Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 54.
FAMILY VIOLENCE PROGRAM
The Texas Department of Human Services (DHS) adopts the repeal of §54.410
and §54.526 without changes to the proposed text as published in the
February 25, 2000, issue of the
Texas Register
(25 TexReg 1566). Amendments to §§54.101, 54.204, 54.406, 54.521,
54.703, and 54.804, and new §§54.1001, 54.1005, 54.1101, 54.1207,
54.1302,54.140, 54.1403, 54.1404, and 54.1501 - 54.1503, are adopted with
changes to the proposed text. Amendments to §§54.203, 54.205, 54.306,
54.308, 54.310 - 54.312, 54.402, 54.405, 54.407, 54.409, 54.414, 54.502, 54.504,
54.505, 54.507, 54.519, 54.606, 54.706, 54.707, 54.709, 54.710, 54.713, 54.718,
54.801, 54.806, and 54.808 - 54.811; new subchapters I, J, K, L, M, N, and
O; and new §§54.410, 54.526, 54.527, 54.901 - 54.904, 54.1002 -
54.1004, 54.1006 - 54.1008, 54.1102 - 54.1114, 54.1201 - 54.1206, 54.1301,
54.1303, 54.1402, and 54.1405 - 54.1414, are adopted without changes to the
proposed text and will not be republished.
At the request of the department the Texas Council on Family Violence convened
a rules workgroup made up of advocates from across the state. Additionally,
comments on the existing rules were solicited from all shelter center contractors.
The workgroup met several times and recommended revisions to the department
rules that clarify program, fiscal, and administrative requirements. The department
utilized the recommendations in developing the amendments and one new rule.
The new rule will function by ensuring that employees of shelter centers who
are victims of domestic violence are offered assistance by their employer
as they take steps to live free from violence.
The amendments and new sections will function by ensuring that employees
who are victims of domestic violence are offered assistance by their employer
as they take steps to live free from violence.
The Texas Council on Family Violence (TCFV) has suggested two rule changes
that were communicated to DHS through TCFV committee reports. The department
received comments from Aid to Victims of Domestic Abuse, National Training
Center on Domestic and Sexual Violence, and The Women's Advocacy Project,
Inc., regarding the proposed rules for special nonresidential projects. DHS
reviewed 24 comments and as a result has revised 15 of the rules. A summary
of the comments along with DHS's responses follows:
Shelter Centers
Comment: One committee comment recommended revising the following service
definitions that are included in §54.101: counseling services, education
arrangements for children, emergency medical care, emergency transportation,
legal assistance, referral system to existing community services, and training
and employment information.
Response: The definitions have been revised as recommended. The department
believes the revisions will clarify services to be provided.
Comment: One comment recommended revising §54.521 as follows:
Confidentiality of Staff Records. Shelter Center must have written policies
regarding:
(1) personnel information; and
(2) responses to requests made pursuant to the Texas Public Information
Act.
Response: This rule has been revised as recommended.
Special Nonresidential Projects
Comment: There was a general comment concerning the introductory statement
that there is no adverse effect on businesses because changes only affect
nonprofit family violence organizations. There were three comments that the
statement indicates that only current family violence contractors would be
affected.
Response: The language should read: "There will be no adverse economic
effect on large, small or micro businesses." It is our intention to include
any eligible nonprofit organization providing family violence services and
not to exclude new contractors.
Comments concerning §54.101(15): There were three comments that the
definition of victim of family violence should be expanded or mirror the Family
Code definition. The commenters explained that the current definition does
not include victims of violence in dating relationships who have never lived
together, violence between former household members, or violence between those
who have never lived together but have a biological child together.
Response: This rule has not been revised. This rule reflects the definition
of victim of family violence stated in Chapter 51 Human Resource Code, the
statute that governs the DHS Family Violence Program. It would therefore be
inappropriate for DHS to broaden the definition to include persons outside
the household.
Comment concerning §54.101(15): One comment to asked why sexual abuse
is differentiated from previously mentioned physical force and how "might
also include" will be interpreted.
Response: Sexual abuse is differentiated because physical force may not
be interpreted to include sexual abuse. The department believes those who
are sexually/emotionally abused by batterers should be eligible for services;
thus the sentence was added for clarification. DHS agrees that the language
in the last sentence is unclear and is revising the last sentence of the rule
to reflect this comment.
Comments concerning §54.1001(a): There were three comments that nonresidential
special projects should not be mandated to have involvement or collaboration
with the justice system, particularly if not relevant to the project or if
it might discourage certain groups of people from participating in services.
Response: This rule has been revised to make it clear that collaboration
with the justice system is not mandated; however, it is important that family
violence contractors know how and when to contact law enforcement for safety
purposes. Community resources will be further discussed in a management recommendation.
Comment concerning §54.1001(b): One comment asked why board minutes
are required and whether information which is unrelated to the project must
be included in board minutes.
Response: This rule has not been revised. Board minutes are relevant to
demonstrate board accountability and the fulfillment of roles and responsibilities,
and to document the existence of the corporation. It is important to note
that the Texas Nonprofit Corporation Act requires corporations to keep minutes
of the proceedings of their members and board of directors and committees
having any authority of the board of directors (Tex.Civ.Stat. Art. 1396-2.23).
DHS does not require a particular format for these minutes.
Comment concerning §54.1001(c): One comment asked that DHS define
"on-site".
Response: This rule has not been revised. "On-site" means that the records
are kept in the contractor's facilities. This is usually an administrative
office or direct service facility.
Comment concerning §54.1005(d): One comment asked if it is necessary
for DHS to have access to the organization's operating policies and procedures,
personnel manual and files, and if the rule applies only to documents directly
related to the special nonresidential project. The commenter suggested that
this requirement may be cumbersome for small organizations.
Response: DHS requires access to the contractor's operating policies and
procedures in order to ensure agency accountability and appropriate services
for victims. These documents may also be used to monitor the contractor's
performance. The rule has been revised to clarify that it applies only to
documents related to the nonresidential special project.
Comment concerning §54.1005(e): One comment asked why it is necessary
for the contractor to maintain a DHS
Family Violence
Special Nonresidential Project Manual
and where the manual should be
kept if services are being provided in a non-traditional social service setting.
Response: Maintenance of the DHS manual is necessary to ensure that staff
has access to the minimum standards under which the funding was awarded. The
manual should be kept in the direct service facility where services are performed.
If a direct service facility is not available, the manual should be kept in
the contractor's administrative office and be accessible to all staff funded
under the DHS Special Nonresidential Project. The language is revised to reflect
this comment.
Comment concerning §54.1101(f): One comment stated that getting a
fidelity bond may be difficult for a small organization and that redlining
of service providers by insurers is common in some communities. The commenter
suggested that since the contracts for special nonresidential projects are
relatively small and are cost reimbursement contracts this requirement may
not be necessary.
Response: This rule has been revised to reflect this comment. DHS believes
that the points outlined above are legitimate and as a result §54.1101(f)
has been deleted.
Comment concerning §54.1206: One comment stated that the initial training
requirements are not appropriate and may be cumbersome for small organizations.
Response: This rule has not been revised. The initial training requirement
applies only to positions funded by DHS and assures minimal training for each
funded staff position. DHS believes the initial training requirements are
appropriate and that they ensure/document minimal training for each funded
staff position. It is important to clarify that this applies only to positions
funded by DHS and that the format and length of the training are left to the
discretion of each contractor.
Comment concerning §54.1207: One comment stated that the record retention
requirements are not reasonable. The commenter asked if this rule applies
to contract workers and staff files not directly related to the project.
Response: This rule has been revised to clarify that record retention requirements
apply only to DHS funded positions.
It should also be noted that the federal OMB curricular A-110 Subpart C.53
requires that all records pertinent to an award shall be retained for a period
of three years from the date of submission of the final expenditure report.
Comments concerning §54.1301(c): There were two comments that the
proposed rule uses the language "If face-to-face services are offered" and
that this language is contradictory to the requirement of providing core services.
Response: This rule has not been revised. The core services specified in §54.1501
must be available to eligible clients but are not mandated to be provided
by the contractor for all clients; therefore the core services do not necessarily
require face-to-face direct services. For example, if an organization is funded
to conduct community presentations on domestic violence, it will not be required
to provide core services to all audience members; however, if an audience
member discloses domestic violence and requests the core services, the organization
must provide those services to that individual.
Comments concerning §54.1302(a): There were three comments that this
rule assumes the contractor is providing family violence services only. The
commenter asked how this rule applies to an organization that serves other
types of clients (which might include batterers) in addition to family violence
clients.
Response: DHS agrees that safety and security procedures should be specific
to each contractor since the contractor may serve non-family violence clients.
The rule has been revised to reflect this comment.
Other language contained in the original proposed rule will become a management
recommendation.
Comment concerning §54.1302 and §54.1303: One comment was that
reference is made to children's services yet the definition of family violence
victim does not include children.
Response: This rule has not been revised. The DHS definition is based on
Chapter 51 Human Resources Code which includes an individual who resides in
the same household. Minors may be served independently of the adult victim,
as described in §54.1402.
Comment concerning §54.1402: There was one comment that the rule refers
to victims of family violence as defined in the DHS
Family Violence Special Nonresidential Project Manual
and goes on to
describe services to minors, yet minors are not a part of the definition of
family violence victim.
Response: This rule has not been revised. The DHS definition is based on
Chapter 51 Human Resources Code which includes an individual who resides in
the same household. Minors may be served independently of the adult victim,
as described in §54.1402.
Comments concerning §54.1403: Two comments stated that the rule does
not account for the fact that some persons receiving services are not considered
formal clients. The commenters offered examples including clients served through
school programs and women's meetings, etc. at which an intake form may not
be completed.
Response: There may be projects related to group settings in which eligibility
procedures may not apply. Therefore, depending on the type of project, DHS,
with input from the contractor, will determine client eligibility procedures.
The rule language is revised to reflect this comment.
Comments concerning §54.1403: There were three comments that subsection
(a)(2) refers to the requirements as defined in the plan of operation if serving
a specific underserved community, but (b)(1) is contradictory because it states
"without regard to income." The commenter explains that this rule would preclude
serving low-income people or welfare recipients.
Response: This rule has been revised. It is important to note that the
federal Family Violence Prevention and Services Act under which these services
are funded mandates that no income eligibility standard will be imposed on
individuals receiving assistance or services supported with funds appropriated
to carry out the Act (42 USCA 10402(d)). Subsection (a)(2) will be deleted
to remove language that might be interpreted as contradictory. Remaining subsections
of the rule (b) - (e) will be adopted as proposed.
Comments concerning §§54.1404 - 1414: There were three comments
that these rules do not take different methods of service delivery into account
but assume that formal, ongoing counseling services will be delivered by each
special nonresidential project contractor.
Response: One rule in this section has been revised to clarify that the
rule applies only to face-to-face services. The intent of these rules is not
to mandate formal counseling services for each client, but to ensure confidentiality
for all clients served. It is important to note that the Family Violence Prevention
and Services Act requires DHS to provide a copy of the procedures developed
and implemented that assure the confidentiality of records pertaining to any
individual provided family violence prevention or treatment services by any
program assisted under the Act. §54.1404(b) and (c) are revised to reflect
these comments.
Comment concerning §54.1410: One comment was that releases of information
should not have ending dates. The commenter cites examples when this could
cause problems, such as if staff is waiting on return phone calls and the
release period ends or the client terminates services earlier than expected
and the release is still active. The commenter suggested having no end date
but giving the client the option to rescind the release at any time.
Response: The proposed rule will not be revised. DHS believes that it is
not feasible to ask clients to be responsible for rescinding releases, and
it could be dangerous for clients to have a release without an ending date.
In order to ensure that the client's confidentiality is adequately protected,
DHS believes that an ending date is necessary.
Comments concerning §54.1501(10): There were three comments that special
nonresidential projects should not be mandated to provide core services. Commenters
indicated the requirement of core services is cumbersome, makes the project
comprehensive rather than specialized, may be costly, and does not allow for
innovation and diversity of services.
Regarding subsection (b), one commenter suggested that the answering machine
requirement is not reasonable.
Response: While DHS does not intend to limit specialization or innovation
of services, DHS believes certain core services are needed to promote safety
for family violence victims regardless of the type of special project. It
is important to note that requirements regarding information may be met through
brochures or other written materials. DHS has funded over 50 of these types
of projects since 1997 and has not previously received feedback from contractors
or potential contractors indicating that the core services were unreasonable.
Core services are required to be available at the request of a client;
however, it is not mandated that the contractor provide each of these services
for each client. This rule has been revised to explain that the access to
a 24 hour hotline may be provided directly or through a formal written agreement
with a DHS-approved entity.
Comment concerning §54.1501(c): One comment was that this rule may
not be realistic for contractors if the staff/volunteer works only at specified
times or if the family violence project is a relatively small part of the
staff's or volunteer's responsibilities.
Response: As a result of the deletion of subsection (b), this rule is changed
to §54.1501(b), however the rule language has not been revised. It is
important to note that DHS is not mandating direct access when the staff or
volunteer is away from the office. There should be a designated system in
place for leaving messages during regular business hours if the staff or volunteer
is not available. This clarification will be explained through a management
recommendation.
Comment concerning §54.1501(d)(1): One comment requested that DHS
explain the phrase, "Callers have access to immediate intervention 24 hours
a day." The commenter suggested that this is not reasonable and limits which
contractors can apply for the funding.
Response: As a result of the deletion of subsection (b), this rule is changed
to §54.1501(c). The rule has been revised to reflect this comment.
Comments concerning §54.1502: Three comments stated that it is unreasonable
to mandate this type of orientation, especially if the contractor only meets
with a client once or twice. Commenters also suggested that an orientation
of this detail may be confusing and intimidating for some clients.
Response: DHS believes that this information is necessary to protect the
basic rights of clients. Contractors have sole discretion regarding the length
and format (verbal or written) of the orientation. The rule has been revised
to clarify that it applies only to contractors providing face-to-face direct
services.
Comment concerning §54.1503: One comment indicated that termination
procedures are not necessary. The commenter explained that if a client wants
to terminate services, he/she will do so and that the proposed rule presumes
ongoing services.
Response: This rule has been revised to clarify that it applies to ongoing
services.
In addition, the department has initiated minor editorial changes to the
text of §54.204(1)(O) by deleting the period and adding a semicolon and
the word "and"; to §54.406 by changing "Title 51, Chapter 2" to read
"Title 2, Chapter 51"; to §54.703(b) by changing "with DPRS" to read
"with TDPRS"; to §54.703(c)(1) by adding a comma after "Title 2"; to §54.804(c)(3)(E)
by adding the word "and"; to §54.1001(a) by changing "effectively the
deliver" to read "effectively deliver the"; and to §54.1206(a)(11) by
changing
"Family Violence Special Nonresidential
Projects Manual"
to read
"Family Violence
Special Nonresidential Project Provider Manual."
These changes are
incorporated to clarify and improve the accuracy of the sections.
Subchapter A. DEFINITIONS
40 TAC §54.101
The amendments are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The amendments implement the Human Resources Code, Chapter 51.
§54.101.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Civil justice system--A network of courts and legal processes
that enforce, redress, or protect private rights.
(2)
Community education--Heightening public awareness about
family violence and the availability of services for victims of family violence.
(3)
Cooperation with criminal justice officials--Making efforts
on behalf of victims of family violence to:
(A)
establish ongoing working relationships with the local
criminal justice system, including but not limited to law enforcement, prosecutors,
the courts, probation, and parole; and
(B)
educate the local criminal justice system about family
violence and the need for policies that ensure safety for victims of family
violence and hold batterers accountable.
(4)
Counseling services--Face-to-face intervention services
for a resident or nonresident child/adult that provide safety planning, understanding
and support, advocacy, case management, information and education, and resource
assistance to victims of family violence.
(5)
Criminal justice system--a network of court and legal processes
that deal with penal law and its enforcement; an offense against the state.
(6)
Crisis call hotline--A telephone number that is answered
by trained shelter center volunteer(s), staff, or Texas Department of Human
Services-approved services contractors who provide immediate intervention
through safety planning (assess for danger); understanding and support; and
information, education, and referrals to victims of family violence twenty-four
hours a day, every day of the year.
(7)
Education arrangements for children--Services that result
in a resident or nonresident child being in compliance with the compulsory
attendance requirements found in the education code. Examples include providing
clothing or supplies for school and conferring with school teachers or administrators.
It does not include transportation.
(8)
Emergency medical care--Face-to-face assistance in responding
to any urgent medical situation for the adult/child residents or nonresidents
accessing shelter center services.
(9)
Emergency transportation--Arranging transportation
(A)
to and from emergency medical facilities for shelter residents
and nonresidents, and/or
(B)
from a safe place to the shelter for persons being considered
for acceptance as residents of the shelter and who are located within the
shelter's service area.
(10)
Family violence special nonresidential project--A program
that is established by a public or private nonprofit organization and provides
at least one specialized family violence service as well as all required core
services as described in the DHS
Family Violence
Special Nonresidential Project Provider Manual
, Service Delivery section.
(11)
Legal assistance--Providing services directly to the client
that include assisting adult/child residents or nonresidents in safety planning,
identifying individual legal needs; legal rights and options; and providing
support and accompaniment in their pursuit of those options.
(12)
Referral system to existing community services--Providing
information and referring adult/child residents or nonresidents to existing
community resources, including but not limited to medical care, legal assistance,
Department of Protective and Regulatory Services, resource assistance, public
assistance, counseling and treatment services, children's services, and other
appropriate family violence services.
(13)
Training and employment information--Providing information
and referrals to adult/child residents or nonresidents about employment training
and employment opportunities, either directly or through formal arrangements
with other agencies.
(14)
Twenty-four-hour-a-day shelter--A shelter that provides
access, admittance, and temporary emergency shelter residence for victims
of family violence twenty-four hours a day, every day of the year in a facility
exclusively serving victims of family violence; a series of safe homes; or
a designated section of another kind of emergency shelter. Motels may be used
for overflow or in outlying counties but must not be used exclusively in place
of one of the three types of shelters.
(15)
Victim of family violence--An adult who is subjected to
physical force or the threat of physical force by another who is related by
affinity or consanguinity to that adult, who is a former spouse of that adult,
or who resides in the same household with that adult; or an individual, other
than an individual using physical force or the threat of physical force, who
resides in the same household with a victim of family violence as defined
above. Victims of family violence may also have been subjected to sexual and/or
emotional abuse by their batterers.
(16)
Volunteer recruitment and training program--A process
for soliciting a diverse group of persons from the community and providing
them with information about family violence and services for victims of family
violence through a structured orientation in order to work as non-paid staff.
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 August 7, 2000.
TRD-200005469
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.203 - 54.205
The amendments are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The amendments implement the Human Resources Code, Chapter 51.
§54.204.Orientation.
New board members must:
(1)
be provided a board handbook which will include at a minimum:
(A)
board member job description;
(B)
current list of board members with mailing addresses and
telephone numbers;
(C)
agency mission statement;
(D)
agency bylaws and a copy of the letter granting 501(c)
(3) status;
(E)
committee list with assignments of all board members and
staff;
(F)
committee descriptions;
(G)
policies of the agency;
(H)
organizational chart;
(I)
agency history;
(J)
program services list;
(K)
current budget, including funding sources and subcontractors;
(L)
brief description of contract provisions with attorneys,
auditors, or other professionals;
(M)
basic information about family violence;
(N)
brief history of the Texas battered women's movement; and
(O)
brief summary of Texas laws that address family violence
issues; and
(2)
have access to a copy of the Texas Non-Profit Corporation
Act; and
(3)
have access to a copy of the Texas Department of Human
Services Family Violence Program Provider Manual.
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 August 7, 2000.
TRD-200005470
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.306, 54.308, 54.310 - 54.312
The amendments are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The amendments implement the Human Resources Code, Chapter 51.
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 August 7, 2000.
TRD-200005471
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.402, 54.405 - 54.407, 54.409, 54.410, 54.414
The amendments and new section are adopted under the Human
Resources Code, Title 2, Chapter 51, which provides the department with the
authority to administer family violence programs.
The amendments and new section implement the Human Resources Code, Chapter
51.
§54.406.General Management and Overhead Costs.
General management and overhead costs such as salaries, rent, and electricity,
must be allocated between funding sources if the shelter center provides services
other than those mandated in the Human Resources Code, Title 2, Chapter 51.
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 August 7, 2000.
TRD-200005472
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §54.410
The repeal is adopted under the Human Resources Code, Title
2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The repeal implements the Human Resources Code, Chapter 51.
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 August 7, 2000.
TRD-200005473
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.502, 54.504, 54.505, 54.507, 54.519, 54.521, 54.526, 54.527
The amendments and new sections are adopted under the Human
Resources Code, Title 2, Chapter 51, which provides the department with the
authority to administer family violence programs.
The amendments and new sections implement the Human Resources Code, Chapter
51.
§54.521.Confidentiality of Staff Records.
Shelter centers must have written policies regarding:
(1)
personnel information; and
(2)
responses to requests made pursuant to the Texas Public
Information Act.
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 August 7, 2000.
TRD-200005474
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §54.526
The repeal is adopted under the Human Resources Code, Title
2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The repeal implements the Human Resources Code, Chapter 51.
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 August 7, 2000.
TRD-200005475
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §54.606
The amendment is adopted under the Human Resources Code, Title
2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The amendment implements the Human Resources Code, Chapter 51.
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 August 7, 2000.
TRD-200005476
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.703, 54.706, 54.707, 54.709, 54.710, 54.713, 54.718
The amendments are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The amendments implement the Human Resources Code, Chapter 51.
§54.703.Client Eligibility and Minors.
(a)
Shelter centers that are not licensed to provide residential
child care must not provide 24-hour-a-day shelter to a person less than 18
years old unless that person is accompanied by a parent, legal guardian, is
legally emancipated, or is a minor mother.
(b)
The Texas Department of Protective and Regulatory Services
(TDPRS) child care licensing. Shelter centers providing services to children
and under the jurisdiction of the child care licensing regulations must have
written policies and procedures ensuring compliance with TDPRS child care
licensing rules and regulations.
(c)
Services to minors when parent is not receiving services.
Shelter centers providing nonresidential services to minors when the parent
is not receiving services must ensure the
(1)
minor self discloses that he/she resides in the same household
with a victim of family violence as defined in the Human Resources Code (HRC),
Title 2, Chapter 51; and
(2)
shelter center has parental consent to provide the minor
with nonresidential services; or
(3)
shelter center complies with the Texas Family Code, Chapter
32.004, if parental consent is not obtained.
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 August 7, 2000.
TRD-200005477
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.801, 54.804, 54.806, 54.808 - 54.811
The amendments are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The amendments implement the Human Resources Code, Chapter 51.
§54.804.Initial Delivery of Direct Services.
(a)
Initial delivery of adult resident direct services. Shelter
centers must:
(1)
ensure and document that new adult residents have face-to-face
contact with a staff person within 16 hours of the resident's admission.
(2)
have written procedures ensuring that each adult resident
is provided an orientation within 16 hours of the resident's arrival about
shelter center services. The orientation must be documented and include but
not be limited to:
(A)
explanation of services available;
(B)
cooperative living agreement, an agreement between the
shelter and the residents promoting health, safety, and daily shelter operations;
(C)
length of stay;
(D)
termination policy;
(E)
residents' rights;
(F)
nondiscrimination statement;
(G)
grievance procedures;
(H)
safety and security procedures, including medication;
(I)
confidentiality and limits of confidentiality, and
(J)
waivers of liability.
(b)
Initial delivery of adult nonresident direct services.
Shelter centers must have written procedures ensuring that each adult nonresident
is provided an orientation. The orientation must be documented and include
but not be limited to:
(1)
explanation of services available;
(2)
termination policy;
(3)
nonresidents' rights;
(4)
nondiscrimination statement;
(5)
grievance procedures;
(6)
safety and security procedures;
(7)
confidentiality and limits of confidentiality; and
(8)
waivers of liability.
(c)
Initial delivery of children's direct services and designating
an advocate. Shelter centers must
(1)
have written procedures ensuring that new child residents
and/or parent residents will have face-to-face contact with the designated
children's staff. This service must be documented;
(2)
designate at least one staff person, either paid or volunteer,
to act as a children's advocate;
(3)
document in writing that the designated staff acting as
children's advocate has the following:
(A)
knowledge of child development, parenting skills, and dynamics
of family relationships;
(B)
sensitivity to the needs of children;
(C)
ability to respond in a constructive, supportive manner
to the resident parent and child in crisis;
(D)
ability to plan and implement activities for children;
and
(E)
knowledge of the local network of children's services;
and
(4)
have services available that are specific to meet the needs
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 August 7, 2000.
TRD-200005478
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.901 - 54.904
The new sections are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The new sections implement the Human Resources Code, Chapter 51.
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 August 7, 2000.
TRD-200005479
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.1001 - 54.1008
The new sections are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The new sections implement the Human Resources Code, Chapter 51.
§54.1001.Eligibility to Contract.
(a)
To be eligible to apply for a contract, the applicant must
be a public or private nonprofit organization. Funds will be awarded to organizations
which best demonstrate the ability to effectively deliver the services outlined
in the Request for Proposal published in the
Texas
Register
and agree to comply with the criteria established in the
(b)
The special nonresidential project contractor must maintain
and provide to the Texas Department of Human Services, as requested, the following
documentation:
(1)
articles of incorporation;
(2)
by-laws;
(3)
tax exemption certification;
(4)
board minutes;
(5)
fiscal audits or financial statements;
(6)
informational materials;
(7)
case records, if applicable; and
(8)
other relevant material.
(c)
The documentation specified in subsection (b) of this section
must be maintained by the special nonresidential project contractor in a readily
accessible on-site location.
§54.1005.Contractor's Records.
(a)
Contractors must allow the Texas Department of Human Services
(DHS) and all appropriate federal and state agencies or their representatives
to inspect, monitor, or evaluate client records, books, and supporting documents
pertaining to services provided. Contractors and subcontractors must make
documents available at reasonable times and for reasonable periods.
(b)
Contractors must keep financial and supporting documents,
statistical records, and any other records pertinent to the services for which
a claim or cost report is submitted to DHS or its agent. The records and documents
must be kept for a minimum of three years and 90 days after the end of the
contract period. If any litigation, claims, or audit involving these records
begins before the three-year period expires, the contractor must keep the
records and documents for not less than three years and 90 days or until all
litigation, claims, or audit findings are resolved.
(c)
Each contractor must maintain the following DHS contract
documents:
(1)
a copy of the contract including approved budget and plan
of operation;
(2)
contract amendments, budget revisions, and other correspondence
with DHS;
(3)
copies of all monthly billing and client service forms
and other DHS forms as required;
(4)
copies of contractor's audit reports and related correspondence;
and
(5)
copies of DHS's monitoring and evaluation reports, documentation
of corrective actions, and related correspondence.
(d)
The special nonresidential project contractor must maintain
the following documentation in a readily accessible location:
(1)
the organization's operating policies and procedures related
to the nonresidential special project;
(2)
personnel manual and staff personnel files related to the
nonresidential special project; and
(3)
fiscal manual and accounting records that support DHS expenditures.
(e)
The special nonresidential project contractor must maintain
at least one copy of the DHS
Family Violence Special
Nonresidential Project Provider Manual
at all separate locations where
services are performed or administered. Contractors must ensure that:
(1)
all staff and volunteers have access to the DHS
Family Violence Special Nonresidential Project Provider Manual
; and
(2)
there are written procedures for the distribution and training
of staff on manual revisions, policy interpretations, and the special nonresidential
project contractor's operating policies and procedures.
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 August 7, 2000.
TRD-200005480
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.1101 - 54.1114
The new sections are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The new sections implement the Human Resources Code, Chapter 51.
§54.1101.Accounting System Requirements.
(a)
Special nonresidential project contractors must maintain
an accounting system which records revenues and expenditures using generally
accepted accounting principles.
(b)
Each special nonresidential project contractor must have
a chart of accounts which lists all accounts by an assigned number.
(c)
Accounting records include the general ledger and all subsidiary
ledgers. Supporting documentation for all revenues and expenditures must be
maintained for all expenditures charged to the Texas Department of Human Services
(DHS) contract. Supporting documentation includes, but is not limited to:
(1)
receipts or vouchers for revenues;
(2)
bank statements;
(3)
canceled checks;
(4)
deposit slips;
(5)
approved invoices;
(6)
receipts;
(7)
leases;
(8)
contracts;
(9)
time sheets;
(10)
inventory; and
(11)
cost allocation worksheets.
(d)
Financial records must identify all funding sources and
expenditures by separate fund type, for example, fund accounting.
(e)
Special nonresidential project contractors must use a double
entry accounting system. It can be cash, accrual, or modified accrual.
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 August 7, 2000.
TRD-200005481
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.1201 - 54.1207
The new sections are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The new sections implement the Human Resources Code, Chapter 51.
§54.1207.Record Retention.
All personnel documents, for positions funded by DHS, hiring information
including applications, and all supervisory notes involving personnel decisions
must be retained by the special nonresidential project contractor for three
years and 90 days or until all litigation, claims, or audit findings are resolved,
whichever is longer. Documents of contract workers must also be in compliance
with record retention requirements.
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 August 7, 2000.
TRD-200005482
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.1301 - 54.1303
The new sections are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The new sections implement the Human Resources Code, Chapter 51.
§54.1302.Safety and Security.
(a)
Special nonresidential project contractors must have written
policies and procedures to promote the safety and security of clients and
staff as appropriate for the parameters of the special project.
(b)
Special nonresidential project facilities must have all
exits clearly marked with appropriate exit signs.
(c)
Special nonresidential project contractors providing services
to children must:
(1)
develop and endorse written nonviolent disciplinary policies
and procedures regarding child clients;
(2)
comply with all applicable federal, state, and city regulations
regarding smoking, including but not limited to the Pro-Children Act of 1994
and the Health and Safety Code, Chapter 161;
(3)
ensure the safety of children in special nonresidential
project facilities and maintain the safety of children if staff or volunteers
take them on outings; and
(4)
maintain a first aid kit in its facilities which is accessible
to staff and volunteers.
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 August 7, 2000.
TRD-200005483
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.1401 - 54.1414
The new sections are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The new sections implement the Human Resources Code, Chapter 51.
§54.1401.Client Eligibility State and Federal Laws.
(a)
Eligible persons are victims of family violence as defined
in the
Family Violence Special Nonresidential Project
Provider Manual
.
(b)
When determining client eligibility, special nonresidential
project contractors must have written policies and procedures ensuring compliance
with all federal and state laws including:
(1)
Title VI of the Civil Rights Act of 1964 (Public Law 88-352);
(2)
Section 504 of the Rehabilitation Act of 1973 (Public Law
93-112);
(3)
the Americans with Disabilities Act of 1990 (Public Law
101-336); and
(4)
the Age Discrimination Act.
(c)
Special nonresidential project contractors must comply
with all amendments to each, and all requirements imposed by the regulations
issued pursuant to the acts listed in subsection (b) of this section.
(d)
Special nonresidential project contractors must comply
with Chapter 73 of the Human Resources Code (relating to Civil Rights).
(e)
Special nonresidential project contractors must comply
with the Texas Health and Safety Code, 85.113.
§54.1403.Client Eligibility Policies and Procedures.
(a)
Special nonresidential project contractors may be required
to have written client eligibility and screening procedures that are based
on an individual's status as a victim of family violence.
(b)
Special nonresidential project contractors must have written
policies and procedures to ensure services to eligible victims of family violence:
(1)
without regard to income; and
(2)
who do not contribute, donate, or pay for these services.
(c)
When determining client eligibility, special nonresidential
project contractors must not discriminate based on gender and/or sexual orientation.
(d)
Special nonresidential project contractors must have written
procedures for access and delivery of services to non-English speaking persons
and make every reasonable effort to serve non-English speaking persons.
(e)
Special nonresidential project contractors must have written
policies outlining behaviors that preclude otherwise eligible individuals
from receiving special nonresidential project contractor services.
§54.1404.Confidentiality Policy and Procedures.
(a)
Special nonresidential project contractors must have a
written confidentiality policy which demonstrates that services will be delivered
in a manner that ensures client confidentiality regarding records and information.
(b)
If face-to-face direct services are provided, special nonresidential
project contractors must fully inform clients in writing what information
is recorded, why, and the methods of collection.
(c)
If face-to-face direct services are provided, adult clients
must be advised in writing of at least the following:
(1)
their right to see their records;
(2)
the special nonresidential project contractor's policy
and practices on confidentiality;
(3)
the current status of confidentiality laws in Texas, such
as privileged communications and mandatory reporting for child, elder, and
disabled abuse;
(4)
what information is required to be reported and why, such
as duty to warn and child abuse;
(5)
the special nonresidential project contractor's policy
for responding to court orders;
(6)
the special nonresidential project contractor's policy
for release of information;
(7)
when the records will be decoded or destroyed; and
(8)
what information will remain in the file once a client
terminates services.
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 August 7, 2000.
TRD-200005484
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
40 TAC §§54.1501 - 54.1503
The new sections are adopted under the Human Resources Code,
Title 2, Chapter 51, which provides the department with the authority to administer
family violence programs.
The new sections implement the Human Resources Code, Chapter 51.
§54.1501.Required Core Services.
(a)
Family violence special nonresidential project contractors
at a minimum must offer and be able to provide the following services to eligible
family violence clients:
(1)
safety planning, including ongoing assessment of risk of
violence and development of strategies to enhance safety, and appropriate
family violence information regarding hotlines;
(2)
information about the person's legal rights and options
and referral to legal resources;
(3)
information about the dynamics of family violence;
(4)
information about and referral to existing community resources,
including but not limited to medical care, legal assistance, Texas Department
of Protective and Regulatory Services, public assistance, counseling and treatment
services, children's services, and other appropriate family violence services.
Special nonresidential project contractors must maintain and make readily
accessible to staff and volunteers a current printed referral list including
telephone numbers of existing community resources for each county where services
are provided; and
(5)
understanding and support of victims including active listening,
addressing the needs identified by the individual, problem solving, and recognition
that the victim is responsible for his/her own life decisions and the batterer
is responsible for the violent behavior.
(b)
Family violence special nonresidential project contractors
must provide telephone access to family violence staff or volunteers during
regular business hours.
(c)
If hotline services are offered and funded by DHS, family
violence special nonresidential project contractors must have written procedures
assuring that:
(1)
callers have access to a hotline 24 hours a day every day
of the year. This service must be provided directly or may be provided through
a formal written agreement with a DHS-approved entity.
(2)
special nonresidential project contractors have written
procedures to assess the victim's safety.
(3)
if special nonresidential project contractors have an arrangement
with a DHS-approved contract service, they have a written policy that addresses
how the special nonresidential project will provide immediate access to 24-hour-a-day
hotline crisis intervention.
(4)
the hotline is answered 24 hours a day, every day of the
year, by an individual trained in crisis intervention or who has immediate
access to someone who has had this training. Blocks must be provided on agency
numbers for outgoing calls to clients.
(5)
the hotline number is listed in all local telephone books
and widely distributed or available from local telephone information services
within the special nonresidential project's service area.
(6)
special nonresidential project contractors have a minimum
of two telephone lines.
(7)
special nonresidential project contractors do not use an
answering machine to answer their hotline.
(8)
special nonresidential project contractors have written
procedures ensuring that collect calls from victims of family violence are
accepted, and that there are no blocks on anonymous incoming calls.
(9)
all hotline calls and any related documentation is kept
confidential.
(10)
if the hotline is used to screen for eligibility for services,
the screening process complies with all state and federal laws.
(11)
hearing-impaired victims of family violence have equal
access to the crisis call hotline.
(12)
special nonresidential project contractors have written
procedures to respond to non-English speaking persons.
(13)
if violent family members call the crisis call hotline,
special nonresidential project contractors offer appropriate information and
referral to battering intervention services.
(14)
special nonresidential project contractors utilizing caller
ID or any other technology that establishes a record of calls on the crisis
call hotline develop written policies and procedures which:
(A)
ensure there will not be a breach of confidentiality to
third parties;
(B)
limit access to the records generated by these devices;
and
(C)
ensure training to staff on all caller ID policies and
procedures.
§54.1502.Initial Delivery of Direct Services.
Initial delivery of adult client direct services. Special nonresidential
project contractors providing face-to-face direct services must have written
procedures ensuring that each adult client is provided information to include
but not be limited to:
(1)
explanation of services available;
(2)
termination policy;
(3)
client rights;
(4)
nondiscrimination statement;
(5)
grievance procedures;
(6)
safety and security procedures;
(7)
confidentiality and limits of confidentiality; and
(8)
waivers of liability (if applicable).
§54.1503.Voluntary and Involuntary Termination of Services.
(a)
Special nonresidential project contractors providing ongoing
face-to-face direct services must have written procedures for:
(1)
voluntary and involuntary termination of services; and
(2)
appealing terminations.
(b)
Clients must be informed in writing of their right to appeal
a termination of services. Notice to the client must be provided and a fair
hearing conducted according to the Texas Department of Human Services (DHS)
rules for fair hearings as specified in Chapter 79 of this title (relating
to Legal Services).
(c)
Special nonresidential project contractors must have written
policies outlining behaviors for which services can be terminated. Threatening
or inappropriate behaviors must be non-gender specific and must apply equally
to all nonresidents.
(d)
For clients for whom services were previously terminated
and who are requesting services, nonresidential centers must have written
procedures that take the victim's safety into consideration.
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 August 7, 2000.
TRD-200005485
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 27, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 438-3765
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §362.1, Definitions, without changes to the proposed text
as published in the May 19, 2000, issue of the
Texas
Register
(25 TexReg 4505), and will not be republished. The amendment
will add definitions for terms which are used in the rules, but which are
not defined.
The definition of Health Care Condition as synonymous with Medical Condition
will clear up confusion in terms.
No comments were received regarding these amendments.
The rule is adopted under the Occupational Therapy Practice Act,
Title 3, Subchapter H, Chapter 454, Occupations Code, which provides the Texas
Board of Occupational Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
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 August 1, 2000.
TRD-200005356
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: August 21, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 305-3962
40 TAC §367.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §367.1, Continuing Education, without changes to the proposed
text as published in the May 19, 2000, issue of the
Texas Register
(25 TexReg 4507), and will not be republished. With
this rule there will be greater administrative efficiency and a reduction
in confusion in reference to the random audit process. This amendment sets
a time frame for retention of proof of continuing education documentation,
and explains the audit, and the documentation required for the audit.
No comments were received regarding these amendments.
The rule is adopted under the Occupational Therapy Practice Act,
Title 3, Subchapter H, Chapter 454, Occupations Code, which provides the Texas
Board of Occupational Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
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 August 1, 2000.
TRD-200005355
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: August 21, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 305-3962
40 TAC §372.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §372.1, Provision of Services, without changes to the proposed
text as published in the May 19, 2000, issue of the
Texas Register
(25 TexReg 4507), and will not be republished. The amendment
will clarify wording to reflect Legislative changes to the Act.
This amendment reflects changes, which allows OTRs and LOTs to accept referrals
from all qualified health care providers.
No comments were received regarding these amendments.
The rule is adopted under the Occupational Therapy Practice Act,
Title 3, Subchapter H, Chapter 454, Occupations Code, which provides the Texas
Board of Occupational Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
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 August 1, 2000.
TRD-200005354
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: August 21, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 305-3962
Subchapter B. BOARD OF DIRECTORS
Subchapter C. CONTRACT STANDARDS
Subchapter D. FISCAL MANAGEMENT
Subchapter E. SHELTER PERSONNEL
Subchapter F. FACILITY SAFETY AND HEALTH
Subchapter G. PROGRAM ADMINISTRATION
Subchapter H. SERVICE DELIVERY
Subchapter I. BOARD OF DIRECTORS
Subchapter J. CONTRACT AND FISCAL STANDARDS
Subchapter K. FISCAL MANAGEMENT
Subchapter L. PERSONNEL
Subchapter M. FACILITY SAFETY AND HEALTH
Subchapter N. PROGRAM ADMINISTRATION STANDARDS
Subchapter O. SERVICE DELIVERY
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Chapter 367.
CONTINUING EDUCATION
Chapter 372.
PROVISIONS OF SERVICES
Part 20.
TEXAS WORKFORCE COMMISSION