Part 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 700. CHILD PROTECTIVE SERVICES
The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§700.104 - 700.106 and the repeal of §§700.107 - 700.114 and 700.413, without changes to the proposed text published in the February 9, 2007, issue of the Texas Register (32 TexReg 511). DFPS, like all state agencies, is required by Chapter 441 of the Texas Government Code to submit an agency-wide retention schedule for approval by the Texas Library and Archives Commission. DFPS's approved schedule lists record retention periods for all types of records held by DFPS, and is available on the DFPS website.
The justification of the amendments and repeals is to delete information that is duplicative of the official DFPS records retention schedule. In §700.104, the agency name and computer system references are updated, and subsections (c) and (d) are deleted because they contain information that is found in Subchapter B of this chapter (relating to Confidentiality and Release of Records). In §700.105, the agency name is updated. In §700.106 the agency name and computer system references are updated; and subsection (c) is replaced to accurately reflect that other entities are responsible for the retention and destruction of their own videotapes. Sections 700.107 - 700.114 and 700.413 are repealed because they duplicate the official records retention schedule, which is available on the DFPS website.
The amendments and repeals will function by improving access to the most comprehensive, current schedule for all agency records.
No comments were received regarding adoption of the sections.
Subchapter A. ADMINISTRATION
The amendments are adopted 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 amendments implement Chapter 441 of the Texas Government 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 April 26, 2007.
TRD-200701576
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: June 1, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 438-3437
The repeals are adopted 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 repeals implement Chapter 441 of the Texas Government 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 April 26, 2007.
TRD-200701577
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: June 1, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 438-3437
The repeal is adopted 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 repeal implements Chapter 441 of the Texas Government 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 April 26, 2007.
TRD-200701578
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: June 1, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 438-3437