Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 49.
CONTRACTING FOR COMMUNITY CARE SERVICES
40 TAC §49.5, §49.19
The Texas Department of Human Services (DHS) adopts amendments
to §§49.5 and 49.19, without changes to the proposed text published
in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10841).
The justification for the amendment to §49.5 is to specify that DHS
may terminate the assignor's contract when the assignee does not meet the
conditions for contracting. When the provider's contract is terminated because
the assignee did not meet the conditions for contracting, DHS will establish
a timeframe for terminating the contract to allow sufficient time for transferring
clients. This change was prompted by a realization that a provider's contract
could be terminated when the assignee did not meet the conditions for contracting,
regardless of the assignor's compliance with program requirements. Also, the
rule allows DHS sufficient time to transfer clients before terminating the
contract. The justification for the amendment to §49.19 is to add a provision
for contract termination when a provider does not deliver Community Care services
for six consecutive months. This rule will eliminate administrative responsibilities,
such as conducting monitoring visits and training associated with providers
that are not actively participating. Before terminating a provider's contract,
DHS will ensure adequate availability of providers in a geographic area.
The amendments will function by allowing DHS to evaluate a provider's compliance
history prior to terminating the agency's contract when the agency attempts
to assign a contract to an entity that does not meet the requirements for
contracting. Also, the change will allow DHS contract management staff to
focus their attention on providers who are actively participating in the program.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority 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 §§22.001-22.030 and 32.001-32.042 of
the Human Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 24, 2000.
TRD-200000455
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 15, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 438-3108
Chapter 153.
OFFENDER EDUCATION PROGRAMS
Subchapter A. GENERAL PROVISIONS AND PROCEDURES
40 TAC §153.7
The Texas Commission on Alcohol and Drug Abuse adopts an
amendment to §153.7 concerning General Provisions and Procedures without
changes to the proposed text as published in the October 29, 1999 issue of
the
Texas Register
(24 TexReg 9601).
This section contains information regarding sanctions.
This amendment is adopted to specify that violations of requirements are
sufficient cause for revocation or denial of approval, certification or renewal
of instructors or administrators as well as programs.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the under the Texas Transportation
Code, §§521.374-521.376, the Texas Alcoholic Beverage Code, §106.115,
the Texas Health and Safety Code, §461.012(18), and the Texas Code of
Criminal Procedure, Article 42.12, which provide the Texas Commission on Alcohol
and Drug Abuse with the authority to promulgate written rules setting forth
minimum standards for the approval or certification of offender education
programs.
The codes affected by the adopted rule are Texas Transportation Code, §§521.374-521.376,
the Texas Alcoholic Beverage Code, §106.115, the Texas Health and Safety
Code, §461.012(18), and the Texas Code of Criminal Procedure, Article
42.12.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 26, 2000.
TRD-200000519
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: March 1, 2000
Proposal publication date: October 29, 1999
For further information, please call: (512) 349-6733
40 TAC §§153.33, 153.41, 153.42, 153.44, 153.52-153.55
The Texas Commission on Alcohol and Drug Abuse adopts amendments
to §§153.33, 153.41, 153.42, 153.44, and 153.52-153.55 concerning
Program Standards without changes to the proposed text as published in the
October 29, 1999 issue of the
Texas Register
(24 TexReg 9601).
These sections contain information on uniform certificates of course completion,
classroom facilities and equipment, program administration, program instructors,
additional requirements for Drug Offender Education Programs, additional requirements
for Alcohol Education Program for Minors, additional requirements for DWI
Education Programs, and additional requirements for DWI Intervention Programs.
These amendments are adopted to stipulate requirements regarding retention
and forwarding of certificates of course completion; to clarify that sessions
must be conducted in appropriate classroom facilities and settings that comply
with the Americans with Disabilities Act of 1990; to eliminate a redundant
statement regarding the requirement for program administrators to successfully
complete the instructor training program; to add requirements related to conduct
of instructors and administrators with regard to participants; to specify
that classes must have a minimum of three participants; to implement new legislation
regarding the process the instructor must follow when a participant completes
a DWI Education Program or a DWI Intervention Program.
Comments on the rules were received from one individual.
The following comments were received regarding §§153.52, 153.53,
153.54 and 153.55.
Comment: The implementation of a standard that would require a minimum
of three participants in order to conduct a class would pose a significant
hardship on small business. The economic costs of paying for rental space
and instructor fees despite low turnout for a class and a mandated class cancellation
would be devastating. In addition, the possibility exists that sanctions could
be imposed on the program for non-compliance with other Commission standards
for repeated cancellation of classes.
Response: Small businesses will experience economic hardship if turnout
is consistently low regardless of whether or not the class is cancelled.
Comment: I believe that the curriculum is as effective with one or two
students as it is with more. In all the classes I have taught, there has been
a significant increase between pre-test and post-test scores, regardless of
class size. From my perspective, small classes serve as a tutorial session
that has always been found to be beneficial in educational settings.
Response: The commission disagrees that the curriculum is equally effective
with one or two students. The curricula were designed to have extensive interaction
so that students share their experiences and reflect on their personal situations.
The tests measure the factual information retained by the student, but do
not capture the less tangible impact of the interactional elements of the
course. A tutorial can successfully impart information, but it lacks the depth
achieved through peer interaction.
Comment: I found that while students receive the same benefit of learning
the objectives regardless of the class size, it was challenging to the instructor
to maintain lengthy discussion in various topics. When the classes are smaller,
less time is needed for discussion. However, the time allocations must be
met in order for the student to complete the required hours. This obstacle
could be resolved if the Commission approved inexpensive supplemental materials
to be used under specific topics when teaching smaller classes.
Response: As stated above, the interaction is a fundamental component of
the curricula. The Commission is not convinced the same benefit would be achieved
through presentation of supplemental material. The commission does allow supplemental
materials if approved by TCADA, but only for programs that exceed the required
number of hours.
These amendments are adopted under the under the Texas Transportation
Code, §§521.374-521.376, the Texas Alcoholic Beverage Code, §106.115,
the Texas Health and Safety Code, §461.012(18), and the Texas Code of
Criminal Procedure, Article 42.12, which provide the Texas Commission on Alcohol
and Drug Abuse with the authority to promulgate written rules setting forth
minimum standards for the approval or certification of offender education
programs.
The codes affected by the adopted rules are Texas Transportation Code, §§521.374-521.376,
the Texas Alcoholic Beverage Code, §106.115, the Texas Health and Safety
Code, §461.012(18), and the Texas Code of Criminal Procedure, Article
42.12.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 26, 2000.
TRD-200000520
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: March 1, 2000
Proposal publication date: October 29, 1999
For further information, please call: (512) 349-6733
Chapter 182.
SPECIALIZED TELECOMMUNICATIONS DEVICES ASSISTANCE PROGRAM
Subchapter A. DEFINITIONS
40 TAC §182.3
The Texas Commission for the Deaf and Hard of Hearing adopts
an amendment to §182.3 without changes to the text as published in the
October 8, 1999 issue of the
Texas Register
(24 TexReg 8726).
This rule will broaden the program to include persons with disabilities
other than impairment of speech or hearing and to allow services which allow
access to the telephone network to be provided through the program.
No comments were received regarding the proposed amendment.
The amendment is adopted under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 25, 2000.
TRD-200000474
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: February 14, 2000
Proposal publication date: October 8, 1999
For further information, please call: (512) 407-3250
40 TAC §182.4
The Texas Commission for the Deaf and Hard of Hearing adopts
an amendment to §182.4 without changes to the text as published in the
October 8, 1999 issue of the
Texas Register
(24 TexReg 8727).
This rule will broaden the program to include services that would allow
access to the telephone network.
No comments were received regarding the proposed amendment.
The amendment is adopted under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 25, 2000.
TRD-200000473
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: February 14, 2000
Proposal publication date: October 8, 1999
For further information, please call: (512) 407-3250
40 TAC §182.21
The Texas Commission for the Deaf and Hard of Hearing adopts
amendment to §182.21 without changes to the text as published in the
October 8, 1999 issue of the
Texas Register
(24 TexReg 8728).
This rule will broaden the program to include persons with disabilities
other than impairment of speech or hearing and to allow services which allow
access to the telephone network to be provided through the program.
No comments were received regarding the proposed amendment.
The amendment is adopted under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 25, 2000.
TRD-200000475
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: February 14, 2000
Proposal publication date: October 8, 1999
For further information, please call: (512) 407-3250
40 TAC §182.24
The Texas Commission for the Deaf and Hard of Hearing adopts
an amendment to §182.24 without changes to the text as published in the
October 8, 1999 issue of the
Texas Register
(24 TexReg 8728).
This rule will broaden the program to include persons with disabilities
other than impairment of speech or hearing and to allow services which allow
access to the telephone network to be provided through the program.
One comment was received related to allowing more than one device or service
to be exchanged for a voucher in order to more appropriate accommodating persons
with disabilities in accessing the telephone networks.
The comment was considered by the Commission, but not adopted since, Senate
Bill 1441 authorizes the exchange of a voucher for a basic telecommunications
device or service.
The amendment is adopted under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 25, 2000.
TRD-200000476
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: February 14, 2000
Proposal publication date: October 8, 1999
For further information, please call: (512) 407-3250
Chapter 715.
DAY CARE LICENSING
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§715.102, 715.405, 715.411, 715.608, and 715.617,
without changes to the proposed text published in the November 5, 1999, issue
of the
Texas Register
(24 TexReg 9799).
The justification for the amendments to §§715.102, 715.411, and
715.608 is to make required changes regarding staff training for caregivers
who care for children younger than 24 months of age as enacted by the 76th
Legislature. The justification for the amendments to §§715.405 and
715.607 is to make required changes regarding maintaining individual screening
records for each child required to be screened as enacted by the 76th Legislature.
The amendments will function by ensuring that TDPRS is in compliance with
laws enacted by the 76th Legislature.
During the public comment period, TDPRS received two comments from an individual.
A summary of the comments and TDPRS's responses follow:
Comments concerning §715.102:
1) The commenter stated that there is a need for annual offerings of trainings
that include all three subjects covered in the revised rule--shaken baby syndrome,
preventing sudden infant death syndrome, and early childhood brain development.
The commenter stated that unless some training is created covering all three,
registered family home providers have to take a separate course covering brain
development. Current courses only include shaken baby syndrome and sudden
infant death syndrome and this course is over an hour.
Response: TDPRS will make the training requirement known through the local
licensing offices. When the requirement becomes known, local trainers will
meet the needs of their audience.
2) The commenter does not feel that this type of training is needed every
year. Shaken baby syndrome and sudden infant death syndrome are informative
trainings, unlike CPR and first aid which involve techniques. Most CPR and
first aid classes only need to be taken every two years. The commenter believes
she can use her hour of training on a better subject, like brain development.
Response: The rule reflects requirements contained in the Human Resources
Code, Chapter 42.0421, amended by the 76th Texas Legislature.
Subchapter B. MINIMUM STANDARDS FOR REGISTERED FAMILY HOMES
40 TAC §715.102
The amendment is adopted under the Human Resources Code, Title
2, Chapter 42, which authorizes the department to administer general child-placing
and child care licensing programs.
The amendment implements the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 28, 2000.
TRD-200000641
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
40 TAC §715.405, §715.411
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to administer
general child-placing and child care licensing programs.
The amendments implement the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 28, 2000.
TRD-200000642
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
40 TAC §715.608, §715.617
The amendments are adopted under the Human Resources Code
(HRC), Title 2, Chapter 42, which authorizes the department to administer
general child-placing and child care licensing programs.
The amendments implement the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 28, 2000.
TRD-200000643
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
Subchapter A. STANDARDS FOR CHILD-PLACING AGENCIES
40 TAC §720.24, §720.49
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts amendments to §720.24 and §720.49, in its 24-Hour
Care Licensing chapter. The amendment to §720.24 is adopted with changes
to the proposed text published in the November 5, 1999, issue of the
The justification for the amendment to §720.24 is to add new requirements
for child-placing agencies to develop a plan to ensure that the needs of children
in foster home settings are met. The justification for the amendment to §720.49
is to clarify the information which must be documented during quarterly supervisory
visits.
The amendments will function by ensuring the health and safety of children
in agency homes.
No comments were received regarding adoption of the amendments. As a result
of TDPRS staff recommendations, TDPRS is adopting §720.24(b) with changes
intended to be less prescriptive; avoid duplication of existing Minimum Standards;
ensure qualified staff conduct or review, and sign off on investigations completed
by the agency; and ensure the agency enforces correction of noncompliances
by its verified homes.
The amendments are adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to administer general
child-placing and child care licensing programs.
The amendments implement the Human Resources Code, §§42.001-42.077.
§720.24.Structure of a Child-Placing Agency.
(a)
The agency must:
(1)
be legally established to operate within Texas and comply
with all applicable statutes;
(2)
along with the application for a license, submit documentation
of the legal basis for operation to the Texas Department of Protective and
Regulatory Services (TDPRS);
(3)
notify TDPRS of any planned change in the agency's
legal basis for operation at least five working days before that change is
made;
(4)
observe the conditions of the license;
(5)
report any planned change impacting the conditions
of the license to TDPRS at least five working days before the change is made;
(6)
have legal authority to place a child before making
the placement; and
(7)
not act as an agent for unlicensed agencies, institutions,
or individuals. When birth parents take an active role in the selection of
an adoptive placement, the agency making the adoptive placement must ensure
that the placement selected is in the child's best interest.
(b)
The agency must develop a plan that addresses how the agency
will:
(1)
ensure that licensing staff are continually informed of
the location of all agency staff, records, offices and agency homes, and any
changes in agency personnel and professional staffing;
(2)
ensure that required Level I child-placing staff services
are provided to all agency staff, foster homes, and adoption homes, and such
services are documented in all agency records;
(3)
ensure that agency homes meet all applicable minimum
standards prior to verification;
(4)
ensure that after a home is verified, there is an
ongoing evaluation of the agency home, including documentation of unmet minimum
standards and correction of all noncompliances;
(5)
contact Statewide Intake (SWI) to report serious incidents
and allegations of abuse and neglect;
(6)
evaluate the effectiveness of its system for meeting
standards and describe the process the agency will use to address problems
that its evaluation system identifies; and
(7)
upon the request of licensing, investigate reports,
excluding abuse and neglect, of standards violations in a timely manner and
submit reports of the agency's activities and findings to licensing for review,
follow-up (if appropriate), and closure.
(A)
Level I child-placing staff must conduct or review, and
sign off on investigations completed by the agency.
(B)
The child-placing agency must submit an investigation report
to a licensing representative within 30 days of the initial report.
(c)
The plan, as outlined in subsection (b) of this section,
must be provided to licensing at the time the application for licensure is
submitted. All other agencies must be in compliance with this rule by March
1, 2000. Licensing must be informed of any changes to this plan prior to implementing
the changes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 28, 2000.
TRD-200000648
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§725.1001, 725.1404, 725.1805 and 725.2046;
and adopts new §725.1813, without changes to the proposed text published
in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9812). The justification for the amendments to §725.1001
and §725.2046 is to define the word "agency" and to cite the correct
paragraph in §725.2046 as a result of adding new definitions. The justification
for the amendment to §725.1404 is to clarify that certain summer programs
are not regulated by TDPRS. The justification for the amendment to §725.1805
is to clarify which persons are required to submit a completed TDPRS Affidavit
for Applicants for Employment with a Facility or Registered Family Home as
enacted by the 76th Legislature. The justification for new §725.1813
is to clarify child care licensing procedures when repeated complaints are
received regarding allegations already investigated by licensing staff.
The amendments and new section will function by clarifying terminology
and ensuring that TDPRS will be in compliance with laws enacted by the 76th
Legislature.
No comments were received regarding adoption of the amendments and new
section.
Subchapter A. DEFINITIONS
40 TAC §725.1001
The amendment is adopted under the Human Resources Code, Title
2, Chapter 42, which authorizes the department to administer general child-placing
and child care licensing programs.
The amendment implements the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 28, 2000.
TRD-200000644
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
40 TAC §725.1404
The amendment is adopted under the Human Resources Code, Title
2, Chapter 42, which authorizes the department to administer general child-placing
and child care licensing programs.
The amendment implements the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 28, 2000.
TRD-200000645
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
40 TAC §725.1805, §725.1813
The amendment and new section are adopted under the Human
Resources Code, Title 2, Chapter 42, which authorizes the department to administer
general child-placing and child care licensing programs.
The amendment and new section implement the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 28, 2000.
TRD-200000646
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
40 TAC §725.2046
The amendment is adopted under the Human Resources Code (HRC),
Title 2, Chapter 42, which authorizes the department to administer general
child-placing and child care licensing programs.
The amendment implements the Human Resources Code, §§42.001-42.077.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 28, 2000.
TRD-200000647
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts the repeal of §725.7004; and new §725.7008, without changes
to the proposed text published in the November 5, 1999, issue of the
The justification for the repeal of §725.7004 is because it is redundant
with new adopted §725.7008. New §725.7008 is needed to comply with
federal law at 42 U.S.C. 5106a, which requires that the state have in place
a statute or rule with the force and effect of law that provides for the confidentiality
of all child abuse and neglect records. Prior to September 1, 1999, all abuse
and neglect records were made confidential pursuant to Texas Family Code §261.201.
Effective September 1, 1999, however, this section was amended to no longer
apply to the records of an abuse or neglect investigation in a home or facility
regulated under Chapter 42 of the Human Resources Code. In the absence of
the protection formerly provided by §261.201 of the Texas Family Code,
TDPRS must adopt a rule that satisfies the confidentiality requirements of
federal law for child abuse and neglect records used, developed, or maintained
in an investigation of a home or facility regulated under Chapter 42 of the
Human Resources Code.
The repeal and new section will function by citing the proper state law
authority to safeguard confidential abuse and neglect records as required
by federal law.
No comments were received regarding adoption of the repeal and new section.
40 TAC §725.7004
The repeal is adopted under the Human Resources Code §40.005,
which authorizes the department to adopt rules regarding the use, protection,
and disclosure of its records.
The repeal implements the Human Resources Code §40.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 28, 2000.
TRD-200000650
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 17, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
40 TAC §725.7008
The new section is adopted under the Human Resources Code §40.005,
which authorizes the department to adopt rules regarding the use, protection,
and disclosure of its records.
The new section implements the Human Resources Code §40.005 and 42
U.S.C. 5016(a).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 28, 2000.
TRD-200000651
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 17, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 438-3734
Chapter 809.
CHILD CARE AND DEVELOPMENT
Subchapter C. REQUIREMENTS TO PROVIDE CHILD CARE
40 TAC §809.46
The Texas Workforce Commission (Commission) adopts an amendment
to §809.46, concerning assessing parent fees for child care, with changes
to the proposed text as published in the December 10, 1999, issue of the
The purpose of the amendment is to provide conformity with federal child
care regulations requiring that a sliding fee scale used to assess parent
fees for child care be based on family size as well as family income and that
it also allows other applicable factors to be included. The amendment revises
the method of determining the parent fee for child care services. The amount
of the parent fee for child care is often a determining factor in a parent's
ability to obtain and retain employment. By including family size in the methodology
for assessing parent fees, the amendment will help ensure that a low-income
working parent can become and remain self-sufficient. The amendment also helps
ensure that low-income families have equal access to child care. This amendment
does not relieve the local workforce development boards (Boards) from meeting
Commission-approved performance targets.
The preamble to the federal regulations makes it clear that state agencies
have the flexibility to take elements other than family size and gross monthly
income, such as the number of children in care, into consideration when designing
their fee scales. The Commission has passed this flexibility on to the Boards.
The amendment requires that Boards vary the parent fee based on the number
of family members and family gross monthly income, and also allows the Boards
to consider the number of children in care. Specifically, the amendment provides
that in areas where the Commission administers the program, the parent fee
is 9% of the family's gross monthly income if there is one child receiving
care, and 11% of the family's gross monthly income if there are two or more
children receiving care. For families with seven or more members, the fee
is 65% of the amount calculated at either 9% or 11%. Where Boards directly
manage the program, they are required to vary the parent fee based on the
number of members in the family and the family's gross monthly income, and
they are allowed to also consider the number of children the family has in
care.
One technical correction was made to the rule, the period was changed to
a colon in subsection (a).
Comments were received from the North Central Texas Workforce Development
Board and the Permian Basin Workforce Development Board. Both comments were
favorable.
Comment: One commenter supported the amendment because it brings the Commission's
child care and development rule into compliance with the federal Child Care
and Development Fund (CCDF) Final Rule. The commenter indicated that the Board
had already established a parent fee policy that was in compliance with the
federal CCDF Final Rule.
Response: The Commission appreciates the commenter's support, both of the
amendment and the purpose behind it. The Commission agrees that the amendment
will bring its rule into compliance with the federal CCDF Final Rule. The
Commission also recognizes and appreciates the fact that most Boards have
already established parent fee policies that comply with the federal CCDF
Final Rule.
Comment: Another commenter supported the amendment because it allows Boards
to establish their own parent fee policies. The amendment also takes into
consideration that parent fees can be a deterrent if a sizable portion of
a family's net income is needed to pay the parent fee for child care. The
commenter stated that assessing parent fees based on family size and the number
of children in care increases the parent's ability to participate in employment-related
activities.
Response: The Commission appreciates the commenter's support of the amendment
and agrees that it is critical that sliding fee scales used to assess parent
fees consider family size and the number of children in care as well as income
in order to avoid costs that are prohibitive to low-income families.
Background: The current rule requires Boards to ensure that parent fees
are assessed to all parents or caretakers based on the family's gross monthly
income with a few exceptions. A family is required by federal law to share
in the cost of subsidized child care unless the lead agency waives the fee
pursuant to the federal regulations. The federal regulations give the states
flexibility in deciding the amount of fee to charge parents and whether to
waive the fee. The preamble to the federal regulations also suggests that
a parent fee of 10% of family gross monthly income would ensure parent access.
The preamble makes it clear that the 10% is offered as a benchmark and not
a limit on the state's flexibility in deciding the amount of fees to charge
parents.
The Commission intends that the amendment will recognize that high parent
fees limit parental choice by encouraging parents to choose less expensive
and lower quality child care or not accept the subsidy. It is the intent of
the Commission to ensure that any co-payment or fee paid by the parent is
affordable for the family and that the sliding fee scale not limit parental
choice. The Commission intends that this amendment will help prevent disruptions
of a child's care that may adversely affect the child's development.
Child care services are provided under Texas Human Resources Code, Chapter
44.
If a Board fails to comply with the provisions contained in the rule, the
Board shall be subject to the sanctions as detailed in Chapter 800, Subchapter
E of this title, relating to Sanctions.
The amendment to the rule is adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission's programs.
§809.46.Assessing Parent Fees.
(a)
A Board shall assess parent fees to all parents or caretakers
based on the family's size and gross monthly income, with the following exceptions:
(1)
Parents or caretakers who receive TANF are assessed no
fee.
(2)
Parents or caretakers who receive Supplemental Security
Income (SSI) are assessed no fee.
(3)
Parents who participate in the Food Stamp Employment
and Training program are assessed no fee. Children of parents or caretakers
who receive protective services are assessed no fee unless the Texas Department
of Protective and Regulatory Services assesses a fee to a parent.
(b)
In families where the child is the only TANF or SSI recipient,
the parent fee is assessed according to subsection (d) of this section.
(c)
Teen parents who live with their parents and who are not
covered under exceptions outlined under subsection (a) of this section shall
be assessed a parent fee. The parent fee is based solely on the teen parent's
income.
(d)
Parent fees for all parents not covered under exceptions
outlined under subsection (a) of this section are assessed using the following
formulas:
(1)
In areas where the Commission manages child care service
delivery contracts, the parent fee shall be 9% of the family's gross monthly
income if there is one child receiving Commission paid child care and 11%
of the family's gross monthly income if there are two or more children receiving
Commission paid child care. For families with 7 or more members, the fee is
65% of the 9% or 11%.
(2)
In areas where the Board directly manages child care
service delivery contracts, it is recommended that the parent fee should be
no less than 9% and no more than 15% of the family's gross monthly income.
The Board shall vary the parent fee based on the number of members in the
family and the family's gross monthly income and may also vary the fee based
on the number of children the family has in care. The Board shall set the
actual fee policy in accordance with the requirements set forth in §809.12
of this chapter (relating to Board Policies and Plans for Child Care Services).
(e)
The Board's contractor is not permitted to assess a parent
fee that exceeds the cost of care.
(f)
Parents who receive a child care subsidy from other state
or federal programs such as the Workforce Investment Act shall pay that amount
in addition to the assessed parent fee. The Board's contractor shall request
documentation of child care subsidies from the parent.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 27, 2000.
TRD-200000575
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: February 16, 2000
Proposal publication date: December 10, 1999
For further information, please call: (512) 463-8812
The Texas Workforce Commission (Commission) adopts amendments to §809.103,
concerning Texas Workforce Commission Applicant Child Care, and §809.121,
concerning the definition of children living at "very low incomes" for eligibility
for child care, without changes to the proposed text as published in the December
10, 1999, issue of the
Texas Register
(24
TexReg 11098).
The purpose of the amendment to §809.103 is to conform the cross-reference
to the amended §809.121.
The purpose of the amendment to §809.121 is to bring the rule into
compliance with state plan requirements. Guidelines for the Child Care and
Development Fund (CCDF) state plan require a definition of "very low income"
that is below the state's income limits for CCDF eligibility. This requirement
ensures that the state does not serve exclusively children of families with
very low incomes. The amendment changes the category of Children At Risk in §809.121
from "Children Living At Very Low Incomes" to "Children Living At Low Incomes."
This change in language retains the intent of the section but also mitigates
the conflict between the current language and the state plan requirement related
to the definition of "very low income." This amendment continues to ensure
that child care assistance is available to low-income working families that
may be at risk of becoming dependent on public assistance. This amendment
does not relieve the local workforce development boards (Boards) from meeting
Commission-approved performance targets.
Comments were received from the Permian Basin Workforce Development Board.
Comment: The commenter indicated that the Board the commenter represents
had reviewed the proposed amendments to §809.121 and §809.103, and
the Board supports the amendments.
Response: The Commission appreciates the support of the Board represented
by the commenter and the Board's interest in the rules governing the provision
of child care and development services in Texas. The Commission agrees with
the commenter's statements in support of the amendment.
Background: The federal regulations require that 70% of the CCDF mandatory
and matching funds be spent on families who are receiving assistance under
Title IV-A of the Social Security Act, are attempting to transition off such
assistance, and are at risk of becoming dependent on such assistance.
The Commission intends that the amendment to §809.121, by continuing
to include children from families with incomes at or below 85% of State Median
Income (SMI) in subchapter H (Children of Parents At Risk of Becoming Dependent
on Public Assistance), will ensure that at least 70% of the mandatory and
matching funds will be spent on the families cited in the federal regulations.
It is also the Commission's intent to ensure that the state does not serve
exclusively children of families with very low incomes.
Child care services are provided under Texas Human Resources Code, Chapter
44.
If a Board fails to comply with the provisions contained in the rule, the
Board shall be subject to sanctions as detailed in Chapter 800, Subchapter
E of this title, relating to Sanctions.
Subchapter G. CHILD CARE FOR PEOPLE TRANSITIONING OFF PUBLIC ASSISTANCE
40 TAC §809.103
The amendments are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission's programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 27, 2000.
TRD-200000577
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: February 16, 2000
Proposal publication date: December 10, 1999
For further information, please call: (512) 463-8812
40 TAC §809.121
The amendments are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission's programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 27, 2000.
TRD-200000576
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: February 16, 2000
Proposal publication date: December 10, 1999
For further information, please call: (512) 463-8812
Chapter 901.
DESIGNATION AND REDESIGNATION OF LOCAL WORKFORCE DEVELOPMENT AREAS
Part 3.
TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE
Subchapter B. PROGRAM STANDARDS
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
Subchapter B. PROGRAM REQUIREMENTS
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Subchapter E. MINIMUM STANDARDS FOR DAY CARE CENTERS
Subchapter G. STANDARDS FOR GROUP DAY CARE HOMES
Chapter 720.
TWENTY-FOUR HOUR CARE LICENSING
Chapter 725.
GENERAL LICENSING PROCEDURES
Subchapter O. EXEMPTIONS FROM LICENSING
Subchapter S. ADMINISTRATIVE PROCEDURES
Subchapter U. DAY CARE LICENSING PROCEDURES
Subchapter NNN. ABUSE/NEGLECT INVESTIGATIONS IN CHILD CARE FACILITIES
Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 809.
CHILD CARE AND DEVELOPMENT
Subchapter H. CHILDREN OF PARENTS AT RISK OF BECOMING DEPENDENT ON PUBLIC ASSISTANCE
Part 22.
TEXAS COUNCIL ON WORKFORCE AND ECONOMIC COMPETITIVENESS