Part 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 700. CHILD PROTECTIVE SERVICES
Subchapter W. LEVEL-OF-CARE SERVICE SYSTEM
Division 5. INTENSIVE PSYCHIATRIC TRANSITION PROGRAM
40 TAC §§700.2381, 700.2383, 700.2385
The Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Family and Protective Services (DFPS), new §§700.2381, 700.2383, 700.2385, concerning the Intensive Psychiatric Transition Program, in its Child Protective Services (CPS) chapter. DFPS received funding in House Bill 1 in the 80th session for an exceptional item that was part of the department's Legislative Appropriations Request (LAR) to implement a time limited, post-hospitalization "step-down" rate to support the transition of children in DFPS conservatorship who have experienced or are likely to experience multiple inpatient admissions in a psychiatric hospital to an appropriate placement. HHSC is concurrently proposing an amendment to the Texas Administrative Code, 1 TAC §355.7103, Rate-Setting Methodology for 24-Hour Residential Child Care Reimbursements to accommodate this new program.
The proposed rules implement the Intensive Psychiatric Transition program. Section 700.2381 provides an overview of the Intensive Psychiatric Transition program, which provides a short-term placement option as an alternative to psychiatric hospitalization or after release from a psychiatric hospital. Section 700.2383 establishes the eligibility criteria for the program, which require that a child (1) be in DFPS conservatorship for the last 90 days; (2) have had three psychiatric hospitalizations in the last 12 months; and (3) be ready for discharge from a psychiatric hospital or at risk of a fourth hospitalization. Section 700.2385 establishes the limit for placement in this program, which is 60 days with a possible extension for an additional 60 days.
Cindy Brown, Chief Financial Officer of DFPS, has determined that for the first five-year period the proposed sections will be in effect there will be fiscal implications for state government as a result of enforcing or administering the sections. The effect on state government for the first five-year period that the sections will be in effect is estimated to cost $3,869,514 for fiscal year 2008; $4,179,075 in fiscal year 2009; $4,513,401 in fiscal year 2010; $4,874,473 in fiscal year 2011; and $5,264,431 in fiscal year 2012. There will be no fiscal implications for local government.
Ms. Brown also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that a psychiatric transition program will be available for children with extreme behaviors and histories of multiple inpatient psychiatric care episodes to assist them in transitioning into less restrictive placements. There will be no effect on large, small, or micro-businesses because the proposed change does not impose new requirements on any business and does not require the purchase of any new equipment or any increased staff time in order to comply. There is no anticipated economic cost to persons who are required to comply with the proposed sections.
HHSC has determined that the proposed new sections do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.
Questions about the content of the proposal may be directed to Beth Engelking at (512) 438-3376 in DFPS's Child Protective Services Division. Electronic comments may be submitted to Marianne.Mcdonald@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-368, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.
The new sections are proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The new sections implement House Bill 1, 80th Session.
§700.2381.What is the Intensive Psychiatric Transition program?
The Intensive Psychiatric Transition program offers a short-term mental health treatment and placement option for children in DFPS conservatorship with acute, intensive psychiatric needs at the time of release from a psychiatric hospitalization or as an alternative to a psychiatric hospitalization. The purpose is to provide enriched services and supports to stabilize children and youth and promote successful transitions to less restrictive placements.
§700.2383.Who is eligible for the Intensive Psychiatric Transition program?
To be eligible for this program, a child must:
(1) have been in DFPS conservatorship for the last 90 days;
(2) have had at least three psychiatric hospitalizations in the preceding 12 months; and
(3) either be ready for discharge from a psychiatric hospital or at imminent risk of a fourth psychiatric hospitalization.
§700.2385.How long may a child be placed in the Intensive Psychiatric Transition program?
All placements in this program are limited to 60 days, unless the Assistant Commissioner of CPS grants a one-time, child-specific waiver for an additional 60 days.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 18, 2007.
TRD-200702494
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: July 29, 2007
For further information, please call: (512) 438-3437