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
The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), an amendment to §700.2383, without changes to the proposed text published in the July 3, 2009, issue of the Texas Register (34 TexReg 4497).
The justification for the amendment is to clarify the eligibility for the Intensive Psychiatric Transition Program (IPTP). Specifically, the amendment extends eligibility for the IPTP from children who have had at least three psychiatric hospitalizations in the preceding 12 months to children who have had at least one prior psychiatric hospitalization in the preceding 12 months, if the child is ready for discharge or at imminent risk of a subsequent hospitalization. To be eligible, the child must also be in need of acute stabilization, as determined by the Assistant Commissioner of Child Protective Services or her designee. Decreasing the number of required psychiatric hospitalizations, while clarifying the target population for the IPTP, will allow more children who critically need this service to be served.
The amendment will function by allowing more children to benefit from this type of foster care placement, which will improve their chances of a successful transition into a less restrictive placement and prevent further psychiatric hospitalizations.
No comments were received regarding adoption of the amendment.
The amendment 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 amendment implements Senate Bill 1, Rider 31, 81st Legislature, Regular Session, 2009.
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, 2009.
TRD-200903422
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 438-3437