Subchapter A. Standards for Child-Placing Agencies

The Texas Department of Protective and Regulatory Services (TDPRS) proposes amendments to §§725.1001, 725.1404, 725.1802, 725.2035, 725.2047, and 725.4050, concerning definitions, nonregulated activities, notice of action against a facility/registered or listed family home, denial or revocation of a registration, regulations for listed homes, and release hearings; proposes new §§725.1811 and 725.1812, concerning change of location of a facility/family home/foster home/foster group home and voluntary suspension; and proposes the repeal of §§725.2018 and 725.3054, concerning administrative licensing suspension and request for suspension, in its General Licensing Procedures chapter.

The purpose of the new sections is to clarify procedures and requirements for facilities and homes that change their locations and to clarify procedures for facilities and homes who want to voluntarily suspend their license or registration. The purpose of the amendments is to add requirements to licensing rules to require facilities notified by TDPRS that their licenses/registrations/listings have been revoked or suspended to provide verification to TDPRS that parents have been notified of their status. The amendment to §725.1404 adds adult caregivers who have court-ordered possessory conservatorship as exempt from regulation. The amendment to §725.2047 sets a minimum age requirement of 18 years for listed family home providers. The amendment to §725.4050 clarifies who may request that the State Office of Administrative Hearings combine appeals. The repeals delete rules related to requests for voluntary suspensions which are covered in proposed new §725.1812.

Cindy Brown, Budget and Analysis Division Director, 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 to clarify current information in licensing rules. There will be no effect on small businesses because the proposed revisions clarify current procedures and requirements. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Questions about the content of the proposal may be directed to Miriam Williams at (512) 438-3807 in TDPRS's Licensing Division. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-193, Texas Department of Protective and Regulatory Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

Subchapter A. Definitions