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 §700.2383
The Health and Human Services Commission proposes,
on behalf of the Department of Family and Protective Services (DFPS),
an amendment to §700.2383, concerning who is eligible for the
Intensive Psychiatric Transition Program (IPTP), in its Child Protective
Services chapter. The purpose of the amendment is to clarify the eligibility
for the IPTP. Specifically, the amendment would extend 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.
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 cost and cost savings to state government as a result
of enforcing or administering the section. Additional costs are due
to paying the higher IPTP rate of $374.33 a day, instead of the service
level rates for the projected client population. The general revenue
costs are $3,121,088 for the first year and $3,114,701 for each of
the remaining four years. That cost is being offset by a cost savings
in the Medicaid funded psychiatric hospitalization program. By serving
children who have had only one prior psychiatric hospitalization rather
than waiting for three, as in the current IPTP program, there will
be a cost savings for the Medicaid program at the Health and Human
Services Commission due to the diversion of children from future psychiatric
hospitalizations that have a higher cost. It is estimated that the
cost savings are $4,121,000 for the first year and $4,186,000 for
each of the remaining four years. There is an overall state general
revenue cost savings of $999,912 for the first year and $1,071,299
for each remaining year. There will be no fiscal implications for
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 more children can 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. 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, do not constitute
a taking under §2007.043, Government Code.
Questions about the content of the proposal may be directed to
Christina Guerrero at (512) 438-2405 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-396, 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 Senate Bill 1, Rider 31, 81st Legislature,
Regular Session, 2009.
§700.2383.Who is eligible for the Intensive Psychiatric Transition program?
To be eligible for this program, a child must:
(1) (No change.)
(2) have had at least one [
(3) either be ready for discharge from a psychiatric
hospital or at imminent risk of a subsequent [
(4) have been determined by the Assistant
Commissioner of CPS or the Assistant Commissioner's designee to be
in crisis and in need of acute stabilization.
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 17, 2009.
TRD-200902470
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: August 2, 2009
For further information, please call: (512) 438-3437
CHAPTER 800. GENERAL ADMINISTRATION
The Texas Workforce Commission (Commission) proposes the following
new sections to Chapter 800, relating to General Administration:
Subchapter B. Allocations, §§800.74 - 800.77
The Commission proposes amendments to the following sections of
Chapter 800, relating to General Administration:
Subchapter A. General Provisions, §800.2
Subchapter B. Allocations, §§800.54, 800.58, and 800.71
The Commission proposes the repeal of the following sections of
Chapter 800, relating to General Administration:
Subchapter B. Allocations, §800.74 and §800.75
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
PART III. IMPACT STATEMENTS
PART IV. COORDINATION ACTIVITIES
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed amendments to Chapter 800 is to provide
the Commission with additional flexibility in its review of underlying
factors or causes for the underexpenditure of Commission-allocated
funds by a Local Workforce Development Board (Board).
Additionally, the Food, Conservation, and Energy Act of 2008, enacted
June 18, 2008, changed the name of the Food Stamp Program to the Supplemental
Nutrition Assistance Program (SNAP). The Texas Health and Human Services
Commission (HHSC), which administers the federal program, has informed
the Agency that effective April 1, 2009, it will change the name of
the state food stamp program to SNAP. To align with the federal and
state name changes, the Commission also is changing the name of Food
Stamp Employment and Training (FSE&T) to Supplemental Nutrition
Assistance Program Employment and Training (SNAP E&T). Therefore,
FSE&T references in this chapter will be changed to be consistent
with federal and state revisions.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor editorial changes are made that do not change the
meaning of the rules and, therefore, are not discussed in the Explanation
of Individual Provisions.)
SUBCHAPTER A. GENERAL PROVISIONS
The Commission proposes the following amendments to Subchapter A:
§800.2. Definitions
Section 800.2(2), the definition of allocation is clarified to
ensure consistency with:
--Texas Labor Code §302.062, which specifies that Commission
block grant allocations are made to local workforce development areas
(workforce areas); and
--§800.51 of this chapter, which notes that Commission block
grant allocations are made to workforce areas.
Section 800.2(10), the definition of FSE&T, is removed and
replaced by new §800.16, which reflects the name change from
FSE&T to SNAP E&T
Certain paragraphs in this section have been renumbered to reflect
additions or deletions.
SUBCHAPTER B. ALLOCATIONS
The Commission proposes the following amendments to Subchapter B:
§800.54. Food Stamp Employment and Training
Section 800.54 changes:
--the section title "Food Stamp Employment and Training" to "Supplemental
Nutrition Assistance Program Employment and Training";
--the term "FSE&T" to "SNAP E&T"; and
--the term "food stamps" to "SNAP benefits."
§800.58. Child Care
Section 800.58 changes:
--the term "Food Stamp Employment and Training" to "SNAP E&T";
--the term "aged" to "ages"; and
--the term "food stamp" to "SNAP."
§800.71. General Deobligation and Reallocation Provisions
Section 800.71 changes "Food Stamp" to "Supplemental Nutrition
Assistance Program."
§800.74. Deobligation of Funds
Section 800.74 is repealed and consolidated in new §800.74.
§800.74. Midyear Deobligation of Funds
The Commission provides WIA program year funds to Boards for expenditure
over a two-year period. New §800.74(a) provides that the Commission
may deobligate funds during the program year--or the first year of
availability of WIA funds--if a workforce area is not meeting the
expenditure thresholds in new §800.74(b) and (c). This information
is unchanged from repealed §800.74(b)(1).
New §800.74(a)(1) specifies "midyear" as the end of months
five, six, seven, or eight. The rule broadens the Commission's ability
to review all relevant information that may be causing an underexpenditure
of funds, except as set forth in new §800.74(c), beyond the narrow
scope of repealed §800.74(b)(1) and (2). New §800.74(a)(1)
affords the Commission greater flexibility to consider individual
and unique circumstances in the workforce area.
New §800.74(a)(2) limits the amount that may be deobligated
by the Commission to no more than the difference between a Board's
actual expenditures and the amount corresponding to the relative proportion
of the program year. As the midyear period is specified as the end
of months five, six, seven, or eight, this new section removes reference
to a three-consecutive-month period as in repealed §800.74(c).
New §800.74(a)(3) retains the exemption from deobligation
for an underexpended workforce area that received a supplemental allocation
or reallocation of funds from the Commission within the prior 60 days.
This information remains unchanged from repealed §800.74(d)(1).
However, new §800.74(a)(3) removes the exemption from deobligation
for an underexpended workforce area that is achieving a sufficient
per participant cost and meeting contracted performance measures,
information previously located in repealed §800.74(d)(2).
New §800.74(b)(1) - (8) provides the criteria by which the
Commission may deobligate the funds listed at midyear, provisions
that are unchanged from repealed §800.74(a)(1).
New §800.74(c) provides the criteria by which the Commission
may deobligate Workforce Investment Act (WIA) formula funds at midyear,
provisions that are unchanged from repealed §800.74(a)(2)(A).
New §800.74(d)(1) - (4), previously located in repealed §800.74(f)(1)
- (4), states that upon request from the Commission, a workforce area
subject to deobligation of funds must submit a written justification
to the Commission and provide a copy to the Board Chair, detailing
the actions the workforce area will take, including:
--expanding services proportionate to available resources;
--projecting service levels and related performance;
--reporting additional obligations; or
--other factors the workforce area wants the Commission to consider.
New §800.74(e), previously located in repealed §800.74(g),
states that if this section is found not to comply with federal requirements,
or if related federal waivers expire, the Commission is subject to
any federal requirements in effect.
§800.75. Reallocation of Funds
Section 800.75 is repealed and set forth as new §800.77.
§800.75. Second-Year WIA Deobligation of Funds §New §800.75
sets forth the Commission's criteria for the deobligation of WIA formula
funds during the second year of availability.
New §800.75(a) clarifies that in each month of the second
year of WIA funds availability, the Commission may deobligate any
unexpended WIA formula funds that exceed 20% of the allocation for
each category of WIA formula funds for the program year, information
previously located in repealed §800.74(a)(2)(B).
New §800.75(b) limits the Commission's ability to deobligate
funds from a workforce area to an amount not to exceed the difference
between a workforce area's actual expenditures and the unexpended
funds that exceed 20% of the allocation for each category of WIA formula
funds for the program year.
New §800.75(c) states that the Commission shall not deobligate
funds from a workforce area that failed to meet the expenditure thresholds
set forth in §800.75(a) if within 60 days prior to the potential
deobligation period, a workforce area executes a contract amendment
for a supplemental allocation or reallocation of funds in the same
program funding category. This mirrors the provision in new §800.74(a)(3)
relating to midyear deobligation of funds.
§800.76. Voluntary Deobligation of Funds
New §800.76 allows Boards to request a voluntary deobligation
of funds by submitting a written request to the Commission with a
copy to the Board Chair.
§800.77. Reallocation of Funds
New §800.77 pertains to a workforce area's eligibility for
reallocated funds, and the factors the Commission may consider when
reviewing workforce areas' requests for reallocated funds.
New §800.77(a)(1) - (9) lists the funds that the Commission
may reallocate to workforce areas. This information remains unchanged
from repealed §800.75(a).
New §800.77(b)(1)(A), (C), (D), and (F) - (H) sets forth the
criteria for workforce areas' eligibility for child care funds (excluding
unmatched federal funds that are contingent upon a workforce area
securing local funds) and the funds listed in §800.77(a)(2) -
(9). This information remains unchanged from repealed §800.75(b)(1)(A)
- (G).
New §800.77(b)(1)(B) specifies an additional criterion. The
Commission also may consider a workforce area's reported obligations
when considering the workforce area's requests for available funds.
New §800.77(b)(1)(E) specifies an additional criterion. The
Commission also may consider reallocating funds to workforce areas
that have an established plan for working with at least one of the
Governor's industry clusters, as detailed in the local Board plan.
New §800.77(c)(1), (3), (5), and (6), previously located in
repealed §800.75(a)(1) - (4), provides the criteria that the
Commission may consider when modifying a reallocation amount.
New §800.77(c)(2) is an additional criterion. The Commission
also may consider the amount available for reallocation versus the
total dollar amount of the requests, thus providing the Commission
flexibility when considering Boards' reallocation requests.
New §800.77(c)(4) also provides an additional criterion. The
Commission may consider the extent to which a workforce area's project
supports activities related to the Governor's industry clusters.
New §800.77(d), previously located in repealed §800.75(c),
is reworded to mirror new §800.74(e).
PART III. IMPACT STATEMENTS
Randy Townsend, Chief Financial Officer, has determined that for
each year of the first five years the rules will be in effect, the
following statements will apply:
There are no estimated additional costs to the state government
expected as a result of enforcing or administering the rules. We cannot
estimate whether there will be an additional cost to local governments
(Boards) as a result of enforcing or administering the rules.
There are no estimated reductions in costs to the state and to
local governments as a result of enforcing or administering the rules.
There are no estimated increases or losses in revenue to the state
and to local governments as a result of enforcing or administering
the rules.
Enforcing or administering the rules does not have foreseeable
implications relating to the cost or revenues of the state or local
governments.
There is no probable economic cost to persons required to comply
with the rule.
Economic Impact Statement and Regulatory Flexibility Analysis
There is no estimated adverse economic effect on small businesses.
Mark Hughes, Director of Labor Market Information, has determined
that there is no significant negative impact upon employment conditions
in the state as a result of the rules.
Laurence M. Jones, Director, Workforce Development Division, has
determined that for each year of the first five years the rules are
in effect, the public benefit anticipated as a result of enforcing
the proposed rules will be to enhance the accountability of and ensure
the appropriate expenditure of public funds allocated to workforce
areas for needed services.
PART IV. COORDINATION ACTIVITIES
In the development of these rules for publication and public comment,
the Commission sought the involvement of Texas' 28 Boards. The Commission
provided the concept paper regarding these rule amendments to the
Boards for consideration and review on November 12, 2008. The Commission
also conducted a conference call with Board executive directors and
Board staff on November 14, 2008, to discuss the concept paper. During
the rulemaking process, the Commission considered all information
gathered in order to develop rules that provide clear and concise
direction to all parties involved.
Comments on the proposed rules may be submitted to TWC Policy Comments,
Workforce Policy and Service Delivery, attn: Workforce Editing, 101
East 15th Street, Room 440T, Austin, Texas 78778; faxed to (512) 475-3577;
or e-mailed to TWCPolicyComments@twc.state.tx.us. The Commission must
receive comments postmarked no later than 30 days from the date this
proposal is published in the Texas Register.
SUBCHAPTER A. GENERAL PROVISIONS
40 TAC §800.2
The rules are proposed under Texas Labor Code §301.0015
and §302.002(d), 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 Agency services and
activities.
The proposed rules affect Title 4, Texas Labor Code, particularly
Chapters 301 and 302.
§800.2.Definitions.
The following words and terms, when used in this part, relating
to the Texas Workforce Commission, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) Agency--The unit of state government established
under Texas Labor Code Chapter 301 that is presided over by the Commission
and administered by the Executive Director to operate the integrated
workforce development system and administer the unemployment compensation
insurance program in this state as established under the Texas Unemployment
Compensation Act, Texas Labor Code Annotated, Title 4, Subtitle A,
as amended. The definition of "Agency" shall apply to all uses of
the term in rules contained in this part, or unless otherwise defined,
relating to the Texas Workforce Commission that are adopted after
February 1, 2001.
(2) Allocation--The amount approved by the Commission
for expenditures to a local workforce development area during
a specified program year, according to specific state and federal
requirements.
(3) Board--A Local Workforce Development Board created
pursuant to Texas Government Code §2308.253 and certified by
the Governor pursuant to Texas Government Code §2308.261. This
includes such a Board when functioning as the Local Workforce Investment
Board as described in the Workforce Investment Act §117 (29 U.S.C.A. §2832),
including those functions required of a Youth Council, as provided
for under the Workforce Investment Act §117(i). The definition
of "Board" shall apply to all uses of the term in the rules contained
in this part, or unless otherwise defined, relating to the Texas Workforce
Commission that are adopted after February 1, 2001.
(4) Child Care--Child care services funded through
the Commission, which may include services funded under the Child
Care and Development Fund, WIA, and other funds available to the Commission
or a Board to provide quality child care to assist families seeking
to become independent from, or who are at risk of becoming dependent
on, public assistance while parents are either working or participating
in educational or training activities in accordance with state and
federal statutes and regulations.
(5) Choices--The employment and training activities
created under §31.0126 of the Texas Human Resources Code and
funded under TANF (42 U.S.C.A. 601 et seq.) to
assist persons who are receiving temporary cash assistance, transitioning
off, or at risk of becoming dependent on temporary cash assistance
or other public assistance in obtaining and retaining employment.
(6) Commission--The body of governance of the Texas
Workforce Commission composed of three members appointed by the Governor
as established under Texas Labor Code §301.002 that includes
one representative of labor, one representative of employers and one
representative of the public. The definition of "Commission" shall
apply to all uses of the term in rules contained in this part, or
unless otherwise defined, relating to the Texas Workforce Commission
that are adopted after February 1, 2001.
(7) Formal Measures--Workforce development services
performance measures adopted by the Governor and developed and recommended
through the Texas Workforce Investment Council (TWIC).
(8) Employment Service [
(9) Executive Director--The individual appointed by
the Commission to administer the daily operations of the Agency, which
may include a person delegated by the Executive Director to perform
a specific function on behalf of the Executive Director.
[
(10) [
(11) [
(12) [
(13) [
(14) [
(A) Child Care: October 1 - September 30;
(B) Choices: October 1 - September 30;
(C) Employment Service [
(D) Supplemental Nutrition Assistance Program [
(E) Project RIO: October 1 - September 30;
(F) Trade Act Services:[
(G) Veterans' Employment and Training: October 1 - September 30;
(H) Workforce Investment Act (WIA) Adult, Dislocated
Worker, and Youth formula funds: July 1 - June 30;
(I) WIA Alternative Funding for Statewide Activities:
October 1 - September 30; and
(J) WIA Alternative Funding for One-Stop Enhancements:
October 1 - September 30.
(15) [
(16) Supplemental Nutrition Assistance
Program Employment and Training (SNAP E&T)--A program to assist
SNAP recipients to become self-supporting through participation in
activities that include employment, job readiness, education, and
training, activities authorized and engaged in as specified by federal
statutes and regulations (7 U.S.C.A. §2011), and Chapter 813
of this title relating to Supplemental Nutrition Assistance Program
Employment and Training.
(17) TANF--Temporary Assistance for Needy Families,
which may include temporary cash assistance and other temporary assistance
for eligible individuals, as defined in the Personal Responsibility
and Work Opportunities Reconciliation Act of 1996, as amended (7 U.S.C.A. §201.1
et seq.) and the Temporary Assistance for
Needy Families statutes and regulations (42 U.S.C.A. §601
et seq, 45 C.F.R. Parts 260 - 265). TANF
may also include the TANF State Program (TANF SP), relating to two-parent
families, which is codified in Texas Human Resources Code
, Chapter 34.
(18) Trade Act Services--Programs authorized by the
Trade Act of 1974, as amended (and 20 C.F.R. [
(19) TWIC--Texas Workforce Investment Council appointed
by the Governor pursuant to Texas Government Code §2308.052 and
functioning as the State Workforce Investment Board (SWIB), as provided
for under the Workforce Investment Act §111(e) (29 U.S.C.A. §2821(e)).
In addition, pursuant to the Workforce Investment Act §194(a)(5)
(29 U.S.C.A. §2944(a)(5)), TWIC maintains the duties, responsibilities,
powers, and limitations as provided in Texas Government
Code §§2308.101 - 2308.105. Formerly known as the Texas
Council on Workforce and Economic Competitiveness (TCWEC), any references
to TCWEC when used in this part are now considered references to TWIC.
(20) Texas Workforce Center Partner--An entity that [
(21) Veterans' Employment and Training--Services established
under the Jobs for Veterans Act of 2002 (P.L. 107-288 [
(22) WIA--Workforce Investment Act[
(23) WIA Formula Allocated Funds--Funds allocated by
formula to workforce areas for each of the following separate categories
of services: WIA Adult, Dislocated Worker and Youth (excluding the
Secretary's and Governor's reserve funds and rapid response funds).
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 16, 2009.
TRD-200902438
Reagan Miller
Deputy Division Director, Workforce Policy and Service Delivery
Texas Workforce Commission
Earliest possible date of adoption: August 2, 2009
For further information, please call: (512) 475-0829
three]
psychiatric hospitalization [hospitalizations]
in the preceding 12 months; [and]
fourth]
psychiatric hospitalization; and [.]
PART 20. TEXAS WORKFORCE COMMISSIONServices]--A
program to match qualified job seekers with employers through a statewide
network of one-stop career centers. (The Wagner-Peyser Act of 1933
(Title 29 U.S.C. [USC], Chapter 4B) as amended
by the Workforce Investment Act of 1998 (P.L. 105-220)[.])
(10) Food Stamp Employment and Training
(FSE&T) Activities--A program to assist food stamp recipients
to become self-supporting through participation in activities which
include employment, job readiness, education, and training, The activities
authorized and engaged in as specified by federal Food Stamp Employment
and Training statutes and regulations (7 U.S.C.A. 2011), and Chapter
813 of this title relating to Food Stamp Employment and Training.]
(11)] Local Workforce
Development Area (workforce area)--Workforce areas designated by the
Governor pursuant to Texas Government Code §2308.252 and functioning
as a Local Workforce Investment Area, as provided for under the Workforce
Investment Act §116 and §189(i)(2) (29 U.S.C.A. [
USCA], §2831 and §2939).
(12)] One-Stop Service
Delivery Network--A one-stop-based network under which entities responsible
for administering separate workforce investment, educational and other
human resources programs and funding streams collaborate to create
a seamless network of service delivery that shall enhance the availability
of services through the use of all available access and coordination
methods, including telephonic and electronic methods. Also referred
to as the Texas Workforce Network.
(13)] Performance Measure--An
expected performance outcome or result.
(14)] Performance Standard--A
contracted numerical value setting the acceptable and expected performance
outcome or result to be achieved for a performance measure, including
Core Outcome Formal Measures.
(15)] Program Year--The
twelve-month period applicable to the following as specified:
Services]:
October 1 - September 30;
Food Stamp
] Employment and Training: October 1 - September 30;
;] October
1 - September 30;
(16)] Project Reintegration
of Offenders (RIO)--A program that prepares and transitions ex-offenders
released from Texas Department of Criminal Justice or Texas Youth
Commission incarceration into gainful employment as soon as possible
after release, consistent with provisions of the Texas Labor Code,
Chapter 306, Texas Government Code §2308.312, and the Memorandum
of Understanding with the Texas Department of Criminal Justice and
the Texas Youth Commission.
CFR]
Part 617) providing services to dislocated workers eligible for Trade
benefits through Texas Workforce Centers [workforce
centers].
which
] carries out a workforce investment, educational, or
other human resources program or activity, and that [which
] participates in the operation of the One-Stop Service Delivery
Network in a [local] workforce area consistent with the
terms of a memorandum of understanding entered into between the entity
and the Board.
Public Law 107-288], 38 U.S.C.A. §§4100, 4201, and 4301 [
§4100, 4201, and 4301]) the Disabled Veterans Outreach
Program (DVOP) and the Local Veterans Employment Representative (LVER)
program to provide employment services to disabled veterans, veterans
of the Vietnam era, and other eligible veterans and family members.
,] (P.L.
105-220 29 U.S.C.A. §2801 et seq.). [
Public Law 105-220 29 U.S.C.A. §2801 et seq.] References
to WIA include references to WIA formula allocated funds unless specifically
stated otherwise.
SUBCHAPTER B. ALLOCATIONS