Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 18. Organic Food Standards and Certification 4 TAC sec.sec.18.1-18.4, 18.7, 18.8, 18.18, 18.20, 18.21, 18.23, 18. 26, 18.30, 18.33, 18.34, 18.37, 18.39 The Texas Department of Agriculture (TDA) adopts amendments to sec.sec.18.1-18. 4, 18.7, 18.8, 18.18, 18.20, 18.21, 18.23, 18.26, 18.30, 18.33, 18.34, 18.37, and new 18.39, without changes to the proposed text as published in the December 24, 1991, issue of the Texas Register (16 TexReg 7604). The amendments are adopted to clarify definitions used in Chapter 18 and to simplify the administrative procedures governing the Texas Department of Agriculture's Organic Certification Program. New sec.18.39 adopted in accordance with the authority provided by House Bill 11, 72nd Legislature, First Called Special Session (1991) in order to allow TDA to recover some of its costs of inspection for certification of organic food. The amendments remove some provisions of Chapter 18 that the TDA's experience has shown to be unnecessary and/or unworkable. The amendments also reflect that organic certification is no longer administered by TDA's Consumer Services Program and clarify that drugs, drug ingredients, and products advertised as possessing medicinal qualities are not eligible for certification under this chapter. New sec.18.39 establishes an inspection fee to be paid by producers, retailers, distributors, and processors at the time of application or renewal of certification. Comments were received from the Texas Consumers Union. The Texas Consumers Union generally supports the amendments and new section, However, the Consumers Union is concerned about the approval process for practices and materials designated as "regulated" under Chapter 18. In addition, the Consumers Union believes that a list of certified organic growers who have been approved to use regulated practices and materials should be available to consumers and other producers. TDA believes that the approval process currently in Chapter 18 is sufficient in that requests are examined thoroughly before any such approval is given and monitored thereafter to assure that the use of regulated practices is not abused. Further, the use of regulated practices and materials will becomes a moot issue after October 1, 1992, the effective date of new provisions contained in the Food Security Act of 1990, Title 21, which disallow the use of regulated practices. TDA is taking steps to assure that Chapter 18 will comply with those provisions. In regards to the list of certified organic growers approved to use regulated practices and materials, the information is currently available to the public upon the submitting of a written request under the Texas Open Records Act. The amendments and new section are adopted under the Texas Agriculture Code, sec.12.002, which provides TDA with the authority to encourage the proper development of agriculture, horticulture, and related industries; sec.12.016, which authorizes TDA to adopt rules as necessary for the administration of the Code; sec.sec.12.001-12.015; and sec.12.0175, as amended by House Bill 11, 72nd Legislature (1991), which provides TDA with the authority to charge an annual fee not to exceed $500 for each participant certified by TDA under an organic certification program, as a processor, and a fee not to exceed $150 for each participant certified by TDA as a producer, distributor, or retailer. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 15, 1992. TRD-9206726 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: June 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 463-7583 4 TAC sec.18.25 The Texas Department of Agriculture adopts the repeal of sec.18.25, concerning a voluntary program for the certification of organic food, without changes to the proposed text as published in the December 25, 1991, issue of the Texas Register (16 TexReg 7612). The repeal of sec.18.25 will simplify the organic food certification program by eliminating a requirement for certification which the department has no authority to enforce. The adoption eliminates sec.18.25 concerning labor practices of organic producers seeking certification by the department. Comments were received from the Texas Consumers Union favoring the retention of sec.18.25. The Consumers Union representative acknowledge that other agencies regulate fair labor practices but thought it would be helpful for programs such as TDA's organic food certification program to also address labor laws. Texas Consumer Union, commented against the repeal. While the department agrees that organic producers must comply with all applicable state and federal labor laws, the department believes that it is inappropriate to make such compliance a basis for certification of organic food given that the department has no legal authority to enforce state or federal labor laws. The repeal is adopted under the Texas Agriculture Code, sec.12.002, encouraged the proper development of agriculture, horticulture, and related industries; and sec.12.006, which authorizes the department to adopt rules as necessary for the administration of the Code, sec.sec.12.001-12.015. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 15, 1992. TRD-9206727 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: June 5, 1992 Proposal publication date: December 24, 1992 For further information, please call: (512) 463-7583 TITLE 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 91. Chartering, Operations, Mergers, Liquidations Powers of Credit Unions 7 TAC sec.91.402 The Credit Union Department adopts the repeal of sec.91.402, concerning the retention of records without changes to the proposed text as published in the September 10, 1991, issue to the Texas Register (16 TexReg 4914). Requirements for maintaining, copying, and destroying historical and operating records is constantly changing, especially with the advent of numerous electronic methods. Therefore, this rule has been completely revised and an updated rule containing new requirements has been adopted which takes into consideration electronic methods of developing records as well as hardcopy, written records. This rule will be repealed and an updated sec.91.402 will become effective. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 3, 1992. TRD-9206778 John R. Hale Commissioner Credit Union Department Effective date: June 8, 1992 Proposal publication date: April 17, 1992 For further information, please call: (512) 837-9236 The Credit Union Commission adopts new sec.91.402, concerning the retention of records, without changes to the proposed text as published in the January 28, 1992, issue of the Texas Register (17 TexReg 607). Current record retention periods had become obsolete and required updating to comply with the latest statutory and regulatory requirements as well as to permit use of the latest technology that is available for copying documents for record and retention. This rule will standardize records retention programs in state-chartered credit unions, provide more flexibility in the options available for retaining essential records, and eliminate the retention time of some records which are considered neither essential nor permanent records. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 3, 1992. TRD-9206773 John R. Hale Commissioner Credit Union Department Effective date: June 8, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 837-9236 TITLE 16. ECONOMIC REGULATION Part IV. Department of Licensing and Regulation Chapter 61. Boxing 16 TAC sec.sec.61.1, 61.10, 61.20-61.22, 61.40, 61.50, 61.60, 61.61, 61.70- 61.73, 61.80, 61.90-61.94, 61.100-61.109 The Texas Department of Licensing and Regulation adopts the repeal of sec.sec.61.1, 61.10, 61.20-61.22, 61.40, 61.50, 61.60, 61.61, 61.70-61.73, 61.80, 61. 90-61.94, and 61.100-61.109, without changes to the proposed text as published in the April 10, 1992, issue of the Texas Register (17 TexReg 2566). The sections are repealed to allow for the adoption of edited, renumbered, and reorganized sections. The sections will replace the repealed rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 8501-1 and Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules to assure compliance with the intent and purpose of the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1992. TRD-9206701 Jack Garison Acting Executive Director Texas Department of Licensing and Regulation Effective date: June 4, 1992 Proposal publication date: April 10, 1992 For further information, please call: (512) 463-3127 16 TAC sec.sec.61.1, 61.10, 61.20-61.27, 61.40, 61.50-61.53, 61. 60-61.62, 61.70-61.80, 61.90, 61.91, 61.100-61.114 The Texas Department of Licensing and Regulation adopts new sec.sec.61.1, 61.10, 61.20-61.27, 61.40, 61.50-61.53, 61.60-61.62, 61.70-61.80, 61.90, 61.91, and 61. 100-61.114. Section 61.109 is adopted with changes to the proposed text as published in the April 10, 1992, issue of the Texas Register (17 TexReg 2567). Sections 61.1, 61.10, 61.20-61.27, 61.40, 61.50-61.53, 61.60-61.62, 61. 70- 61.80, 61.90, 61.91, 61.100-61.108, and 61.110-61.114 are adopted without changes and will not be republished. The rules as adopted reorganize, renumber, and clarify the existing Boxing rules. Section 61.109 is being adopted with changes to correct a typographical error in subsection (c). The sections reorganize, renumber, and clarify the existing Boxing rules. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 8501-1 and Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules to assure compliance with the intent and purpose of the Act. sec.61.109. Technical Requirements -Boxer. (a) All boxers applying for a license shall pass a comprehensive medical examination before they can be licensed. The examination consists of a medical history, boxing history, a physical examination, and a report of a negative HIV and HBV test. The results of such test will be provided only to the fighter. Upon application for the boxer's first Texas license, he must also provide a report of a normal EEG. This examination shall be given by a physician and the physician shall report the examination results on a department-approved form. Out-of-state boxers may get the department comprehensive medical examination form and have it completed by a physician. The examining physician may require tests such as CAT scans, MRI, and EKGs. The boxer and manager are jointly responsible for ensuring this examination is completed. (b) All boxers applying for a license shall undergo a complete medical eye exam by an ophthalmologist and submit the results on a department-approved form. Exams by optometrists do not meet this requirement. (c) Boxers shall fulfill the terms of their contracts. When a contestant fails to appear according to his contract, he shall satisfactorily prove he was ill, had a valid reason for not appearing, or was otherwise prevented from carrying out the agreement. A doctor's certificate shall be required for illness. Affidavits are required to support other circumstances. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1992. TRD-9206702 Jack Garison Acting Executive Director Texas Department of Licensing and Regulation Effective date: June 4, 1992 Proposal publication date: April 10, 1992 For further information, please call: (512) 463-3127 TITLE 22. EXAMINING BOARDS Part XVI. Texas State Board of Physical Therapy Examiners Chapter 339. Fees 22 TAC sec.339.1 The Texas State Board of Physical Therapy Examiners adopts an amendment to sec.339.1, concerning examinations, without changes to the proposed text as published in the April 3, 1992, issue of the Texas Register (17 TexReg 2370). Due to the rising cost of examination fees by the examination service, the board passed a motion to raise the fees to help pay the examination costs. This section will increase two statutory fees. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 14, 1992. TRD-9206770 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: June 5, 1992 Proposal publication date: April 3, 1992 For further information, please call: (512) 443-8202 Part XXV. Structural Pest Control Board Chapter 591. General Provisions 22 TAC sec.591.21 The Structural Pest Control Board adopts an amendment to sec.591.21, concerning definitions, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1874). The amendment is adopted in order to clarify the supervisory status and duties of the technician-apprentice. The amendment defines technician-apprentice and direct supervision. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 135b-6, which provides the Structural Pest Control Board with the authority to test, license, regulate, and develop standards for the structural pest control industry. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 14, 1992. TRD-9206759 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: June 5, 1992 Proposal publication date: March 13, 1992 For further information, please call: (512) 835-4066 Chapter 593. Licenses 22 TAC sec.sec.593.1, 593.3, 593.7, 593.13, 593.23, 593.24 The Structural Pest Control Board adopts amendments to sec.sec.593.1, 593.3, 593.7, 593.23, 593.24, and new sec.593.13, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1875). The amendments clarify license requirements for technician-apprentices and insurance requirements for inactive certified applicators. They create a certified noncommercial applicator apprentice license, continuing education requirements are amended to give the executive director hardship authority, and to exempt certain non-profit organizations from the course approval fee. The amendments allow inactive certified applicators to avoid providing insurance. They also define technician-apprentice. They create a certified noncommercial applicator apprentice who must work under the direct supervision of a certified noncommercial applicator temporarily until full certification is obtained. The executive director is given the authority to grant hardships from continuing education requirements due to severe illness or other extenuating circumstances. Non-profit organizations are exempted from the continuing education course approval fee if the course is given as a part of the organization's legally mandated function. Comments generally supported the apprentice status for certified noncommercial applicants. Many comments were actually inquiries as to how the regulations would function or comments on previously adopted regulations. The names of groups and associations making comments for the section was as follows: Texas Pest Control Association; Texas Apartment Association; The Chemical Connection. The amendments and new section are adopted under Texas Civil Statutes, Article 135b-6, which provides the Structural Pest Control Board with the authority to test, license, regulate, and develop standards for the regulation of structural pest control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 14, 1992. TRD-9206761 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: June 5, 1992 Proposal publication date: March 13, 1992 For further information, please call: (512) 835-4066 Chapter 595. Compliance and Enforcement 22 TAC sec.595.6, sec.595.8 The Structural Pest Control Board adopts amendments to sec.595.6 and sec.595. 8, concerning pest control signs, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1876). The amendments clarify posting requirements for vacant, unused, and unoccupied spaces and allow advertising on the notice of pest control treatment. The amendments clarify that space that will be vacant, unused, and unoccupied at the time of treatment is not required to be posted 48 hours in advance. The addition of advertising or logos to the notice of pest control treatment is expressly permitted. Comments generally favored these amendments. The Chemical Connection opposed the amendments on the grounds that space could be released for occupancy immediately after treatment and that occupants immediately adjacent would not be aware of a treatment. The names of groups and associations making comments for and against the section were as follows. For: Texas Pest Control Association; Texas Apartment Association. Against: The Chemical Connection. The amendments clarify that the posting statute requires a pre-application notification rather than a post-application notification. The regulations do require any person occupying space adjacent to treated space to be notified of a treatment in the case of multi-family housing. The amendments are adopted under Texas Civil Statutes, Article 135b-6, which provide the Structural Pest Control Board with the authority to test, license, regulate, and develop standards for the regulation of structural pest control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 14, 1992. TRD-9206760 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: June 5, 1992 Proposal publication date: March 13, 1992 For further information, please call: (512) 835-4066 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 7. Corporate and Financial Subchapter M. Regulatory Fees 28 TAC sec.7.1301 The State Board of Insurance of the Texas Department of Insurance adopts an amendment to sec.7.1301 without changes to the proposed text as published in the February 14, 1992, issue of the Texas Register (17 TexReg 1271). The amendement is necessary to implement the Insurance Code, Article 3.53, by providing for a filing fee for credit life and credit accident and health forms and premium rate schedules filed under that article. The fees are in the amount of $100. The fees will be listed in sec.7.1301 (i). No comments were received regarding adoption of the amendment. The amendment is proposed under Insurance Code, Articles 3.53, and 1.04, the Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5. The Insurance Code, Article 3.53, requires the department to charge fees for forms or schedules filed under that article. Article 1.04(b) authorizes the board to determine rules. Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5 authorize and require each state agency to adopt rules of practice setting forth the nature and requirements of available procedures and prescribe the procedures for adoption of rules by a state administrative agency. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 14, 1992. TRD-9206672 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: June 4, 1992 Proposal publication date: February 14, 1992 For further information, please call: (512) 463-6327 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 87. Treatment Program Planning 37 TAC sec.87.25 The Texas Youth Commission (TYC) adopts new sec.87.25, with changes to the proposed text as published in the April 10, 1992, issue of the Texas Register (17 TexReg 2597). The adoption of this section will increase the use of available federal funding. The changes include the following. A telephone interview with the parents of a youth in the custody of TYC can be used to determine if the parents receive AFDC. Procedures have been added for the eligibility worker in the event that the youth is transferred to another program or sent home. The dispositional review hearing may be conducted by teleconference. Other changes are for clarification only. The new rule concerns Title IV-E foster care youth. The agency will commence participating in Title IV-E program to generate federal funds. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, sec.61.0761, which gives the commission authority to develop programs that encourage family involvement in the rehabilitation of the child. sec.87.25. Title IV-E Foster Care Youth. (a) Policy. The Texas Youth Commission (TYC) participates in the federal Title IV-E foster care funding program. All youth placed in halfway houses or assigned contract care facilities are screened for eligibility for Title IV-E foster care maintenance payments. (b) Rules. (1) Screen all admissions to eligible facilities and notify TYC/TDHS eligibility worker. (2) All Title IV-E youth are enrolled in the medicaid program and medicaid providers are utilized for health care needs. (3) All Title IV-E youth must have six month administrative reviews held by a TYC case analyst who is not connected with that youth's case. (4) All Title IV-E youth must have a dispositional review hearing after 18 months. This hearing is held by a TYC hearing examiner. (5) All TYC policies implementing case management and family involvement are equally applicable to Title IV-E youth. (6) All Title IV-E youth must be afforded protection and assistance required by federal law. (c) Procedures. (1) Assessment. The primary service worker (PSW) accomplishes the following: (A) upon admittance to a TYC halfway house or eligible contract care program, reviews the youth's case to determine whether the parents are recipients of aid to families with dependent children (AFDC) or whether deprivation exists in the home: (i) determines if the parent receives AFDC by reviewing: (I) common application (Financial Section 8 page 15); (II) common application (page 1)-whether youth has a DHS number; (III) personal interview with the youth; or (IV) telephone interview with parents. (ii) determines if deprivation exists in the home if one or more of the following conditions are found: (I) parents never married; (II) one parent absent from the home due to divorce, death, or incarceration; (III) primary wage earner unemployed; (IV) parent incapacitated (incapacitation must be verified through Texas Rehabilitation Commission or Texas Department of Human Services); (V) youth living with one parent due to separation or desertion of other parent; or (VI) youth living with a relative who qualifies for AFDC; (B) refers youth to TYC/TDHS eligibility worker if youth meets previously listed conditions or PSW thinks the youth should qualify; (C) completes Title IV-E e-form; (D) submits e-form to eligibility worker within five working days after youth's arrival; (E) updates common application if needed. (2) Certification of youth. (A) The eligibility worker accomplishes the following: (i) reviews information presented; (ii) requests additional information from youth's PSW if needed; (iii) contacts youth's parole officer for additional financial information needed from family or to confirm current information. (B) The parole officer updates common application with additional financial information regarding family and/or other resources available in the home community and notifies eligibility worker. (C) The eligibility worker accomplishes the following: (i) certifies or denies youth's eligibility. Completes certification form and begins file on youth; (ii) completes Foster Care, Adoption and Conservatorship Tracking System (FACTS) Form and enters into TDHS (RMS) system; (iii) enters youth into TYC tracking system; (iv) informs youth's PSW of eligibility status; (v) assigns TYC case analyst to youth; (vi) recertifies youth every six months. (3) IV-E individual case plan development. (A) The PSW completes ICP: IV-E Eligible Youth Form (CCF-114 2b) after the youth is determined eligible for Title IV-E services and within 30 days after admission to the program. PSW insures that the document is completed and includes the following information: (i) determines if placement is in close proximity to parents home, youth's school, and is the least restrictive placement available that can provide services to meet the youth's needs. Gives reasons if this criteria is not met; (ii) includes reason for youth's placement. If youth enters the program from another program, the reason for the placement should be documented in the referring program's ICP: Review Release Summary; (iii) indicates why the placement is appropriate; (iv) indicates any support services needed to assist the care giver or child care worker in working with the youth. If none needed indicates by writing N/A; (v) if youth is over the age of 16, indicates what steps are being taken for independent living preparation or for the return home; (vi) indicates if the youth's health and education records are present in the masterfile or have been given to the contract care provider; and (vii) insures program administrator and person completing the ICP: IV-E Eligible Youth form sign the document and the document is placed in the youth's file. (B) TYC case analyst contacts the youth's parole officer and requests copy of the detention order which removed the youth from the home prior to his/her commitment to TYC. (C) The parole officer or designee obtains order and forward to case analyst. (D) TYC case analyst insures order is placed in youth's masterfile. (E) TYC case analyst monitors Title IV-E youth case management to ensure compliance with federal guidelines. (4) Administrative reviews. (A) TYC case analyst schedules IV-E Administrative Review three weeks prior to actual review date to insure all parties have enough time to receive notice and plan participation. (B) TYC case analyst informs PSW, program administrator, and parole officer of date and time of review so that they plan their participation. (C) TYC case analyst sends certified letter to parents, a copy to PSW, and masterfile. (D) The PSW updates ICP review release summary. Contacts parents and parole office for input into plan and includes the following: (i) compliance with ICP case plan objectives; (ii) need for continued placement and appropriateness of placement; (iii) long range goal for reentry/family reunification or independent living; (iv) feedback from parole officer as to whether parents followed up on counseling or support services offered; and (v) confirmation of parent's participation; and documents in masterfile chronological. (E) If youth is transferred to another program or sent home, PSW notifies eligibility worker via Title IV-E e-form. Eligibility worker does the following: (i) removes youth from facts system and TYC tracking system if youth returns home; (ii) updates youth on facts system if youth moves to another eligible facility; or (iii) places youth in a temporary holding status if placed in an eligible facility. (F) TYC case analyst holds administrative review and determines the following: (i) How has youth progressed on case plan objectives? (ii) Are permanency plan objectives realistic and achievable? (iii) What is reason for continued placement? (iv) Is placement appropriate? (v) Is progress made toward alleviating or mitigating the causes for youth being placed out of the home? (vi) The administrative review includes a thorough review of all previous ICP and monthly reviews while in placement. (G) TYC case analyst documents TYC administrative review form and insures the following people receive copies: (i) youth; (ii) parent; (iii) PSW; and/or (iv) parole officer. (H) The PSW places original in youth's masterfile. (I) TYC case analyst holds administrative reviews on youth every six months except when an 18-month dispositional review hearing is needed. (5) Dispositional hearing. (A) Two months prior to a dispositional review hearing date, TYC case analyst contacts the legal department to schedule a hearing. (B) TYC legal department sets hearing and informs TYC case analyst of date and time. (C) TYC legal department appoints attorney for the youth and informs PSW and TYC case analyst. (D) TYC legal department verifies approval to hold hearing from the committing court. (E) TYC case analyst informs PSW of date and time of hearing and requests updated review release ICP to answer following questions: (i) Has youth complied with case plan objectives? (ii) What is reason for continued placement? (iii) If over 16, what are plans for independent living? (iv) What is permanent plan for placement, including why the youth cannot return home? (v) What has TYC done to try to place the youth back in the home? (vi) What are recommendations for continued placement? (F) The PSW forwards review release ICP to TYC case analyst. (G) TYC case analyst completes administrative/ dispositional review report and sends it to the hearings examiner and youth's attorney. Sends copy to PSW and masterfile. (H) The PSW discusses hearing with youth and the youth's attorney to determine if on-site hearing and youth's presence is required. Document in youth's chronological. (I) The PSW informs TYC case analyst and hearings examiner via telex. Documents in youth's chronological. (J) TYC case analyst contacts parents and/or legal conservator of hearing time and date via certified letter. (K) TYC case analyst forwards copy of certified letter to youth's masterfile and notifies program administrator, PSW and parole officer via telex of finalized hearing date. (L) The hearings examiner holds dispositional review hearing. The hearing may be conducted by teleconference. (M) The hearings examiner signs dispositional review hearing order at the hearing. (N) The PSW places the order in the masterfile. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1992. TRD-9206640 Ron Jackson Executive Director Texas Youth Commission Effective date: June 3, 1992 Proposal publication date: April 10, 1992 For further information, please call: (512) 483-5244 Part XI. Texas Juvenile Probation Commission Chapter 341. Texas Juvenile Probation Commission 37 TAC sec.341.21 The Texas Juvenile Probation Commission adopts an amendment to sec.341.21, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2116). This amendment is made to reflect existing conditions. Each juvenile probation department will make an agreement to coordinate services to runaways by September 1, 1990, with a designated local employee of the Texas Department of Human Services. The section designates the number of runaways for each county that is considered a high number. It provides a procedure for foster homes which want to serve both delinquents and children served by the Texas Department of Human Services. It describes the information which will be available for the legally required annual report to the governor, lieutenant governor, and speaker of the house. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Human Resource Code, sec.141.0475, which provides the Texas Juvenile Probation Commission with the authority to develop a memorandum of understanding and model cooperative agreement. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 23, 1992. TRD-9206627 Bernard Licarione, Ph.D. Executive Director Texas Juvenile Probation Commission Effective date: June 3, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 443-2001