TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 54. FAMILY VIOLENCE PROGRAM

The Texas Department of Human Services (DHS) proposes the repeal of §54.410 and §54.526, concerning audit requirements and record retention; proposes to amend §§54.101, 54.203 - 54.205, 54.306, 54.308, 54.310 - 54.312, 54.402, 54.405 - 54.407, 54.409, 54.414, 54.502, 54.504, 54.505, 54.507, 54.519, 54.521, 54.606, 54.703, 54.706, 54.707, 54.709, 54.710, 54.713, 54.718, 54.801, 54.804, 54.806, and 54.808 - 54.811, concerning definitions, composition, orientation, in-service training, waiver, new contractors, review of the purchase of services budget and plan of operation, contractor's records, contract amendments, budget, local matching funds, general management and overhead costs, monthly reporting and billing, required annual report, internal monitoring system, personnel policies and procedures, maintenance of personnel files, fair labor standards act of 1938 requirements, disabilities in the workforce, initial training, confidentiality rights of staff, 24-hour-a-day shelter - safety and security, client eligibility and minors, confidentiality agreement, confidentiality policies and procedures training, access to case files, release of information, retention and destruction of records, volunteer recruitment and training program, crisis call hotline procedures, initial delivery of direct services, 24-hour-a-day shelter: voluntary and involuntary termination of services, non-emergency medical care, legal assistance in the civil and criminal justice systems, counseling services, and educational arrangement for children; proposes new subchapters I, J, K, L, M, N, and O, concerning board of directors, contract and fiscal standards, fiscal management, personnel, facility safety and health, program administration standards, and service delivery; and new §§54.410, 54.526, 54.527, 54.901 - 54.904, 54.1001 - 54.1008, 54.1101 - 54.1114, 54.1201 - 54.1207, 54.1301 - 54.1303, 54.1401 - 54.1414, and 54.1501 - 54.1503, concerning audit requirements, domestic violence in the workplace, grievance procedures, nonprofit corporation act, financial and oversight responsibilities, confidentiality, record retention, eligibility to contract, new contractors, current contractors, review of the purchase of services budget and plan of operation, contractor's records, contract amendments, subcontracts, change in corporate control, accounting system requirements, budget, contributions, cash/in-kind match, local matching funds, general management and overhead costs, monthly reporting and billing, required quarterly reports, required annual report, audit requirements, fiscal and program monitoring and evaluation, contract monitoring, special nonresidential project responses to monitoring reports, internal monitoring system, fair employment law, fair labor standards act of 1938 requirements, disabilities in the workforce, job descriptions, leave, initial training, record retention, physical plant, safety and security, health and hygiene for children's services, client eligibility state and federal laws, client eligibility and minors, client eligibility policies and procedures, confidentiality policy and procedures, confidentiality agreement, confidentiality policies and procedures training, content of case files, verification of client services, access to case files, release of information, court orders, report of abuse, counseling services, retention and destruction of records, required core services, initial delivery of direct services, and voluntary and involuntary termination of services, in its Family Violence Program chapter.

The purpose of the repeal, amendment, and new sections is to review the proposed revisions to the Family Violence Program Provider Manual, and to review the proposed new rules for the Family Violence Special Nonresidential Project Manual. The proposed changes are based on Chapter 51 of the Human Resources Code, Chapter 54 of the Texas Administrative Code, and the Family Violence Prevention and Services Act. Section 54.502(d) requires that contractors implement a domestic violence workplace policy. The subsection is being created to ensure that employees who are victims of domestic violence are offered assistance by their employer as they take steps to live free from violence. This policy was recommended to DHS by a committee of the Texas Council on Family Violence and is supported by current contractors.

Eric M. Bost, commissioner, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the sections.

Mr. Bost 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 is that improved standards for holding contractors accountable regarding the services they provide and the public funds they receive will be provided. The rules will also provide statewide standards by which all DHS-funded family violence services are to be provided. There will be no adverse economic effect on large, small, or micro businesses because the changes only affect nonprofit family violence organizations. There will be no significant economic effects on nonprofit organizations because these organizations are already being held to similar standards through the requirements in current rules and the Request for Proposals under which they were originally funded. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Questions about the content of this proposal may be directed to Karen Parker at (512) 438-2239 in DHS's Government Relations Department. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-104, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

Under §2007.003(b) of the Texas Government Code, the department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.

Subchapter A. DEFINITIONS

40 TAC §54.101

The amendments are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendments implement the Human Resources Code, §§31.001 - 31.0325.

§54.101. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)-(9)

(No change.)

(10)

Family violence special nonresidential project - A program that is established by a public or private nonprofit organization and provides at least one specialized family violence service as well as all required core services as described in the DHS Family Violence Special Nonresidential Project Manual , Service Delivery section.

(11)

[ (10) ] Legal assistance - Services that include assisting shelter residents and nonresidents in safety planning; identifying individual needs; legal rights and options; and providing support and accompaniment in their pursuit of those options. Legal assistance includes encouraging the justice system to respond consistently to the needs of victims of family violence and to hold batterers accountable.

(12)

[ (11) ] Referral system to existing community services - Referring victims of family violence to existing community resources, including but not limited to medical care, legal assistance, Department of Protective and Regulatory Services, resource assistance, public assistance, counseling and treatment services, children's services, and other appropriate family violence services.

(13)

[ (12) ] Training and employment information - Information and referrals to victims of family violence about employment training and employment opportunities, either directly or through formal arrangements with other agencies.

(14)

[ (13) ] Twenty-four-hour-a-day shelter - A shelter that provides access, admittance, and temporary emergency shelter residence for victims of family violence twenty-four hours a day, every day of the year in a facility exclusively serving victims of family violence; a series of safe homes; or a designated section of another kind of emergency shelter. Motels may be used for overflow or in outlying counties but must not be used exclusively in place of one of the three types of shelters.

(15)

Victim of family violence - An adult who is subjected to physical force or the threat of physical force by another who is related by affinity or consanguinity to that adult, who is a former spouse of that adult, or who resides in the same household with that adult; or an individual, other than an individual using physical force or the threat of physical force, who resides in the same household with a victim of family violence as defined above. Victims of family violence might also include adults subjected to sexual and/or emotional abuse by their batterers.

(16)

[ (14) ] Volunteer recruitment and training program - A process for soliciting a diverse group of persons from the community and providing them with information about family violence and services for victims of family violence through a structured orientation in order to work as non-paid staff.

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.

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 February 14, 2000.

TRD-200001129

Paul Leche

General Counsel, Legal Services

Texas Department of Health

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter B. BOARD OF DIRECTORS

40 TAC §§54.203 - 54.205

The amendments are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendments implement the Human Resources Code, §§31.001 - 31.0325.

§54.203. Board Composition.

The board of directors of shelter centers must have recruitment procedures that encourage a diverse representation of members in terms of ethnicity, age, profession or background, and communities served.

§54.204. Orientation.

New board members must:

(1)

be provided a board handbook which will include at a minimum:

(A)-(F)

(No change.)

(G)

[ operating ] policies of the agency[ , including any policies affecting the board, such as board attendance policy and agency confidentiality policy ];

(H)-(I)

(No change.)

(J)

program services list [ with descriptive information and data ];

(K)

current budget, including funding sources and subcontractors ;

[ (L)

list of contract or restricted grants from any public or private entity;]

[ (M)

list of agencies, organizations, and governmental entities with which the agency works or interacts with regularly, including a brief description of the relationship;]

(L)

[ (N) ] brief description of contract provisions with attorneys, auditors, or other professionals;

(M)

[ (O) ] basic information about family violence;

(N)

[ (P) ] brief history of the Texas battered women's movement; and

(O)

[ (Q) ] brief summary of Texas laws that address family violence issues.

(2)-(3)

(No change.)

§54.205. In-Service Training.

Along with the executive director, the boards of shelter centers must plan and conduct [ an ] annual trainings [ training ] for all board members that include [ includes ] at a minimum the following:

(1)-(9)

(No change.)

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001130

Paul Leche

General Counsel, Legal Services

Texas Department of Health

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter C. CONTRACT STANDARDS

40 TAC §§54.306, 54.308, 54.310 - 54.312

The amendments are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendments implement the Human Resources Code, §§31.001 - 31.0325.

§54.306. Waiver.

(a)

The [ In the seventh or any subsequent year of a shelter center's contract, the ] Texas Department of Human Services (DHS) may waive the applicable [ 50% ] ceiling on DHS's share of the shelter center's projected budget anytime during the contract year.

(b)-(c)

(No change.)

§54.308. New Contractors.

(a)

To be considered for funding, [ new ] shelter center providers must:

(1)

contact the Texas Department of Human Services (DHS) requesting contract eligibility information;

(2)

[ (1) ] meet the eligibility standards as specified in §54.301 of this title (relating to Eligibility to Contract); and

[ (2)

contact the Texas Department of Human Services (DHS) state office within 30 days of the publication in the Texas Register of the "Notice of Intent to Contract" for family violence services; and]

(3)

(No change.)

(b)

(No change.)

§54.310. Review of the Purchase of Services Budget and Plan of Operation.

(a)-(c)

(No change.)

(d)

The DHS family violence unit completes the required DHS contract documents and submits the completed original contract to DHS's Legal Department for retention [ DHS state office for review and approval ].

§54.311. Contractor's Records.

(a)-(b)

(No change.)

(c)

Each contractor must maintain the following DHS contract documents:

(1)

a copy of the [ original ] contract including approved budget and plan of operation;

(2)

contract amendments, budget revisions [ plan changes ], and other correspondence with DHS;

(3)

(No change.)

(4)

copies of contractor's [ DHS's ] audit reports and related correspondence; and

(5)

(No change.)

(d)-(e)

(No change.)

§54.312. Contract Amendments.

(a)

Contract amendments involve a change in the amounts or terms of the contract. The shelter center must submit any request for a contract amendment in writing to the Texas Department of Human Services (DHS) for review. The amendments must be approved by DHS prior to implementation by the shelter center. DHS [ state office ] is responsible for negotiating and processing any amendments to the contract. [ The only two types of contract amendments are: ]

[ (1)

budget cost category revisions, either cumulative increase or decrease, which are more than $2,000, or a prorated portion if the term is less than one year, or 2% of the DHS contract, whichever is less; and]

[ (2)

plan of operation revisions, such as changes in the service area or level of service.]

(b)

A budget revision must be completed for any budget change which is more than $2000, or a prorated portion if the item is less than one year, or 2% of the DHS contract, whichever is less. The proposed revision must be submitted in writing on forms provided by DHS. The budget revisions must be approved by DHS prior to implementation by the shelter center. DHS is responsible for negotiating and processing any budget revisions. [ The shelter center must submit a letter documenting budget cost category revisions as specified in paragraph (a)(1) of this section. ]

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001131

Paul Leche

General Counsel, Legal Services

Texas Department of Health

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter D. FISCAL MANAGEMENT

40 TAC §§54.402, 54.405 - 54.407, 54.409, 54.410, 54.414

The amendments and new section are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendments and new section implement the Human Resources Code, §§31.001-31.0325.

§54.402. Budget.

Each family violence shelter center Board of Directors must approve an annual operating budget for the shelter center's fiscal year that is [ . The board-approved shelter center budget must be ] used to complete the Texas Department of Human Services' (DHS's) purchase of service contract budget. The budget submitted to DHS must specify all costs for providing services to family violence victims and their dependents (with the exception of any transitional housing programs). The contractor is not required to specify the costs of the other programs operated by the same agency such as sexual assault, batterers intervention, or homeless program. [ If the contractor has more than one program, the budget must specify costs for the family violence shelter center program only. ]

§54.405. Local Matching Funds.

The Texas Department of Human Services state office must inform shelter centers:

(1)

if they are receiving federal funds under the Family Violence [ and ] Prevention and Services Act;

(2)-(3)

(No change.)

§54.406. General Management and Overhead Costs.

General management and overhead costs such as salaries, rent, and electricity, must be allocated between funding sources [ programs ] if the shelter center provides services other than those mandated in the Human Resources Code, Title 51, Chapter 2.

§54.407. Monthly Reporting and Billing.

(a)

The Texas Department of Human Services (DHS) reimburses shelter centers at a fixed reimbursement rate of 1/12 [ one-twelfth ] of their contract amount per month, if the shelter centers [ submit: ]

(1)

are in compliance with monitoring report responses [ the State of Texas Purchase Voucher ];

(2)

are in compliance with Integrated Tracking System requirements [ the monthly activity report ]; and

(3)

have submitted all other reports required by DHS [ all other reports required by DHS ].

[ (b)

The documents listed in subsection (a) of this section must be submitted to DHS by the 15th calendar day of the month following the month of service to receive reimbursement.]

(b)

[ (c) ] To be eligible for reimbursement under this contract, a cost must have been incurred within the contract term and paid by the shelter center or encumbered by the last day of the contract term[ , and liquidated no later than 45 days after the end of the contract term ].

§54.409. Required Annual Report.

Shelter centers must submit a final contract expenditure report to the Texas Department of Human Services within 45 days after the end of the state contract , October 15th .

§54.410. Audit Requirements.

(a)

For fiscal years beginning after June 30, 1996, shelter centers that expend $300,000 or more in federal funds are required to comply with Single Audit Act requirements as specified in OMB Curricular A-133.

(b)

The shelter center must have an audit completed and submitted to the Texas Department of Human Services (DHS) within 13 months after the end of their fiscal year.

(c)

DHS will issue a management decision on audit findings within six months of receipt of the shelter center's audit report and ensure that the shelter center takes appropriate and timely corrective action.

§54.414. Internal Monitoring System.

(a)

Shelter centers must have a written [ an ] internal monitoring system to evaluate service quality, accuracy, and compliance with the policies and procedures specified in the contract.

(b)

(No change.)

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001133

Paul Leche

General Counsel, Legal Services

Texas Department of Health

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

40 TAC §54.410

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The repeal implements the Human Resources Code, §§31.001 - 31.0325.

§54.410. Audit Requirements.

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 February 14, 2000.

TRD-200001132

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter E. SHELTER PERSONNEL

40 TAC §§54.502, 54.504, 54.505, 54.507, 54.519, 54.521, 54.526, 54.527

The amendments and new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendments and new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.502. Personnel Policies and Procedures.

(a)

(No change.)

(b)

The shelter center's employee personnel policies and procedures handbook must address at a minimum the following:

(1)-(19)

(No change.)

(20)

termination procedures; [ and ]

(21)

grievance procedures ; and [ . ]

(22)

domestic violence in the workplace.

(c)

(No change.)

§54.504. Maintenance of Personnel Files.

(a)

Shelter centers [ center's ] must have written policies to ensure the confidentiality of:

(1)-(3)

(No change.)

(b)

(No change.)

§54.505. Fair Labor Standards Act of 1938 Requirements.

Shelter centers must identify in writing all DHS-funded positions as exempt or non-exempt.

§54.507. Disabilities in the Workforce.

(a)

The Americans with Disabilities Act. Shelter centers under the jurisdiction of the Americans with Disabilities Act, must have written policies and procedures that ensure reasonable accommodations for [ disabled ] applicants and employees with disabilities .

(b)-(c)

(No change.)

§54.519. Initial Training.

(a)-(b)

(No change.)

(c)

Initial training issues for DHS-funded direct service employees or employees supervising direct service staff must include:

(1)-(13)

(No change.)

§54.521. Confidentiality [ Rights ] of Staff Records .

Shelter centers must have written policies regarding :

[ (1)

disclosure of personnel information;]

(1)

[ (2) ] maintenance and release of [ sensitive ] personnel information and [ personnel ] files to the public ; and

(2)

[ (3) ] response to requests made pursuant to the Texas Public Information Act [ request of public open record information ].

§54.526. Domestic Violence in the Workplace.

Shelter centers must have written guidelines and procedures regarding domestic violence in the workplace.

§54.527. Record Retention.

All personnel documents; hiring information, including applications; and all supervisory notes involving personnel decisions must be retained by the shelter center for three years and 90 days or until all litigation, claims, or audit findings are resolved, whichever is longer.

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 February 14, 2000.

TRD-200001135

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

40 TAC §54.526

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The repeal implements the Human Resources Code, §§31.001 - 31.0325.

§54.526. Record Retention.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001134

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter F. FACILITY SAFETY AND HEALTH

40 TAC §54.606

The amendment is proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendment implements the Human Resources Code, §§31.001 - 31.0325.

§54.606. 24-Hour-a-Day Shelter - Safety and Security.

(a)

(No change.)

(b)

Satellite shelters without 24-hour-a-day on-site staff and/or volunteer coverage must have:

(1)

a security system that is externally monitored;

(2)

written procedures ensuring 24-hour-a-day emotional support to clients; and

(3)

a written emergency back up plan explaining how and whom clients should contact in case of an emergency.

(c)

[ (b) ] Shelter centers must have written procedures to ensure safety by providing a security system that is operational 24-hours-a-day.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001136

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter G. PROGRAM ADMINISTRATION

40 TAC §§54.703, 54.706, 54.707, 54.709, 54.710, 54.713, 54.718

The amendments are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendments implement the Human Resources Code, §§31.001 - 31.0325.

§54.703. Client Eligibility and Minors.

(a)

Shelter centers that are not licensed to provide residential child care must not provide 24- hour-a-day shelter to a person less than 18 years old unless that person is accompanied by a parent, legal guardian, is legally emancipated, or is a minor mother.

(b)

The Texas Department of Protective and Regulatory Services (TDPRS) child care licensing. Shelter centers providing services to children and under the jurisdiction of the child care licensing regulations must have written policies and procedures ensuring compliance with DPRS child care licensing rules and regulations.

(c)

Services to minors when parent is not receiving services. Shelter centers providing nonresidential services to minors when the parent is not receiving services must ensure the

(1)

minor self discloses that he/she resides in the same household with a victim of family violence as defined in the Human Resources Code (HRC), Title 2 Chapter 51; and

(2)

shelter center has parental consent to provide the minor with nonresidential services; or

(3)

shelter center complies with the Texas Family Code, Chapter 32.004, if parental consent is not obtained.

§54.706. Confidentiality Agreement.

(a)

All staff, volunteers, board members, student interns, and adult residents and nonresidents (if participating in group activities) must sign a confidentiality agreement. The agreements must be placed in the personnel files of the staff, with the corporate records of the board members, and in the individual files of volunteers, student interns, residents, and nonresidents.

(b)

The confidentiality agreement must have a provision that confidentiality be maintained after the staff, volunteer, board member, student intern, resident, and nonresident leaves the shelter center program. The executive director or, in the executive director's absence, designated staff must be notified immediately if a court order is served to a current or former staff, volunteer, board member, or student intern, regarding any program records, residents, nonresidents, shelter center activities, or personnel issues.

§54.707. Confidentiality Policies and Procedures Training.

Shelter centers must provide training on confidentiality policies, procedures, and how to record information to all staff and volunteers who have any contact with family violence clients or their records [ residents or nonresidents ].

§54.709. Access to Case Files.

(a)-(b)

(No change.)

(c)

If the resident or nonresident contests a case file entry and the [ If the case file ] entry is not removed [ and the resident or nonresident contests it ], the shelter center must make a notation in the case file stating that the resident or nonresident believes the entry to be inaccurate.

(d)

Resident and nonresident files must be kept secure [ under lock ]. The files must not be removed from the shelter center program premises without the written permission of the custodian of the records.

§54.710. Release of Information.

(a)

Shelter centers must obtain a written release of information from the resident or nonresident before releasing information orally or in writing. The release of information must include:

(1)-(2)

(No change.)

(3)

the beginning and ending dates that the release is effective, not to exceed the resident's stay and not to exceed the nonresident's active length of service [ 45 days total for nonresidents ].

(b)-(d)

(No change.)

§54.713. Retention and Destruction of Records.

(a)

Shelter centers must develop written policies and procedures for retention and destruction of all written, electronic, and digital records, including but not limited to:

(1)-(3)

(No change.)

(b)

(No change.)

§54.718. Volunteer Recruitment and Training Program.

(a)

(No change.)

(b)

Training direct service volunteers. Shelter centers must develop training programs for direct service volunteers that include, but are not limited to:

(1)-(6)

(No change.)

(7)

shelter center policies and procedures;

(8)-(14)

(No change.)

(c)-(d)

(No change.)

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001137

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter H. SERVICE DELIVERY

40 TAC §§54.801, 54.804, 54.806, 54.808 - 54.811

The amendments are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The amendments implement the Human Resources Code, §§31.001 - 31.0325.

§54.801. Crisis Call Hotline Procedures.

(a)-(c)

(No change.)

(d)

The hotline must be answered 24 hours a day, every day of the year, by an individual trained in crisis intervention or who has immediate access to someone who has had this training. Blocks must be provided on agency numbers for outgoing calls to clients and may be unblocked when calling a client with permission from the client.

(e)-(g)

(No change.)

(h)

Shelter centers must have written procedures ensuring that collect calls from victims of family violence are accepted and that there are no blocks on anonymous incoming calls .

(i)-(m)

(No change.)

(n)

Shelter centers using caller ID or any other technology that establishes a record of calls on the crisis call hotline must develop written policies and procedures which:

(1)

ensure that there will not be a breach of confidentiality to third parties;

(2)

limit access to the records generated by these devices; and

(3)

ensure training to staff on all caller ID policies and procedures.

§54.804. Initial Delivery of Direct Services.

(a)

Initial delivery of adult resident direct services. Shelter centers must:

(1)-(2)

(No change.)

(b)

Initial delivery of adult nonresident direct services. Shelter centers must have written procedures ensuring that each adult nonresident is provided an orientation. The orientation must be documented and include but not be limited to:

(1)

explanation of services available;

(2)

termination policy;

(3)

nonresidents' rights;

(4)

nondiscrimination statement;

(5)

grievance procedures;

(6)

safety and security procedures;

(7)

confidentiality and limits of confidentiality; and

(8)

waivers of liability.

(c)

[ (b) ] Initial delivery of children's direct services and designating an advocate. Shelter centers must

(1)

have written procedures ensuring that new child residents and/or parent residents will have face-to-face contact with the designated children's staff. This service must be documented;

(2)

designate at least one staff person, either paid or volunteer, to act as a children's advocate; [ and ]

(3)

document in writing that the designated staff acting as children's advocate has the following:

(A)

knowledge of child development, parenting skills, and dynamics of family relationships;

(B)

sensitivity to the needs of children;

(C)

ability to respond in a constructive, supportive manner to the resident parent and child in crisis;

(D)

ability to plan and implement activities for children; and

(E)

knowledge of the local network of children's services ; [ . ]

(4)

have services available that are specific to meet the needs of children.

§54.806. 24-Hour-a-Day Shelter: Voluntary and Involuntary Termination of Services.

(a)

(No change.)

(b)

Residents and nonresidents must be informed in writing of their right to appeal a termination of services. Notice to the resident must be provided and a fair hearing conducted according to the Texas Department of Human Services rules for fair hearings as specified in Chapter 79 of this title (relating to Legal Services).

(c)

Shelter centers must have written policies outlining behaviors for which services can be terminated. Threatening or inappropriate behaviors must be non-gender specific and must apply equally to all residents and nonresidents .

(d)

For residents and nonresidents for whom services were previously terminated and who are requesting readmission, shelter centers must have written procedures that take the victim's safety into consideration.

§54.808. Non-Emergency Medical Care.

(a)

(No change.)

(b)

Shelter centers must have written policy and procedures regarding all prescribed and non-prescribed medications used by residents, including but not limited to:

(1)

(No change.)

(2)

methods for safekeeping [ control and accountability ] of drugs and medications; and

(3)

(No change.)

§54.809. Legal Assistance in the Civil and Criminal Justice Systems.

(a)

Legal assistance. Shelter centers must:

(1)-(2)

(No change.)

(3)

offer [ provide ] support and accompaniment to residents and nonresidents in their pursuit of legal options; and

(4)

(No change.)

(b)

Legal advocate. Shelter centers must

(1)-(2)

(No change.)

(3)

ensure that legal advocacy services are available and specific to the needs of victims of family violence.

§54.810. Counseling Services.

(a)

(No change.)

(b)

Adult resident and nonresident counseling. Adult resident and nonresident counseling services must provide the following:

(1)-(3)

(No change.)

(c)

Child counseling. Child counseling services must be appropriate to the child's level of understanding and provide the following:

(1)-(2)

(No change.)

(3)

exploring possible support systems, information, education, [ and available resources, ] ( including the dynamics of family violence ) and available resources .

(d)

(No change.)

§54.811. Educational Arrangement for Children.

(a)

(No change.)

(b)

Shelter centers must inform residents about educational services and at the parent's request:

(1)-(4)

(No change.)

(5)

provide transportation or access to transportation for education.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001138

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter I. BOARD OF DIRECTORS

40 TAC §§54.901 - 54.904

The new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.901. Nonprofit Corporation Act.

Special nonresidential project contractors must comply with the Texas Nonprofit Corporation Act.

§54.902. Financial and Oversight Responsibilities.

(a)

The stewardship function of the Board of Directors of the Special Nonresidential Project contractor is to ensure fiscal accountability of all funds received and spent by the contractor.

(b)

The Board of Directors of the Special Nonresidential Project contractor as a whole or the contractor's finance committee must regularly review actual revenues and expenditures and compare them to budgeted revenues and estimated costs.

(c)

Within three months of the contract award the Board of Directors of the Special Nonresidential Project contractor must receive a description of the DHS contract including program, administrative, and fiscal oversight responsibilities.

§54.903. Confidentiality.

Members of the Board of Directors of the Special Nonresidential Project must:

(1)

be provided a copy of the agency's confidentiality policy; and

(2)

not use their position on the Board to obtain or access confidential family violence client information.

§54.904. Record Retention.

All records related to the Texas Department of Human Services contract must be retained by the contractor for three years and 90 days or until all litigation, claims, or audit findings are resolved, whichever is longer.

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 February 14, 2000.

TRD-200001139

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter J. CONTRACT AND FISCAL STANDARDS

40 TAC §§54.1001 - 54.1008

The new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.1001. Eligibility to Contract.

(a)

To be eligible to apply for a contract, the applicant must be a public or private nonprofit organization. Funds will be awarded to organizations which best demonstrate the ability to effectively the deliver services outlined in the Request for Proposal published in the Texas Register and agree to comply with the criteria established in the Family Violence Special Nonresidential Project Provider Manual . The applicant will be required to demonstrate that services provided will meet a previously unmet need in the community. The special nonresidential project contractor must also demonstrate a system of referring victims of family violence, when appropriate, to at least one family violence shelter center. The special nonresidential project must provide DHS with evidence of ability to utilize funds, effective utilization of community resources, current involvement or collaboration with the justice system, and community support. Organizations funded will be required to meet the federal matching requirements.

(b)

The special nonresidential project contractor must maintain and provide to the Texas Department of Human Services, as requested, the following documentation:

(1)

articles of incorporation;

(2)

by-laws;

(3)

tax exemption certification;

(4)

board minutes;

(5)

fiscal audits or financial statements;

(6)

informational materials;

(7)

case records, if applicable; and

(8)

other relevant material.

(c)

The documentation specified in subsection (b) of this section must be maintained by the special nonresidential project contractor in a readily accessible on-site location.

§54.1002. New Contractors.

(a)

To be considered for funding, special nonresidential project providers must:

(1)

meet the eligibility standards; and

(2)

submit a proposal as requested in the Request for Proposals for Family Violence Special Nonresidential Projects issued by DHS in the Texas Register .

(b)

DHS reviews all proposals and shall award a contract through a competitive procurement procedure based on the:

(1)

ability of the contractors to provide core services and services which meet an unmet need in the community; and

(2)

availability of federal funds.

§54.1003. Current Contractors.

(a)

The Texas Department of Human Services (DHS) may choose to renew contracts for a period not to exceed four years and will send contract renewal packets to special nonresidential project contractors identified in the "Notice of Intent to Contract" published in the Texas Register .

(b)

The contractor must return the completed contract packet by the date specified by DHS in the contract packet.

§54.1004. Review of the Purchase of Services Budget and Plan of Operation.

(a)

The Texas Department of Human Services (DHS) family violence program staff must review the contract documents submitted by the special nonresidential project contractor to ensure compliance with all applicable federal and state regulations.

(b)

DHS family violence program staff must work with the special nonresidential project contractor's authorized representative to clarify and negotiate contractual requirements.

(c)

When agreement is reached on the contractual requirements, the authorized representative signs the contract.

(d)

The DHS family violence unit completes the required DHS contract documents and submits the completed original contract to DHS's Legal Department for retention.

§54.1005. Contractor's Records.

(a)

Contractors must allow the Texas Department of Human Services (DHS) and all appropriate federal and state agencies or their representatives to inspect, monitor, or evaluate client records, books, and supporting documents pertaining to services provided. Contractors and subcontractors must make documents available at reasonable times and for reasonable periods.

(b)

Contractors must keep financial and supporting documents, statistical records, and any other records pertinent to the services for which a claim or cost report is submitted to DHS or its agent. The records and documents must be kept for a minimum of three years and 90 days after the end of the contract period. If any litigation, claims, or audit involving these records begins before the three-year period expires, the contractor must keep the records and documents for not less than three years and 90 days or until all litigation, claims, or audit findings are resolved.

(c)

Each contractor must maintain the following DHS contract documents:

(1)

a copy of the contract including approved budget and plan of operation;

(2)

contract amendments, budget revisions, and other correspondence with DHS;

(3)

copies of all monthly billing and client service forms and other DHS forms as required;

(4)

copies of contractor's audit reports and related correspondence; and

(5)

copies of DHS's monitoring and evaluation reports, documentation of corrective actions, and related correspondence.

(d)

The special nonresidential project contractor must maintain the following documentation in a readily accessible location:

(1)

the organization's operating policies and procedures;

(2)

personnel manual and staff personnel files; and

(3)

fiscal manual and accounting records that support DHS expenditures.

(e)

The special nonresidential project contractor must maintain at least one copy of the DHS Family Violence Special Nonresidential Project Manual at all separate locations where contracted services are performed. Contractors must ensure that:

(1)

all staff and volunteers have access to the DHS Family Violence Special Nonresidential Project Manual ; and

(2)

there are written procedures for the distribution and training of staff on manual revisions, policy interpretations, and the special nonresidential project contractor's operating policies and procedures.

§54.1006. Contract Amendments.

(a)

Contract amendments involve a change in the amounts or terms (including plan of operation revisions, such as changes in the service area or level of service) of the contract. The special nonresidential project contractor must submit any request for a contract amendment in writing to the Texas Department of Human Services (DHS) for review. The amendments must be approved by DHS prior to implementation by the special nonresidential project contractor. DHS is responsible for negotiating and processing any amendments to the contract.

(b)

A budget revision must be completed for any budget change which is more than $2000, or a prorated portion if the term is less than one year, or 2% of the DHS contract, whichever is less. The proposed revision must be submitted in writing on forms provided by DHS. The budget revisions must be approved by DHS prior to implementation by the special nonresidential project contractor. DHS is responsible for negotiating and processing any budget revisions.

§54.1007. Subcontracts.

The contractor is responsible for meeting the contract outcomes, which include ensuring that all subcontractors meet the subcontracted outcomes. The primary contractor is responsible for all fiscal, administrative, and program monitoring of the subcontractor.

§54.1008. Change in Corporate Control.

Prior to the transfer of a special nonresidential project from one nonprofit organization to another, at least 30 days notice must be given to the Texas Department of Human Services (DHS) in order to assure continuation of services. DHS will enter into a contract with the new organization if it meets the criteria for awarding a special nonresidential project contract set forth in this chapter.

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 February 14, 2000.

TRD-200001140

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter K. FISCAL MANAGEMENT

40 TAC §§54.1101 - 54.1114

The new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.1101. Accounting System Requirements.

(a)

Special nonresidential project contractors must maintain an accounting system which records revenues and expenditures using generally accepted accounting principles.

(b)

Each special nonresidential project contractor must have a chart of accounts which lists all accounts by an assigned number.

(c)

Accounting records include the general ledger and all subsidiary ledgers. Supporting documentation for all revenues and expenditures must be maintained for all expenditures charged to the Texas Department of Human Services (DHS) contract. Supporting documentation includes, but is not limited to:

(1)

receipts or vouchers for revenues;

(2)

bank statements;

(3)

canceled checks;

(4)

deposit slips;

(5)

approved invoices;

(6)

receipts;

(7)

leases;

(8)

contracts;

(9)

time sheets;

(10)

inventory; and

(11)

cost allocation worksheets.

(d)

Financial records must identify all funding sources and expenditures by separate fund type, for example, fund accounting.

(e)

Special nonresidential project contractors must use a double entry accounting system. It can be cash, accrual, or modified accrual.

(f)

The special nonresidential project contractor must have a fidelity bond in an amount at least equal to 1/12 of the DHS contract.

§54.1102. Operating Budget for Contractors.

Each special nonresidential project Board of Directors must approve an annual operating budget for the contractor's fiscal year which is used to complete the Texas Department of Human Services' purchase of service contract budget. The budget submitted to DHS must specify all costs for the DHS Family Violence Special Nonresidential Project including any required match of federal funds. The contractor is not required to specify the costs of other programs operated by the same organization.

§54.1103. Contributions.

(a)

In-kind contributions. Each special nonresidential project contractor must establish and follow written internal policies for the consistent and reasonable treatment of in-kind contributions. These policies must include:

(1)

a method of establishing the reasonable value of donated goods and services;

(2)

rates for volunteer services which should be consistent with those paid for similar work in other activities of the community; and

(3)

requirements for documenting in-kind contributions.

(b)

Cash contributions. Each special nonresidential project contractor must establish and follow written internal policies for the consistent treatment of cash contributions. These policies must include:

(1)

a method of recording all such contributions; and

(2)

assurances that eligible victims of family violence will receive basic services whether or not they contribute or donate to the special nonresidential project contractor.

§54.1104. Cash/In-Kind Match.

Special nonresidential project contractors must have written internal policies to accurately document the cash/in-kind match required by funding sources.

§54.1105. Local Matching Funds.

The Texas Department of Human Services state office must inform special nonresidential project contractors if they are receiving federal funds under the Family Violence Prevention and Services Act:

(1)

that they must have a local matching fund based on federal grant requirements; and

(2)

the percentage of the required local match.

§54.1106. General Management and Overhead Costs.

General management and overhead costs such as salaries, rent, and electricity that are shared among programs must be allocated between funding sources.

§54.1107. Monthly Reporting and Billing.

(a)

The Texas Department of Human Services (DHS) reimburses special nonresidential project contractors monthly if the contractors:

(1)

submit the DHS Request for Reimbursement form;

(2)

are in compliance with monitoring responses;

(3)

submit the nonresidents monthly statistics report (Form 2759) if applicable; and

(4)

submit all other reports required by DHS.

(b)

The documents listed in subsection (a) of this section must be submitted to DHS by the due date as specified in the contract to receive reimbursement.

(c)

To be eligible for reimbursement under this contract, a cost must have been incurred within the contract term and paid by the special nonresidential project contractor or encumbered by the last day of the contract term.

(d)

Special nonresidential project contractors providing services under multiple contracts with DHS must maintain a tracking system that separates expenditures by contract so DHS is not double-billed for a single service.

§54.1108. Required Quarterly Reports.

(a)

Special nonresidential project contractors must submit a quarterly financial report to the Texas Department of Human Services to report actual year-to-date expenditures showing the approved contract line item and the balance for each line item.

(b)

The quarterly financial report is due:

(1)

for the first quarter on December 30;

(2)

for the second quarter on March 30; and

(3)

for the third quarter on June 30.

§54.1109. Required Annual Report.

Special nonresidential project contractors must submit a final contract expenditure report to the Texas Department of Human Services within 45 days after the end of the state contract, which is October 15.

§54.1110. Audit Requirements.

(a)

For fiscal years beginning after June 30, 1996, special nonresidential project contractors that expend $300,000 or more in federal funds are required to comply with Single Audit Act requirements as specified in Office Management Budget (OMB) Curricular A-133.

(b)

The special nonresidential project contractor must have an audit completed and submitted to the Texas Department of Human Services within 13 months after the end of the fiscal year.

(c)

The Texas Department of Human Services will issue a management decision on audit findings within six months of receipt of the special nonresidential project contractor's audit report and ensure that the special nonresidential project contractor takes appropriate and timely corrective action.

§54.1111. Fiscal and Program Monitoring and Evaluation.

(a)

Family Violence Program contractors are subject to fiscal and program monitoring as determined by the Texas Department of Human Services (DHS) and appropriate federal authorities.

(b)

Contractors are subject to monitoring by DHS staff, the State Auditor's office, and the federal Office of Inspector General.

(c)

Monitoring may occur through official audits, on-site reviews, case reading, or other record reviews.

(d)

All financial and client records must be readily available and provided upon request for any of the monitoring purposes described in this section.

§54.1112. Contract Monitoring.

(a)

The Texas Department of Human Services (DHS) state office must develop an annual monitoring plan for all DHS-funded family violence activities.

(b)

DHS monitoring verifies compliance with:

(1)

generally accepted accounting procedures;

(2)

Office Management Budget Circulars A-122 and A-133;

(3)

the Uniform Grant and Contract Management Standards (UGCMS); and

(4)

Special Nonresidential Project Manual rules.

(c)

DHS must send a written report to the special nonresidential project contractor that:

(1)

describes the findings of the site visits conducted for the purpose of monitoring or evaluating family violence activities; and

(2)

describes the recommendations and corrective actions to be taken by the special nonresidential project contractor.

§54.1113. Special Nonresidential Project Responses to Monitoring Reports.

(a)

The special nonresidential project contractor must submit a written response to the Texas Department of Human Services (DHS) monitoring report within 30 calendar days from the date of the report.

(b)

If the special nonresidential project's response proposes acceptable corrective action(s) and no further verification is required, DHS will issue a letter closing the report.

(c)

If the response is unacceptable, or verification is inadequate, the special nonresidential project contractor is required to perform additional corrective actions or provide additional documentation as designated by DHS.

§54.1114. Internal Monitoring System.

(a)

Special nonresidential project contractors must have a written internal monitoring system to evaluate service quality, accuracy, and compliance with the policies and procedures specified in the contract.

(b)

Special nonresidential project contractors must provide, upon request by the Texas Department of Human Services, a description of the internal monitoring system described in subsection (a) of this section.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001141

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter L. PERSONNEL

40 TAC §§54.1201 - 54.1207

The new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.1201. Fair Employment Law.

Special nonresidential project contractors under the jurisdiction of the Fair Employment Law must comply with this law.

§54.1202. Fair Labor Standards Act of 1938 Requirements.

Special nonresidential project contractors must comply with the Fair Labor Standards Act of 1938.

§54.1203. Disabilities in the Workforce.

(a)

Special nonresidential project contractors under the jurisdiction of the Americans with Disabilities Act must ensure reasonable accommodations for applicants and employees with disabilities.

(b)

Special nonresidential project contractors must have a written drug and alcohol policy that states at least the following:

(1)

illegal use or illegal possession of alcohol and drugs are prohibited while on duty;

(2)

belief in a treatment and recovery approach;

(3)

stated concern for employees;

(4)

identify programs and systems for assistance; and

(5)

guarantee confidentiality.

(c)

Special nonresidential project contractors under the jurisdiction of the Americans with Disabilities Act must have written policies and procedures ensuring that applicants and employees with HIV/AIDS or believed to be HIV positive are not discriminated against.

§54.1204. Job Descriptions.

Special nonresidential project contractors must have written job descriptions for every position funded by the Texas Department of Human Services (DHS) Family Violence Program. Special nonresidential project contractors which are under the jurisdiction of the Americans with Disabilities act must list the essential job functions on job descriptions.

§54.1205. Leave.

Special nonresidential project contractors under the jurisdiction of the Family Medical Leave Act must comply with the Act.

§54.1206. Initial Training.

(a)

All special nonresidential project direct service employees funded by the Texas Department of Human Services (DHS) or employees supervising these staff must receive the training specified in paragraphs (1)-(11) of this subsection if such training has not been previously completed. All staff should complete the training within 30 days after the staff member(s) begins working on the DHS-funded project and the training should be documented in their personnel files. The training must include:

(1)

the dynamics of family violence, including:

(A)

the definition and consequences of family violence crimes to the victim, the children, and society as a whole;

(B)

the need to hold batterers accountable for their actions; and

(C)

that battering is predominantly directed by men toward women and is most often part of a process by which the batterer maintains control and domination over the victim;

(2)

the relationship between family violence and drug/alcohol abuse, sexual abuse, and child abuse;

(3)

risk assessments, safety planning, and legal options for victims of family violence;

(4)

hotline skills, if applicable;

(5)

peer counseling, if applicable;

(6)

basic crisis intervention techniques;

(7)

confidentiality;

(8)

sensitivity to cultural diversity;

(9)

client eligibility, including Americans with Disabilities Act accommodations;

(10)

all required documentation and procedures as related to client issues; and

(11)

DHS Family Violence Special Nonresidential Projects Manual .

(b)

Documentation of all initial training must be included in the employees' personnel file.

§54.1207. Record Retention.

All personnel documents, hiring information including applications, and all supervisory notes involving pesonnel decisions must be retained by the special nonresidential project contractor for three years and 90 days or until all litigation, claims, or audit findings are resolved, whichever is longer.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001142

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter M. FACILITY SAFETY AND HEALTH

40 TAC §§54.1301 - 54.1303

The new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.1301. Physical Plant.

(a)

All special nonresidential project facilities must be in adequate repair and in compliance with local health, fire, electrical, and building codes.

(b)

Special nonresidential project contractors must make reasonable accommodations for accessibility that do not create a financial burden to the special nonresidential project contractor and that comply with the Americans with Disabilities Act.

(c)

If face-to-face direct services are provided, special nonresidential project contractors must provide or have access to a private meeting area.

§54.1302. Safety and Security.

(a)

Special nonresidential project contractors must have written policies and procedures to ensure the safety and security of clients including:

(1)

an intruder on the property, such as a batterer;

(2)

assaults to persons;

(3)

bomb threats;

(4)

threatening telephone calls;

(5)

natural disasters, such as tornadoes and floods; and

(6)

fires.

(b)

Special nonresidential project facilities must have all exits clearly marked with appropriate exit signs.

(c)

Special nonresidential project contractors providing services to children must:

(1)

develop and endorse written nonviolent disciplinary policies and procedures regarding child clients;

(2)

comply with all applicable federal, state, and city regulations regarding smoking, including but not limited to the Pro-Children Act of 1994 and the Health and Safety Code, Chapter 161;

(3)

ensure the safety of children in special nonresidential project facilities and maintain the safety of children if staff or volunteers take them on outings; and

(4)

maintain a first aid kit in its facilities which is accessible to staff and volunteers.

§54.1303. Health and Hygiene for Children's Services.

Special nonresidential project contractors providing direct face-to-face children's services must have written health and hygiene policies and procedures that include, but are not limited to:

(1)

practices to prevent the spread of contagious diseases;

(2)

the provision of services to individuals with a communicable disease;

(3)

hygienic practices for children's areas, including children's toys; and

(4)

provision of basic written information on schedules for immunizations, vaccine-preventable diseases, and the need for immunizations.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001143

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter N. PROGRAM ADMINISTRATION STANDARDS

40 TAC §§54.1401 - 54.1414

The new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.1401. Client Eligibility State and Federal Laws.

(a)

Eligible persons are victims of family violence as defined in the Family Violence Special Nonresidential Project Manual .

(b)

When determining client eligibility, special nonresidential project contractors must have written policies and procedures ensuring compliance with all federal and state laws including:

(1)

Title VI of the Civil Rights Act of 1964 (Public Law 88-352);

(2)

Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112);

(3)

the Americans with Disabilities Act of 1990 (Public Law 101-336); and

(4)

the Age Discrimination Act.

(c)

Special nonresidential project contractors must comply with all amendments to each, and all requirements imposed by the regulations issued pursuant to the acts listed in subsection (b) of this section.

(d)

Special nonresidential project contractors must comply with Chapter 73 of the Human Resources Code (relating to Civil Rights).

(e)

Special nonresidential project contractors must comply with the Texas Health and Safety Code, 85.113.

§54.1402. Client Eligibility and Minors.

(a)

The Texas Department of Protective and Regulatory Services (TDPRS) child care licensing. Special nonresidential project contractors providing services to children under the jurisdiction of the child care licensing regulations must have written policies and procedures ensuring compliance with TDPRS child care licensing rules and regulations.

(b)

Services to minor when parent is not receiving services. Special nonresidential project contractors providing nonresidential services, excluding community education, to minors when the parent is not receiving services must ensure:

(1)

the minor self discloses that he/she resides in the same household with a victim of family violence as defined in the Family Violence Special Nonresidential Project Manual ;

(2)

the special nonresidential project contractor has parental consent to provide the minor with nonresidential services; or

(3)

the special nonresidential project contractor complies with the Texas Family Code, Chapter 32.004, if parental consent is not obtained.

§54.1403. Client Eligibility Policies and Procedures.

(a)

Special nonresidential project contractors must have written client eligibility and screening procedures that are based solely on:

(1)

an individual's status as a victim of family violence; and

(2)

the project's eligibility requirements as defined in the plan of operation if the Special Nonresidential Project is serving a specific unserved or underserved community.

(b)

Special nonresidential project contractors must have written policies and procedures to ensure services to eligible victims of family violence:

(1)

without regard to income; and

(2)

who do not contribute, donate, or pay for these services.

(c)

When determining client eligibility, special nonresidential project contractors must not discriminate based on gender and/or sexual orientation.

(d)

Special nonresidential project contractors must have written procedures for access and delivery of services to non-English speaking persons and make every reasonable effort to serve non-English speaking persons.

(e)

Special nonresidential project contractors must have written policies outlining behaviors that preclude otherwise eligible individuals from receiving special nonresidential project contractor services.

§54.1404. Confidentiality Policy and Procedures.

(a)

Special nonresidential project contractors must have a written confidentiality policy which demonstrates that services will be delivered in a manner that ensures client confidentiality regarding records and information.

(b)

If direct services are provided, special nonresidential project contractors must fully inform clients in writing what information is recorded, why, and the methods of collection.

(c)

If direct services are provided, adult clients must be advised in writing of at least the following:

(1)

their right to see their records;

(2)

the special nonresidential project contractor's policy and practices on confidentiality;

(3)

the current status of confidentiality laws in Texas, such as privileged communications and mandatory reporting for child, elder, and disabled abuse;

(4)

what information is required to be reported and why, such as duty to warn and child abuse;

(5)

the special nonresidential project contractor's policy for responding to court orders;

(6)

the special nonresidential project contractor's policy for release of information;

(7)

when the records will be decoded or destroyed; and

(8)

what information will remain in the file once a client terminates services.

§54.1405. Confidentiality Agreement.

(a)

All staff, volunteers, board members, student interns, and clients (if participating in group activities) must sign a confidentiality agreement. The agreements must be placed in the personnel files of the staff, with the corporate records of the board members, and in the individual files of volunteers, student interns, clients.

(b)

The confidentiality agreement must have a provision that confidentiality be maintained after the staff, volunteer, board member, student intern, and client (if participating in group activities) leaves the special nonresidential project. The executive director or, in the executive director's absence, designated staff must be notified immediately if a court order is served to a current or former staff, volunteer, board member, or student intern regarding any special nonresidential project contractor records, clients, special nonresidential project contractor activities, or personnel issues.

§54.1406. Confidentiality Policies and Procedures Training.

Special nonresidential project contractors must provide training on confidentiality policies, procedures, and how to record information to all staff and volunteers who have any contact with family violence clients or their records.

§54.1407. Content of Case Files.

(a)

The content of client files for direct service contractors must be limited to information necessary for:

(1)

statistical and funding purposes;

(2)

establishing goals for the counseling and advocacy relationship;

(3)

documenting the need for and delivery of services; and

(4)

protecting the liability of the special nonresidential project contractor program and its staff, volunteers, and board members.

(b)

Special nonresidential project contractors must have written policies and procedures regarding entries into client files.

(c)

Each entry into client files must be signed and dated by the staff or volunteer entering the information.

(d)

Client files must not include the names of other clients.

(e)

If the special nonresidential project contractor provides direct delivery services for both the victim and the violent family member, separate case records must be maintained.

§54.1408. Verification of Client Services.

Special nonresidential project contractors employing attorneys and other licensed professionals prohibited by Texas law or regulations to release client records to DHS must submit a DHS-approved alternative method for verifying DHS client services.

§54.1409. Access to Case Files.

(a)

Special nonresidential project contractors providing direct services must have written policy and procedures ensuring that clients may review, comment, and have access to their own case file.

(b)

Clients must be allowed to review all information in their own file.

(c)

If the client contests a case file entry and the entry is not removed, the special nonresidential project contractor must make a notation in the case file stating that the client believes the entry to be inaccurate.

(d)

Client files must be kept secure. The files must not be removed from the special nonresidential project contractor program premises without the written permission of the custodian of the records.

§54.1410. Release of Information.

(a)

Special nonresidential project contractors must obtain a written release of information from the client before releasing information orally or in writing. The release of information must include:

(1)

the name of the person or agency to which the information is being released;

(2)

the specific information to be released; and

(3)

the beginning and ending dates that the release is effective, not to exceed the client's active length of service.

(b)

The release of information must be signed and dated by the client and staff or volunteer.

(c)

Only one agency or person may be listed on each release of information form.

(d)

Clients must be informed that they may revoke this consent at any time. This revocation must be submitted in writing.

§54.1411. Court Orders.

(a)

Special nonresidential project contractors must have written procedures for responding to court orders, such as subpoenas, search warrants, or writs of attachment. The written procedures must include:

(1)

what to do when a process server comes with a court order;

(2)

on whom court orders may be served, such as the custodian of records;

(3)

which attorney(s) should be contacted;

(4)

who will discuss the subpoena with the victim of family violence, and at what point; and

(5)

circumstances under which records might be released.

(b)

Special nonresidential project contractors must make an attempt to notify clients when a court order affects them or their records.

(c)

The custodian of the records must be responsible for maintaining control over the records and court access to the records.

§54.1412. Report of Abuse.

Special nonresidential project contractors must have written policies and procedures for reporting:

(1)

child abuse or suspected child, elder, and disabled abuse and must comply with state law; and

(2)

to appropriate mental health or law enforcement authorities, circumstances in which a victim of family violence may be harmful to self or others.

§54.1413. Counseling Services.

Special nonresidential project contractors providing direct services must have written counseling policies and procedures that are in compliance with the Licensed Professional Counselor Act and the Texas Professional Social Work Act.

§54.1414. Retention and Destruction of Records.

(a)

Special nonresidential project contractors must develop written policies and procedures for retention and destruction of all written, electronic and digital records, including but not limited to:

(1)

case notes, case content, and case files;

(2)

staff-to-staff communications; and

(3)

all documentation required by funders.

(b)

All Texas Department of Human Services (DHS)-related documents, such as forms or any supporting allocation records, must be retained by the special nonresidential project contractor for three years and 90 days or until all litigation, claims, or audit findings are resolved, whichever is longer.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001144

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Subchapter O. SERVICE DELIVERY

40 TAC §§54.1501 - 54.1503

The new sections are proposed under the Human Resources Code, Title 2, Chapter 31, which provides the department with the authority to administer financial assistance programs.

The new sections implement the Human Resources Code, §§31.001 - 31.0325.

§54.1501. Required Core Services.

(a)

Family violence special nonresidential project contractors at a minimum must provide to eligible family violence clients:

(1)

safety planning, including ongoing assessment of risk of violence and development of strategies to enhance safety;

(2)

assistance in identifying the victim's need for legal services, including an explanation of the person's legal rights and options, such as accompaniment in pursuit of legal options;

(3)

education regarding the dynamics of family violence, drug and alcohol abuse, parenting, AIDS awareness and opportunities in education, training and employment, or provide access to training and employment information;

(4)

information about and referral to existing community resources, including but not limited to medical care, legal assistance, Texas Department of Protective and Regulatory Services, public assistance, counseling and treatment services, children's services, and other appropriate family violence services. Special nonresidential project contractors must maintain and make readily accessible to staff and volunteers a current printed referral list including telephone numbers of existing community resources for each county where services are provided; and

(5)

understanding and support of victims including active listening, addressing the needs identified by the individual, problem solving, and recognition that the victim is responsible for his/her own life decisions and the batterer is responsible for the violent behavior.

(b)

Family violence special nonresidential project contractors must ensure that their program provides clients/callers 24-hour-a-day access to current information regarding emergency shelter services. Special nonresidential project contractors not contracting with the Texas Department of Human Services (DHS) to provide crisis call hotline services may leave a message on an answering machine with the appropriate family violence telephone numbers such as 911, National Domestic Violence Hotline number, or a local 24- hour family violence shelter number.

(c)

Family violence special nonresidential project contractors must provide telephone access to family violence staff or volunteers during regular business hours.

(d)

If hotline services are offered and funded by DHS, family violence special nonresidential project contractors must have written procedures ensuring that:

(1)

callers have access to immediate intervention access 24 hours a day every day of the year. This service must be provided directly or may be provided through a formal written agreement with a DHS- funded family violence center located in the same city or county as the nonresidential special project.

(2)

special nonresidential project contractors have written procedures to assess the victim's safety.

(3)

if special nonresidential project contractors have an arrangement with a DHS-approved contract service, they have a written policy that addresses how the special nonresidential project will provide immediate access to 24-hour-a-day hotline crisis intervention.

(4)

the hotline is answered 24 hours a day, every day of the year, by an individual trained in crisis intervention or who has immediate access to someone who has had this training. Blocks must be provided on agency numbers for outgoing calls to clients.

(5)

the hotline number is listed in all local telephone books and widely distributed or available from local telephone information services within the special nonresidential project's service area.

(6)

special nonresidential project contractors have a minimum of two telephone lines.

(7)

special nonresidential project contractors do not use an answering machine to answer their hotline.

(8)

special nonresidential project contractors have written procedures ensuring that collect calls from victims of family violence are accepted, and that there are no blocks on anonymous incoming calls.

(9)

all hotline calls and any related documentation is kept confidential.

(10)

if the hotline is used to screen for eligibility for services, the screening process complies with all state and federal laws.

(11)

hearing-impaired victims of family violence have equal access to the crisis call hotline.

(12)

special nonresidential project contractors have written procedures to respond to non-English speaking persons.

(13)

if violent family members call the crisis call hotline, special nonresidential project contractors offer appropriate information and referral to battering intervention services.

(14)

special nonresidential project contractors utilizing caller ID or any other technology that establishes a record of calls on the crisis call hotline develop written policies and procedures which:

(A)

ensure there will not be a breach of confidentiality to third parties;

(B)

limit access to the records generated by these devices; and

(C)

ensure training to staff on all caller ID policies and procedures.

§54.1502. Initial Delivery of Direct Services.

Initial delivery of adult client direct services. Special nonresidential project contractors providing direct services must have written procedures ensuring that each adult client is provided an orientation about special nonresidential project services. The orientation must be documented and include but not be limited to:

(1)

explanation of services available;

(2)

termination policy;

(3)

client rights;

(4)

nondiscrimination statement;

(5)

grievance procedures;

(6)

safety and security procedures;

(7)

confidentiality and limits of confidentiality; and

(8)

waivers of liability (if applicable).

§54.1503. Voluntary and Involuntary Termination of Services.

(a)

Special nonresidential project contractors providing direct services must have written procedures for:

(1)

voluntary and involuntary termination of services; and

(2)

appealing terminations.

(b)

Clients must be informed in writing of their right to appeal a termination of services. Notice to the client must be provided and a fair hearing conducted according to the Texas Department of Human Services (DHS) rules for fair hearings as specified in Chapter 79 of this title (relating to Legal Services).

(c)

Special nonresidential project contractors must have written policies outlining behaviors for which services can be terminated. Threatening or inappropriate behaviors must be non-gender specific and must apply equally to all nonresidents.

(d)

For clients for whom services were previously terminated and who are requesting services, nonresidential centers must have written procedures that take the victim's safety into consideration.

Filed with the Office of the Secretary of State, on February 14, 2000.

TRD-200001145

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 438-3765

Part 2. TEXAS REHABILITATION COMMISSION

Chapter 106. CONTRACT ADMINISTRATION

Subchapter A. ACQUISITION OF CLIENT GOODS AND SERVICES

40 TAC §106.34

The Texas Rehabilitation Commission (TRC) proposes an amendment to §106.34, concerning acquisition of client goods and services. The section is being amended to clarify appeals procedures.

Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, has determined that for the first five-year period the section is in effect, there will be no fiscal implications for state or local government.

Mr. Harrison 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 clarification on the appeals procedures. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Roger Darley, Assistant General Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite 7300, Austin, Texas 78751.

The amendment is proposed under the Texas Human Resources Code, Title 7, Chapter 111, §111.018 and §111.023, which provides the Texas Rehabilitation Commission with the authority to promulgate rules consistent with Title 7, Texas Human Resources Code.

No other statute, article, or code is affected by this proposal.

§106.34.Protests.

A potential contractor who has submitted a bid or proposal for a proposed contract may protest non-selection decisions based on alleged improprieties in the contract award process.

(1)

A written protest must be received by the Director of BSS Procurement [ GCU Director ] within 15 days of the protestor's receipt of notice of the Commission decision being protested. Failure to comply with the foregoing time frame will result in the dismissal of the protest for want of jurisdiction. In order for the protest to be evaluated on its merits, a copy of the Commission's adverse action letter must be attached, and the protest must state:

(A)

the protestor's name and specific action the protestor is requesting be reconsidered;

(B)

how the decision, action, or inaction by Texas Rehabilitation Commission (TRC) violated published TRC policy, or state or federal laws and regulations regarding procurement, or contract;

(C)

the protestor's claim with specific supporting information (refer to pertinent parts of the original request for proposal, offer, bid, or the award documents);

(D)

an explanation of the facts under disagreement; and

(E)

the subsequent action the offeror is requesting.

(2)

The Director of BSS Procurement [ GCU Director ] limits the review of the protest to a desk review of the materials supplied by the protestor and Commission staff who made the decision.

(3)

The Director of BSS Procurement [ GCU Director ] sends the decision on the protest to the protestor within 30 days of receipt of the written request.

(4)

A contract may be awarded not withstanding a pending protest regarding the contract award.

(5)

The Commission's decision on the protest is the final agency action.

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 February 14, 2000.

TRD-200001126

Charles Schiesser

Chief of Staff

Texas Rehabilitation Commission

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 424-4050

Part 4. TEXAS COMMISSION FOR THE BLIND

Chapter 159. ADMINISTRATIVE RULES AND PROCEDURES

Subchapter A. GENERAL RULES

40 TAC §159.4

The Texas Commission for the Blind proposes new §159.4 within its administrative rules and procedures. The section contains the agency's policies for reimbursing board members and Consumer Advisory Committee members for the cost of special aids or attendants when needed by the members to fulfill their official duties. These policies have heretofore been board administrative policies and are now being adopted as rules in the Texas Administrative Code as required by statute.

Alvin Miller, Chief Financial Officer, has determined that for the first five-year period the new rule is in effect there will be no foreseeable additional cost to the state or local government as a result of enforcing or administering the rule.

Mr. Miller has also determined that for each year of the first five years the rules are in effect the anticipated public benefits will be rules that assure the full participation of people who are disabled in the policymaking activities of the agency. There will be no effect on small businesses or individuals as a result of the rule.

Questions about the content of this proposal may be directed to Jean Crecelius at (512) 377-0611 and written comments on the proposal may be submitted to Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.

The rule is proposed under the Human Resources Code, Title 5, Chapter 91, § 91.011(e), which states that a commission member or consumer advisory committee member who is disabled and, because of the disability, requires special aids or a travel attendant in order to attend an official meeting is entitled to reimbursement for the cost of the special aids or attendant in accordance with rules set by the commission.

The proposal affects no other statutes.

§159.4.Reimbursement for Cost of Special Aids or Attendant.

(a)

The travel expenses of attendants accompanying Commission board members and Consumer Advisory Committee members to meetings shall be reimbursed at the actual cost of travel expenses incurred.

(b)

The cost of hiring an attendant in order to attend a meeting shall be reimbursed to the member. An attendant shall be paid for periods not to exceed 8 hours, unless actually engaged in travel for periods in excess of 8 hours, at the actual cost charged by the attendant, not to exceed the highest effective hourly rate paid to a state employee classified within salary group A-18 of the State Classification Salary Schedule."

(c)

Spouses, salaried employees, or family members of the first degree of consanguinity or affinity who assist a disabled Board or Consumer Advisory Committee member to attend a meeting will be reimbursed for actual travel expenses only.

(d)

The cost of special aids required to attend a meeting shall be reimbursed at the actual cost of renting such aids.

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 February 9, 2000.

TRD-200001004

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 377-0611

Subchapter C. ACCESS TO PUBLIC INFORMATION

The Texas Commission for the Blind proposes the amendment of §159.41 pertaining to public information copy formats and the repeal of §159.42 pertaining to charges for providing copies of public information, §159.43 pertaining to estimate, deposit, and waiver of public information charges, and §159.45 pertaining to access to public information when copies are not requested. The Commission simultaneously proposes new §159.42 pertaining to charges for providing copies of public information and new §159.45 pertaining to access to public information for inspection and copying.

Government Code, §552.262, states that the rules adopted by the General Services Commission (GSC) shall be "used" by each governmental body in determining charges for public information. Because this statute has been interpreted to mean that agencies do not need to adopt similar rules on the subject, the Commission is amending §159.41 and repealing §59.42 and §159.43 because they contain rules that duplicate rules adopted by the General Services Commission.

Proposed new §159.42 explains to the public where the charges for providing copies of public information are located in TAC. Proposed new §159.45 contains the agency's rules of procedure for public inspection of records. The rules contain the hours and conditions under which a person may review public information located in Commission offices.

Alvin Miller, Chief Financial Officer, has determined that for the first five years the rules are in effect there may be some increase in revenue to the state as a result of enforcing or administering the rules; however, the amount is estimated to be minimal because most of the requests the agency receives fall below minimum guidelines for charging. There are no foreseeable fiscal implications on local governments as a result of the rules.

Mr. Miller has also determined that for each year of the first five years the rules are in effect the anticipated public benefits will be a reduction of duplicate rules in the Texas Administrative Code and reasonable procedures for inspecting public information at agency offices. There will be no additional effect on small businesses or individuals as a result of the rules other than what currently exists for obtaining copies of public information.

Questions about the content of this proposal may be directed to Jean Crecelius at (512) 377-0611 and written COMMENTS on the proposal may be submitted to Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.

40 TAC §159.41

The amendment is proposed under Human Resources Code, Title 5, Chapter 91, §91.011, which authorizes the commission to adopt rules prescribing the policies and procedures followed by the commission in the administration of its programs, and Government Code, Chapter 552, §552.230, which authorizes governmental bodies to promulgate reasonable rules of procedure under which public information may be inspected and copied efficiently, safely, and without delay.

The proposed amendment affects no other statutes.

§159.41. Public Information Copy Formats.

[ (a)

If a requesting party asks that information be provided on a diskette or other computer-compatible media, and the requested information is electronically stored, the Commission shall provide the information on computer-compatible media.]

[ (b)

The extent to which a requestor can be accommodated will depend largely on the technological capability of the Commission. The Commission shall not purchase any hardware, software or programming capabilities that it does not already possess to accommodate a particular request.]

[ (c) ]

To accommodate requests for public information from persons who are blind:

(1)

Copies of information may be provided in braille if the information is already available in braille format, or available on a diskette formatted for braille reproduction;

(2)

Copies of information will be provided on voice cassette when the information already exists in that medium.

(3)

Provision of a copy of public information in the requested medium shall not violate the terms of any copyright agreement between the Commission and a third party.

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 February 11, 2000.

TRD-200001072

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 377-0611

40 TAC §§159.42, 159.43, 159.45

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Commission for the Blind or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under Human Resources Code, Title 5, Chapter 91, §91.011, which authorizes the commission to adopt rules prescribing the policies and procedures followed by the commission in the administration of its programs and Government Code, §552.262, which states that the rules adopted by the General Services Commission shall be used by each governmental body in determining charges for public information.

No other statutes are affected by this proposal.

§159.42. Charges for Providing Copies of Public Information.

§159.43. Estimate, Deposit, and Waiver of Public Information Charges.

§159.45. Access to Public Information When Copies Are Not Requested.

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 February 11, 2000.

TRD-200001070

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 377-0611

40 TAC §159.42, §159.45

The new rules are proposed under Human Resources Code, Title 5, Chapter 91, §91.011, which authorizes the commission to adopt rules prescribing the policies and procedures followed by the commission in the administration of its programs and Government Code, §552.262, which states that the rules adopted by the General Services Commission shall be used by each governmental body in determining charges for public information.

No other statutes are affected by the proposal.

§159.42. Charges for Providing Copies of Public Information.

The charge, deposit, or bond required of any person requesting copies of public information from the Texas Commission for the Blind shall be in accordance with charges established by the General Services Commission pursuant to Government Code, Chapter 552, and adopted by rule in 1 TAC, Chapter 111, Subchapter C, (pertaining to Cost of Copies of Public Information).

§159.45. Access to Public Information for Inspection and Copying.

(a)

A person may review nonconfidential information on the Commission's premises during normal business hours by requesting an appointment in writing, reasonably identifying the records the person wants to review, and specifying a time or range of times the person is available to inspect the information. If the requested appointment is not disruptive to the ongoing business of the Commission, the Commission will schedule the appointment at the time requested and confirm the appointment in writing within ten business days of receiving the request. If the information will be unavailable at the time requested or the appointment would be disruptive to the ongoing business of the Commission, the Commission will establish a date within a reasonable period of time in which the information will be available for inspection.

(b)

A person may not inspect records that contain confidential information. Records that contain confidential information must be duplicated and the confidential information removed by Commission staff prior to inspection. Should a person want to inspect records from which confidential information has been obliterated, the person shall be charged a fee in accordance with established state rules.

(c)

Public access to inspect documents on file with the Commission requires the approval and supervision of an authorized Commission employee. Persons inspecting documents may do so only in a designated inspection area. Copies of public information may not be removed from the area during inspection.

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 February 11, 2000.

TRD-200001071

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 377-0611

Chapter 169. BLIND AND VISUALLY IMPAIRED CHILDREN'S PROGRAM

Subchapter A. GENERAL INFORMATION

40 TAC §169.5

The Texas Commission for the Blind proposes an amendment to §169.5 concerning the use of comparable services and benefits in the Blind and Visually Impaired Children's Program. The amendment establishes by rule the income level at which the Medicaid eligibility of a child applying for services is verified by the Commission.

The amended rule is the result of changes made to Human Resources Code, Chapter 91, by House Bill 1400 (HB1400) during the 76th Legislature, 1999. Although the Commission has historically checked the Medicaid eligibility of children served in the program for the purpose of receiving reimbursements for targeted case management services, the Sunset staff, in their 1998 staff report, indicated that a consistent level by rule may increase program funds. The Sunset staff reported that requiring caseworkers to confirm the Medicaid eligibility of all children at, or below, 185% of the Federal Poverty Level would identify most eligible children from birth to 16 years of age; therefore, the Commission has set the income level at this percentage in rule.

Alvin Miller, Chief Financial Officer, has determined for the first five-year period the rule is in effect that there will be no additional cost to state or local governments as a result of enforcing or administering the rule. There may be some increase in revenue to the state, but the exact amount cannot be determined. There are no fiscal implications on local government as a result of the rule.

Mr. Miller has also determined that for each year of the first five years the rule is in effect the anticipated public benefits will be program rules that can be administered efficiently on a statewide basis for the benefit of children with visual impairments. There will be no effect on small businesses or individuals as a result of the amendment.

Questions about the content of this proposal may be directed to Jean Crecelius at (512) 377-0611 and written comments on the proposal may be submitted to Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.

The rule is proposed under the Human Resources Code, Title 5, Chapter 91, Section 91.028, which requires the Commission to establish, by rule, the income level at which the Medicaid eligibility of a client applying for services will be verified.

The proposed rule affects no other statutes.

§169.5.Comparable Services and Benefits.

(a)-(d)

(No change.)

(e)

The Commission shall verify a child's eligibility for Medicaid at the time of application if the parent's income falls at or below 185% of the federal poverty level as determined under the provisions of Subchapter D of this chapter relating to Economic Resources.

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 February 9, 2000.

TRD-200001002

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 377-0611

40 TAC §169.6

The Texas Commission for the Blind proposes new §169.6 concerning the confidentiality of personal information maintained by the agency during the administration of the Blind and Visually Impaired Children's Program. The rules establish the policies under which personal information acquired directly or indirectly by the agency may be used.

Alvin Miller, Chief Financial Officer, has determined that for the first five years the rule is in effect there are no foreseeable implications relating to cost or revenues of the state or local governments as a result of enforcing or administering the rule.

Mr. Miller has also determined that for each year of the first five years the rule is in effect the anticipated public benefits will be program rules that protect personal information from disclosure except for specified purposes connected with the administration of the children's program or investigation of complaints. There will be no effect on small businesses or individuals as a result of the rule.

Questions about the content of this proposal may be directed to Jean Crecelius at (512) 377-0611 and written comments on the proposal may be submitted to Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.

The rule is proposed under the Human Resources Code, Title 5, Chapter 91, § 91.028, which authorizes the Commission to adopt rules governing the use of records or other information concerning an applicant for or recipient of children's program services

The proposal affects no other statutes.

§169.6.Confidentiality of Records.

(a)

All personal information furnished to and gathered by the Commission in the administration of this chapter, including names, addresses, records of agency evaluations, reports of medical examinations and treatments, financial information, and photographs, shall be confidential in accordance with these rules.

(b)

Personal information shall not be disclosed directly or indirectly outside the Commission unless the parent's consent has been obtained in writing, or unless the disclosure or release of personal information:

(1)

is required by federal or state law;

(2)

is required in response to investigations in connection with law enforcement, fraud or abuse, and in response to the order of a court of appropriate jurisdiction; or

(3)

is required in order to protect the individual or others when the individual poses a threat to his or her own safety or the safety of others.

(c)

Information containing identifiable personal information shall not be shared with advisory or other bodies that do not have official responsibility for administration of the program.

(d)

Personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research only for purposes directly connected with the administration of the blind and visually impaired children's program, or for purposes that would significantly improve the quality of life for children with visual impairments and only if the organization, agency, or individual assures that:

(1)

the information will be used only for the purposes for which it is being provided;

(2)

the information will be released only to persons officially connected with the audit, evaluation, or research;

(3)

the information will not be released to the involved consumer and/or parent;

(4)

the information will be managed in a manner to safeguard confidentiality; and

(5)

the final product will not reveal any personal identifying information without the informed written consent of the involved individual or the individual's representative.

(e)

If personal information has been obtained from another agency or organization, it may be released only by, or under the conditions established by, the other agency or organization.

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 February 9, 2000.

TRD-200001003

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: March 26, 2000

For further information, please call: (512) 377-0611