Part 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 700. CHILD PROTECTIVE SERVICES
Subchapter M. SUBSTITUTE-CARE SERVICES
The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), an amendment to §700.1340, concerning special issues, in its Child Protective Services chapter. The purpose of the amendment is to change the process for obtaining court approval for travel outside the United States, as required by the enactment of Texas Family Code §264.122, Court Approval Required for Travel Outside the United States by Child in Foster Care. The amendment also simplifies the language regarding a child's travel out of state and requires DFPS to notify the court and to follow any local rules of administration before permitting the child to travel out of state. The agency's name is also updated.
Cindy Brown, Chief Financial Officer of DFPS, has determined that for the first five-year period the proposed section will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Ms. Brown also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the judicial systems resources will be used more efficiently while assuring the safety of children traveling who are in DFPS conservatorship. 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 section.
HHSC has determined that the proposed amendment does 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, does not constitute a taking under §2007.043, Government Code.
Questions about the content of the proposal may be directed to Carrie Lopez at (512) 438-3589 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-378, 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 amendment is 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 amendment implements Texas Family Code, §264.122.
§700.1340.Special Issues.
(a) Contact between the parents and the child. When
a child in the [Texas] Department of Family and
Protective [and Regulatory] Services' (DFPS's)
[(TDPRS's)
] managing conservatorship is in substitute care, the child's
parents and the child have a right to maintain regular contact with
each other unless:
(1) - (2) (No change.)
(b) Travel by a child in DFPS's managing conservatorship.
(1) If a child travels outside Texas, DFPS must give notice to the court and comply with any local court rules of administration before permitting the child to travel;
(2) If a child travels outside the United States, DFPS must:
(A) submit to the court a motion with the caregiver's statement regarding travel plans and DFPS's recommendation regarding the proposed travel; and
(B) obtain a court order approving the travel in advance.
[(b) When a child travels.]
[(1) Whenever a child in TDPRS's managing conservatorship travels outside the state or the country, the court must approve the plan for the child's travel. To secure the court's approval, the worker:]
[(A) notifies the court of the pending trip in writing; and]
[(B) advises the court that the Office of Protective Services for Families and Children (PSFC) will consider the plan for the child's travel approved if the court does not specifically object to it.]
[(2) If the court responds, the worker places a copy of the court's response in the child's record. If the court does not respond, the worker places a copy of the written notification to the court in the case record.]
(c) (No change.)
(d) Disaster plans.
(1) Every CPS [PSFC] region must
prepare a regional disaster plan and give a copy of it to:
(A) CPS's [PSFC's] field operations manager; and
(B) every DFPS-paid [TDPRS-paid]
foster caregiver in the region.
(2) The plan must:
(A) document the region's plans for evacuating children in
DFPS-paid [TDPRS-paid
] foster care if a disaster
occurs that requires evacuation; and
(B) (No change.)
(3) If a foster caregiver evacuates children in
DFPS's [TDPRS's
] managing conservatorship during a disaster,
the caregiver must notify CPS [PSFC] of each
child's whereabouts and condition as soon as possible after the evacuation.
Every region must advise its caregivers in writing that the caregivers
can call the child abuse hotline (1-800-252-5400) to complete such
notifications.
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 May 6, 2008.
TRD-200802375
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 438-3437
The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to §748.131, concerning what are the specific responsibilities of the governing body, and §748.1705, concerning what are the nutrition requirements for a child with primary medical needs, in its General Residential Operations and Residential Treatment Centers chapter. The purpose of the amendments is to clarify language.
The amendment to §748.131 clarifies language regarding the make-up of the governing body and more clearly addresses the persons that have a conflict of interest.
The amendment to §748.1705 allows physicians to plan a child's tube feeding diet. The rule currently only allows dietitians to plan these diets. This proposed revision is consistent with the corresponding rule in §749.3073 of this title (relating to What are the nutrition requirements for a child with primary medical needs?), which already allows physicians to plan a tube feeding diet.
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 no fiscal implications for state or local government as a result of enforcing or administering the sections.
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 residential child-care operations will have a clearer understanding of what is required in minimum standard rules, and children placed in residential care will benefit as a result of this increased clarity. There will be no adverse impact 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. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required by Chapter 2006, Government Code. There is no anticipated economic cost to persons who are required to comply with the proposed sections.
HHSC has determined that the proposed amendments 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 Amy Chandler at (512) 438-3134 in DFPS's Child Care Licensing 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-377, 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.
Subchapter C. ORGANIZATION AND ADMINISTRATION
The amendment is 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 amendment implements HRC §42.042.
§748.131.What are the specific responsibilities of the governing body?
(a) The governing body is responsible for:
(1) Ensuring the operation remains fiscally sound;
(2) Overseeing and ensuring the management of the operation's services and programs in compliance with your policies;
(3) Approving and having authority over the operational policies and activities which must comply with rules of this chapter;
(4) Complying with the law, including Chapters 42 and 43 of the Human Resources Code, the applicable rules of this chapter, and other applicable rules in the Texas Administrative Code;
(5) Ensuring that the majority of the voting members
of the governing body consist of persons who do not have a conflict
of interest that would potentially interfere with objective decision
making. Persons who have such a conflict of interest include the following:
[persons employed by or working at the operation, any
family members of the owner or governing body members, paid consultants,
or others who benefit financially from the operation, such as subcontractors
or vendors, do not comprise a majority of the voting members of the
governing body:]
(A) Family members of an officer, director, or a person with a controlling interest in the entity's stock; or
(B) If the governing body is a non-profit entity, persons who benefit financially from the operation, including but not limited to persons employed by or working at the operation, paid consultants, subcontractors, or vendors.
[(A) Operations that are
granted a permit by us before January 1, 2007, have two years to comply
with this paragraph; and]
[(B) Operations that are
granted a permit by us after January 1, 2007, have two years from
the date the operation is licensed by us to comply with this paragraph;
and]
(6) Carrying out governing body responsibilities assigned in the policies and procedures.
(b) Regarding subsection (a)(5) of this section:
(1) Operations granted a permit by us before January 1, 2007, have two years to comply with this paragraph; and
(2) Operations granted a permit by us after January 1, 2007, have two years from the date the operation is licensed by us to comply with this paragraph.
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 May 12, 2008.
TRD-200802453
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 438-3437
Division 7. NUTRITION AND HYDRATION
The amendment is 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 amendment implements HRC §42.042.
§748.1705.What are the nutrition requirements for a child with primary medical needs?
(a) (No change.)
(b) A licensed physician must prescribe tube feeding. A dietitian or physician must plan the diet that the physician prescribes.
(c) (No change.)
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 May 12, 2008.
TRD-200802454
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 438-3437
The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§749.131, 749.1415, 749.3503, and 749.3633, concerning what are the specific responsibilities of the governing body, what health precautions must I take if a person in care, employee, caregiver, someone else in one of my foster homes, or someone else in my agency has a communicable disease, what are the requirements for contacting birth parents that become my clients, and what must I do if I do not place a child with the adoptive applicants within six months after I complete the pre-adoptive home screening, in its Child-Placing Agencies chapter. The purpose of the amendments is to ensure consistency with legislation, clarify language, and add flexibility to rule requirements.
Section 749.131 clarifies the language regarding the make-up of the governing body and more clearly addresses the persons that have a conflict of interest.
Section 749.1415 is revised so that requirements related to diseases "that may be spread through casual contact" apply only to diseases that are "reportable to the DSHS." This proposed change recognizes that foster parents require the flexibility to be present in their own home and take part in activities at the home even when they are ill with a disease that is spread through casual contact, such as a cold or the flu. Specific precautions in this rule would apply only when the disease is reportable to DSHS, such as tuberculosis or HIV/AIDS.
Section 749.3503 is revised to comply with House Bill 3997 of the 80th Legislature. HB 3997 of the 80th Legislature states, in part, that attempting to locate an alleged father is not required under certain circumstances. This rule currently requires reasonable efforts to locate an absent father. Therefore, this rule is amended to be consistent with the new law. The proposed amendment also includes clarifying language to make the rule grammatically correct.
Section 749.3633 is revised to offer more flexibility to child-placing agencies by requiring a home study update for waiting potential adoptive parents every six months instead of within 30 days before a child is placed in the home. The clause requiring a visit to the home within 30 days before a child is placed in the home is also deleted, as quarterly home visits are already required in another rule and are sufficient for homes in which a child has not yet been placed.
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 no fiscal implications for state or local government as a result of enforcing or administering the sections.
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 residential child-care operations will have a clearer understanding of what is required in minimum standard rules, and children placed in residential care will benefit as a result of this increased clarity. There will be no adverse impact 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. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required by Chapter 2006, Government Code. There is no anticipated economic cost to persons who are required to comply with the proposed sections.
HHSC has determined that the proposed amendments 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 Amy Chandler at (512) 438-3134 in DFPS's Child Care Licensing 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-377, 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.
Subchapter C. ORGANIZATION AND ADMINISTRATION
The amendment is 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 amendment implements HRC §42.042.
§749.131.What are the specific responsibilities of the governing body?
(a) The governing body is responsible for:
(1) Ensuring the agency remains fiscally sound;
(2) Overseeing and ensuring the management of the agency's services and programs in compliance with your policies;
(3) Approving and having authority over the agency's operational policies and activities which must comply with rules of this chapter;
(4) Complying with the law, including Chapters 42 and 43 of the Human Resources Code, the applicable rules of this chapter, and other applicable rules in the Texas Administrative Code;
(5) Ensuring that the majority of the voting members
of the governing body consist of persons who do not have a conflict
of interest that would potentially interfere with objective decision
making. Persons who have such a conflict of interest include the following:
[persons employed by or working at the agency, any family
members of the owner or governing body members, paid consultants,
or others who benefit financially from the agency, such as subcontractors
or vendors, do not comprise a majority of the voting members of the
governing body:]
(A) Family members of an officer, director, or a person with a controlling interest in the entity's stock; or
(B) If the governing body is a non-profit entity, persons who benefit financially from the operation, including but not limited to persons employed by or working at the operation, paid consultants, subcontractors, or vendors.
[(A) Agencies that are
granted a permit by us before January 1, 2007, have two years to comply
with this paragraph; and]
[(B) Agencies that are
granted a permit by us after January 1, 2007, have two years from
the date the agency is licensed by us to comply with this paragraph; and]
(6) Carrying out governing body responsibilities assigned in the agency's policies and procedures.
(b) Regarding subsection (a)(5) of this section:
(1) Operations granted a permit by us before January 1, 2007, have two years to comply with this paragraph; and
(2) Operations granted a permit by us after January 1, 2007, have two years from the date the operation is licensed by us to comply with this paragraph.
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 May 12, 2008.
TRD-200802455
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 438-3437
Division 1. MEDICAL AND DENTAL CARE
The amendment is 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 amendment implements HRC §42.042.
§749.1415.What health precautions must I take if a person in care, employee, caregiver, someone else in one of my foster homes, or someone else in my agency has a communicable disease?
(a) - (b) (No change.)
(c) If a health-care professional diagnoses a person
in care with a communicable disease that
is reportable to Department
of State Health Services (DSHS) [
may be spread through casual contact
], a health-care professional must authorize the
person's participation in routine activity at the foster home. The
authorization must:
(1) - (3) (No change.)
(d) If an employee, a contract service provider, a
caregiver, someone else in one of your foster homes, or a volunteer
has a communicable disease that
is reportable to DSHS [may
be spread through casual contact
], you must obtain written authorization
from a health-care professional for the person to be present at the
agency or foster home. The written authorization must include a statement
that the person will not pose a serious threat to the health of others.
(e) (No change.)
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 May 12, 2008.
TRD-200802456
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 438-3437
Division 1. BIRTH PARENT PREPARATION
The amendment is 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 amendment implements HRC §42.042. and Texas Family Code §161.002(c-1), as enacted by House Bill 3997, 80th Session.
§749.3503.What are the requirements for contacting birth parents that become my clients?
(a) (No change.)
(b) If the contacts required in subsection (a) of this section cannot be made, you must document that you have exercised reasonable efforts to locate the absent parent, and you must document why the contacts could not be made. Reasonable efforts to locate an absent parent are not required for an alleged biological father whose rights will be terminated under Texas Family Code §161.002(c-1).
(c) Contacts must assist birth parents to:
(1) - (2) (No change.)
(3) Freely make a choice regarding relinquishing the child to the agency for adoption. The birth parents must not be pressured to make a decision to place their child for adoption;
[(4) Insure that birth
parents are not pressured to make a decision to place their child
for adoption;]
(4) [(5)] Express [
Obtain information from birth parents about] their expectations
for adoptive placement, if placement is chosen, and the degree and
type of involvement, if any, they desire with adoptive family; and
(5) [(6)] Provide [Obtain
] the required Health, Social, Educational, and Genetic
History Report (HSEGH) information.
(d) - (e) (No change.)
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 May 12, 2008.
TRD-200802457
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 438-3437
Division 2. PRE-ADOPTIVE HOME SCREENING
The amendment is 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 amendment implements HRC §42.042.
§749.3633.What must I do if I do not place a child with the adoptive applicants within six months after I complete the pre-adoptive home screening?
(a) You [If you do not place a child
with the adoptive applicants within six months after you complete
the adoptive screening, you] must update the screening before
the end of the six-month period and at least every six months thereafter
until [within the 30-day period before] a child is
placed in the home.
(b) For adoptive homes that are not providing foster
care, the written update must include a[:]
[(1) A] review and any required
updating of each category of information required for an adoptive
home screening.[; and]
[(2) Documentation of at
least one visit to the adoptive home when all household members are
present within the 30-day period before a child is placed in the home.]
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 May 12, 2008.
TRD-200802458
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 438-3437