months before the home is used for
children. Re-examination shall be in accordance with recommendations of local
public health authorities or the regional office of the Texas Department of
Health. Children of foster parents shall meet the same requirements as those
for the children in care.
(g)
All foster parents or child care workers shall be at least
18 years old and be able to read and write.
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 March 31, 2000.
TRD-200002330
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §720.408
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal Code.
§720.408.Personnel Policies and Practices.
(a)
The facility must have current written job descriptions
that specify the staff members' duties. A copy of the job descriptions must
be available to staff and to licensing.
(b)
Staff must be informed in writing of their responsibility
to report immediately any suspected incident of abuse or neglect of a child
in care to the facility's administrator or a person the administrator designates.
(c)
If children are allowed overnight visits with staff, the
children must be properly fed, lodged, and supervised and their health, safety,
and well-being protected. The person(s) responsible for the child must be
given information about obtaining emergency medical care.
(d)
People whose behavior or health endangers the children
must not be allowed to remain at the facility.
(e)
Staff caring for children must not be assigned tasks that
conflict or interfere with child care responsibilities.
(f)
All personnel must meet the requirements in §725.1801
of this title (relating to Criminal History and Central Registry Background
Checks).
(g)
Until charges are dropped, a person who is indicted for
any felony offense under Title 5, Title 6, or Chapter 43 of Title 9 of the
Penal Code or who is the subject of an official criminal complaint (related
to those offenses) that has been accepted by a county or district attorney
must not be at the facility or have contact with the children while the children
are in care. Until charges are dropped, a person who is indicted for any other
criminal offense or who is the subject of an official criminal complaint (related
to these other offenses) that has been accepted by a county or district attorney
must not be at the facility or have contact with the children while the children
are in care, unless it is determined by the Licensing Division that the person
does not pose a risk to the children in care. The facility must notify the
Licensing Division of the indictments or complaints within 24 hours of awareness
or by the next workday.
(h)
A person who is under investigation by the department for
the abuse or neglect of a child must not have contact with children in care
unless the Licensing Division determines that the person does not pose a risk
to the children in care or until the investigation is closed without a finding
of abuse or neglect. The facility must notify the Licensing Division of any
investigation of abuse or neglect within 24 hours of awareness or by the next
workday.
(i)
Staff who have contact with children in care must be tested
for tuberculosis.
(1)
A report, including results, of tuberculosis testing must
be obtained within 12 months before staff is assigned responsibility for the
care of children.
(2)
Re-examination reports must be obtained according
to recommendations of local public health authorities or the regional office
of the Texas Department of Health.
(3)
If children of staff live at the facility, the tuberculosis
test requirements for children in care must be met.
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 March 31, 2000.
TRD-200002331
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §720.909
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal Code.
§720.909.Qualifications and Responsibilities.
(a)
Facility staff must meet the requirements in §725.1801
of this title (relating to Criminal History and Central Registry Background
Checks).
(b)
Until charges are dropped, a person who is indicted for
any felony offense under Title 5, Title 6, or Chapter 43 of Title 9 of the
Penal Code or who is the subject of an official criminal complaint (related
to those offenses) that has been accepted by a county or district attorney
must not be at the facility or have contact with the children while the children
are in care. Until charges are dropped, a person who is indicted for any other
criminal offense or who is the subject of an official criminal complaint (related
to these other offenses) that has been accepted by a county or district attorney
must not be at the facility or have contact with the children while the children
are in care, unless it is determined by the Licensing Division that the person
does not pose a risk to the children in care. The facility must notify the
Licensing Division of the indictments or complaints within 24 hours of awareness
or by the next workday.
(c)
A person who is under investigation by the department for
the abuse or neglect of a child must not have contact with children in care
unless the Licensing Division determines that the person does not pose a risk
to the children in care or until the investigation is closed without a finding
of abuse or neglect. The facility must notify the Licensing Division of any
investigation of abuse or neglect within 24 hours of awareness or by the next
workday.
(d)
The emergency shelter must verify the personal qualifications
of employees. Each staff must submit a statement to the facility concerning
any felony and/or misdemeanor convictions within the preceding ten years and
of any pending criminal charges.
(e)
The emergency shelter must not allow in the shelter persons
whose behavior or health status endangers the children.
(f)
Staff must have an examination for tuberculosis within
12 months before employment. The emergency shelter must ensure that reexamination
is according to recommendations of local public health authorities or the
regional office of the Texas Department of Health. Children of staff who have
contact with other children at the shelter must meet the same requirements
as those for children in care.
(g)
Child-care staff must be at least 18 years old and be able
to read and write.
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 March 31, 2000.
TRD-200002332
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
Subchapter P. ALTERNATIVE ACCREDITATION
40 TAC §725.1506
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts amendments to §§725.1506, 725.1801, and 725.5011;
adopts new §725.1814; and adopts the repeal of §§725.2027,
725.3070, and 725.5015, without changes to the proposed text published in
the February 11, 2000, issue of the
Texas Register
(25 TexReg 1071).
The justification for the adoption is to provide consistency and clarity
regarding the application of criminal and central registry history for all
persons. In addition, the adoption will allow the director of licensing to
have greater flexibility to approve persons for child care that no longer
pose a risk to children.
The adoption will function by increasing the number of adoptive homes,
foster parents, and quality child care providers. Currently, there is a well-recognized
shortage of these individuals. The adoption will allow individuals who have
old and/or minor criminal convictions, criminal deferred adjudications, or
central registry findings, but do not pose a risk to children, to be able
to request consideration to adopt, foster, and provide care to children.
During the public comment period, TDPRS received comments from Texas State
Foster Parents, Inc., DePelchin Children's Center, Alamo Adoption Agency,
Inc., and four individuals. Two commenters supported the proposal in general.
A summary of the other comments and TDPRS's responses follow:
Comments concerning §725.1801(i):
1) Two commenters believed that it is not clear in the rule how registered
family homes are affected by the changes. In particular, these commenters
were interested in whether or not registered family homes and residents with
misdemeanors of Title 5, Title 6, and Chapter 43 of Title 9 of the Penal Code
would be eligible for the new risk evaluations.
2) Three commenters felt that family home providers should be eligible
for risk evaluations in the same manner as other child care providers.
Response: Chapter 42 of the Human Resources Code mandates that the Licensing
Division deny or revoke the registration or listing of any person who has
a misdemeanor or felony conviction under Title 5, Title 6, and Chapter 43
of Title 9 of the Penal Code. This prevents the Licensing Division from considering
registered family home providers or listed family home providers for evaluation
of risk based on misdemeanor convictions under those specified Penal Code
sections. The statutory language is repeated in the rule proposal in §725.1801(i).
This restriction will be written more clearly in the minimum standards and
written guidelines for registered family homes and listed family homes. TDPRS
is adopting this section without change.
Comments concerning §725.1801(j):
1) One commenter who had a misdemeanor assault conviction and owned a day
care center supported the proposal.
2) One commenter requested that the proposal be revised to (a) allow foster
parents with misdemeanor and felony convictions under Title 5, Title 6, and
Chapter 43 of Title 9 of the Penal Code to be eligible for risk evaluation;
and (b) allow current foster homes with criminal convictions to be grandfathered.
Response: The rules allow the director of licensing to evaluate foster
parents with any misdemeanor convictions for risk to children. The rules do
not, however, allow persons with felony convictions under Penal Code Title
5 (Crimes Against the Person), Title 6 (Crimes Against the Family) and Chapter
43 of Title 9 (Public Indecency) to foster children. The Licensing Division
believes this is a necessary protection for children. Current foster homes
with criminal convictions should have already applied for a Proof of Rehabilitation
under the current rules. When these foster parents are due for their bi-annual
background check, they will be subject to the same requirements as all foster
parents. TDPRS is adopting this section without change.
Comments concerning §725.1801(k):
1) One commenter requested that the rule proposal be revised to (a) allow
foster parents with a reason to believe of physical abuse to be eligible for
risk evaluation; and (b) allow current foster homes with a reason to believe
of abuse or neglect (not including sexual abuse) to be grandfathered. A second
commenter requested that the rule proposal be revised to allow family home
providers with a reason to believe finding of physical abuse to be eligible
for risk evaluation.
Response: The Licensing Division believes it is a necessary protection
for children to exclude without exception foster parents, family home providers,
and all other child care providers who have reason to believe findings of
physical abuse that meet a preponderance of the evidence standard. Since the
current rules do not permit any foster home to operate with a finding of abuse
or neglect, there should be no need to "grandfather" any current homes.
2) One commenter stated that persons with a history of child abuse and
neglect posed a risk to children and should not be eligible for a risk evaluation.
Response: The director of licensing would only evaluate a person with a
child abuse or neglect history if the facility or agency wishing to place
that person in contact with children requested one. A child placing agency
or child care facility can choose not to hire or place children with any person
who has such a history. TDPRS is adopting this section without change.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056, 42.057, and 42.105, which mandates that the Licensing Division conduct
criminal history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002333
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.1801, §725.1814
The amendment and new section are adopted under the Human
Resources Code (HRC), Title 2, Chapter 42, which authorizes the department
to adopt rules relating to its administration of general child-placing and
child care licensing programs.
The amendment and new section implement the Human Resources Code §42.042,
which gives the department the authority to promulgate rules to carry out
provisions of the statute and to promulgate minimum standards for licensed
child care facilities and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002334
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.2027
The repeal is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The repeal implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002335
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.3070
The repeal is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The repeal implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002336
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.5011
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The amendment implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002337
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.5015
The repeal is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The repeal implements the Human Resources Code §42.042, which gives
the department the authority to promulgate rules to carry out provisions of
the statute and to promulgate minimum standards for licensed child care facilities
and registered family homes; the Human Resources Code §§42.052,
42.056 and 42.057, which mandates that the Licensing Division conduct criminal
history and central registry checks; the Human Resources Code §42.0445,
which requires the department to search the Central Registry of child abuse
and neglect before issuing or renewing a license, registration or certification;
and the Human Resources Code §42.072, which gives the department the
authority to provide, by rule, for adverse action against a facility or family
home based on the results of criminal history or central registry checks,
and which requires the department to deny an application or renewal for listing
or registering a family home or revoke a family home's listing or registration
if the results of a background or criminal history check show that a person
has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter
43, Penal 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 March 31, 2000.
TRD-200002340
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§725.1515, 725.2011, 725.5012, and 725.5014;
adopts the repeal of §§725.1809, 725.2006, 725.2008, and 725.3044;
and adopts new §725.1809, without changes to the proposed text published
in the February 11, 2000, issue of the
Texas Register
(25 TexReg 1075).
The justification for the amendments, repeals, and new section is to put
Child Care Licensing rules that apply to the issuances of licenses, certifications,
registrations, and listings in compliance with Chapter 2005 of the Texas Government
Code, which sets forth requirements for rules dealing with procedures and
timeframes for permit processing, and to meet requirements set forth in Chapter
43 of the Human Resources Code. Chapter 2005 also requires TDPRS to publish
with these rules a statement of TDPRS's minimum, maximum, and median times
for processing an application from the date that TDPRS received an initial
application to the date of the final permit decision using TDPRS's performance
in the 12 months preceding the date the proposed rules are published. The
minimums, maximums, and medians are as follows: Day Care Facilities (1 day,
244 days, 18 days); Registered Family Homes (1, 112, 21); Residential Facilities
(1, 58, 27); Listed Family Homes (1,138, 24); and Child Care Administrators
Licensing (20, 60, 45). The time periods allow sufficient time for the licensing
staff to process these applications efficiently without causing unnecessary
risk to children.
The amendments, repeals, and new section will function by making vital
information more accessible to the public. New §725.1809 presents a considerable
amount of information with greater clarity. These revisions are consistent
with TDPRS's long-term goal of reorganizing, consolidating, and redrafting
its child care licensing rules, which will benefit all those who have to interpret
or comply with the rules.
No comments were received regarding adoption of the amendments, repeals,
and new section.
Under section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
Subchapter P. ALTERNATIVE ACCREDITATION
40 TAC §725.1515
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child- placing and child care licensing programs.
The amendment implements the Human Resources Code, §42.104, and the
Government Code, Chapter 2005.
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 March 31, 2000.
TRD-200002308
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.1809
The repeal is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The repeal implements the Human Resources Code, §§42.001-42.077,
and the Government Code, Chapter 2005.
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 March 31, 2000.
TRD-200002309
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
The new section is adopted under the
Human Resources Code (HRC), Title 2, Chapter 42, which authorizes the department
to adopt rules relating to its administration of general child- placing and
child care licensing programs.
The new section implements the Human Resources Code, §§42.001-42.077,
and the Government Code, Chapter 2005.
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 March 31, 2000.
TRD-200002310
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.2006, §725.2008
The repeals are adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child- placing and child care licensing programs.
The repeals implement the Human Resources Code, §§42.001-42.077,
and the Government Code, Chapter 2005.
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 March 31, 2000.
TRD-200002311
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.2011
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child- placing and child care licensing programs.
The amendment implements the Human Resources Code, §§42.001-42.077,
and the Government Code, Chapter 2005.
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 March 31, 2000.
TRD-200002312
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.3044
The repeal is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to adopt rules relating
to its administration of general child-placing and child care licensing programs.
The repeal implements the Human Resources Code, §§42.001-42.077,
and the Government Code, Chapter 2005.
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 March 31, 2000.
TRD-200002313
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
40 TAC §725.5012, §725.5014
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to adopt rules
relating to its administration of general child- placing and child care licensing
programs.
The amendments implement the Human Resources Code, §§42.001-42.077,
and the Government Code, Chapter 2005.
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 March 31, 2000.
TRD-200002314
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
Subchapter B. MATERNITY HOME PERSONNEL
40 TAC §727.203
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts an amendment to §727.203, without changes to the proposed
text published in the February 11, 2000, issue of the
Texas Register
(25 TexReg 1078).
The justification for the amendment is to provide consistency and clarity
regarding the application of criminal and central registry history for all
persons. In addition, the amendment will allow the Director of Licensing to
have greater flexibility to approve persons for child care that no longer
pose a risk to children.
The amendment will function by increasing the number of adoptive homes,
foster parents, and quality child care providers. Currently, there is a well-recognized
shortage of these individuals. The amendment will allow individuals who have
old and/or minor criminal convictions, criminal deferred adjudications, or
central registry findings, but do not pose a risk to children, to be able
to request consideration to adopt, foster, and provide care to children.
No comments were received regarding adoption of the amendment.
Under section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapters 40 and 42; and the Health and Safety Code, Chapter 249,
which authorizes the Board to adopt rules relating to the regulation of maternity
homes.
The amendment implements the Health and Safety Code, Chapter 249.
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 March 31, 2000.
TRD-200002339
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 438-3437
Subchapter E. MEMORANDA OF UNDERSTANDING FOR COORDINATION OF APS INVESTIGATIONS
Subchapter G. APPLICATION FOR MEDICAID
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
Subchapter E. INTAKE, INVESTIGATION, AND ASSESSMENT
Subchapter O. FOSTER AND ADOPTIVE HOME DEVELOPMENT
Chapter 715.
DAY CARE LICENSING
Subchapter C. STANDARDS FOR KINDERGARTENS AND NURSERY SCHOOLS
Subchapter D. STANDARDS FOR SCHOOLS: GRADES KINDERGARTEN AND ABOVE
Subchapter E. MINIMUM STANDARDS FOR DAY CARE CENTERS
Subchapter G. STANDARDS FOR GROUP DAY CARE HOMES
Subchapter H. MINIMUM STANDARDS FOR DROP-IN CARE CENTERS
Chapter 720.
TWENTY-FOUR HOUR CARE LICENSING
Subchapter E. STANDARDS FOR FOSTER FAMILY HOMES
Subchapter F. STANDARDS FOR FOSTER GROUP HOMES
Subchapter H. CONSOLIDATED STANDARDS FOR 24-HOUR CARE FACILITIES
Subchapter M. STANDARDS FOR EMERGENCY SHELTERS
Chapter 725.
GENERAL LICENSING PROCEDURES
Subchapter S. ADMINISTRATIVE PROCEDURES
Subchapter U. DAY CARE LICENSING PROCEDURES
Subchapter EE. AGENCY AND INSTITUTIONAL LICENSING PROCEDURES
Subchapter YY. INSTITUTIONAL ADMINISTRATORS LICENSING
Chapter 725.
GENERAL LICENSING PROCEDURES
Subchapter S. ADMINISTRATIVE PROCEDURES
Subchapter U. DAY CARE LICENSING PROCEDURES
Subchapter EE. AGENCY AND INSTITUTIONAL LICENSING PROCEDURES
Subchapter YY. INSTITUTIONAL ADMINISTRATORS LICENSING
Chapter 727.
LICENSING OF MATERNITY FACILITIES
Chapter 736.
MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES