Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Chapter 700.
CHILD PROTECTIVE SERVICES
The Texas Department of Protective and Regulatory Services (TDPRS)
proposes the repeal of §§700.337-700.344 and 700.346-700.348; and
proposes new §§700.801-700.805, 700.820-700.824, 700.840-700.850,
700.860-700.863, 700.880, and 700.881, concerning the adoption assistance
program, in its Child Protective Services chapter. The new sections are proposed
in new Subchapter H, Adoption Assistance Program. The purpose of the repeals
and new sections is to simplify the language of the adoption assistance rules
so they are clearer to the public and private child-placing agencies. The
proposal is intended to facilitate understanding of the law, eligibility requirements
and application procedures, and enable private child-placing agencies to better
fulfill their obligation to inform adoptive parents of the assistance benefits
which may be available if they adopt a special needs child. The proposal is
part of TDPRS's strategic plan initiative to review and revise rules to eliminate
redundancy and conflict; maximize uniformity across program lines; and promote
efficiency, effectiveness and accountability. In drafting the new rules, staff
used the question and answer style as well as other plain language techniques.
TDPRS published proposed rules on this subject in the December 15, 2000,
issue of the
Texas Register
(25 TexReg 12327),
which TDPRS is withdrawing in this issue of the
Texas Register
. The new proposal reflects many changes resulting from
ACYF-CB- PA-01-01, a policy announcement concerning adoption assistance eligibility,
that TDPRS received after the rules were proposed in the
Texas Register
.
Mary Fields, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed sections will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Ms. Fields also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be that the sections will be better organized and easier
to understand. There will be no effect on large, small, or micro-businesses
because there is no change to the program requirements. There is no anticipated
economic cost to persons who are required to comply with the proposed sections.
Questions about the content of the proposal may be directed to Susan Klickman
at (512) 438-3302 in TDPRS's Child Protective Services Division. Written comments
on the proposal may be submitted to Texas Register Liaison, Legal Services-157,
Texas Department of Protective and Regulatory Services E-611, P.O. Box 149030,
Austin, Texas 78714-9030, within 30 days of publication in the
Texas Register
.
Under section 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 C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
40 TAC §§700.337 - 700.344, 700.346 - 700.348
(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 Department of Protective and Regulatory Services or in the Texas
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Human Resources Code
(HRC), §40.029, which provides the department with the authority to propose
and adopt rules in compliance with state law and to implement departmental
programs.
The repeals implement the Texas Family Code, Chapter 162, Subchapter D,
Adoption Assistance Program, and Title IV-E of the Social Security Act (42
U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
§700.337.Eligibility Requirements for State-paid Adoption Subsidies.
§700.338.Additional Eligibility Requirements for Federal Title IV-E Adoption Assistance.
§700.339.Determination of Adoption Assistance Benefits.
§700.340.Effective Dates of Subsidy Benefits.
§700.341.Application and Right to Notification.
§700.342.Beginning the Subsidy.
§700.343.Reporting Changes.
§700.344.Right to Appeal.
§700.346.Reimbursement of Nonrecurring Adoption Expenses.
§700.347.Medical Assistance for Children Who Do Not Reside in the State That Signed the Adoption Assistance Agreement.
§700.348.Continuing Eligibility for Title IV-E Adoption Assistance in Subsequent Adoptions.
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 March 23, 2001.
TRD-200101711
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
1.
PROGRAM DESCRIPTION AND DEFINITIONS
40 TAC §§700.801 - 700.805
The new sections are proposed under Human Resources Code (HRC), §40.029,
which provides the department with the authority to propose and adopt rules
in compliance with state law and to implement departmental programs.
The new sections implement the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
§700.801.What do certain words and terms in this subchapter mean?
In Subchapter H, the following words and terms have the stated meanings:
(1)
The words "I," "my," "you" and "your" refer to the adoptive
parent(s) of a special needs child.
(2)
The words "we," "us," "our" and "PRS" refer to the Texas
Department of Protective and Regulatory Services (PRS) or any of its divisions
or employees, including Child Protective Services (CPS).
(3)
The word "child" refers to any child that meets the definition
of a special needs child, as described in §700.804 of this title (relating
to Who is a special needs child?).
(4)
The term "Title IV-E" refers to the federal program for
adoption assistance that is established under Title IV-E of the Social Security
Act, 42 U.S.C. §673, and administered by PRS.
(5)
The term "state adoption assistance" refers to the state
program for adoption assistance established under Texas Family Code, §162.302.
(6)
The term "AFDC eligible" means a child would have qualified
for aid under the Texas State IV-A Plan (as in effect on July 16, 1996), with
the exception that the child's and family's maximum resource limit is $10,000.
Requirements include that the child live with a parent or specified relative
and be deprived of parental support. Parental deprivation exists if one of
the child's parents is dead, absent from the home, or has a mental or physical
incapacity that prevents the parent from supporting or caring for the child,
or the principal wage earner parent is unemployed.
(7)
The term "licensed child-placing agency" or "LCPA" refers
to a private, nonprofit agency that is licensed or certified by the State
of Texas to place children for adoption.
(8)
The term "adoptive parent(s)" refers to the person(s) who
commit(s) to adopting a special needs child placed for adoption in accordance
with licensing minimum standards for child- placing agencies.
(9)
The terms "adoptive placement" and "placed for adoption"
only refer to points in time during the period when PRS or the LCPA has managing
conservatorship of the child, parental rights to the child are terminated,
the adoptive parent(s) have an approved adoptive home study and the child
is living with them under a written adoptive placement agreement prior to
adoption consummation.
(10)
The term "complete application" refers to all the forms
and documents that must be filled out and received by PRS to process a request
for adoption assistance. An application is not complete until we receive all
the information and supporting documentation necessary to determine a child's
eligibility.
(11)
The word "agreement" refers to the written contract for
adoption assistance that is legally binding because both parties have signed
it agreeing to all terms and conditions.
(12)
The term "deferred agreement" refers to the legally binding,
written contract to provide adoption assistance in the future if the need
develops. A deferred agreement is used when the child is eligible for adoption
assistance and you are able to meet the child's current needs, but you may
be unable to meet the child's needs in the future if circumstances change.
§700.802.What is adoption assistance?
(a)
Adoption assistance is a program designed to facilitate
the adoption of children with special needs. The program includes benefits
to help meet the needs of your adopted child.
(b)
The benefits that may be provided under the program are:
(1)
Medicaid health coverage for the child;
(2)
monthly payments to assist in meeting the child's needs;
and
(3)
reimbursement of one-time expenses directly related to
completing the adoption process (nonrecurring expenses).
§700.803.Do all children placed for adoption by PRS get adoption assistance?
(a)
No. Only a special needs child, in an approved adoptive
placement, can qualify for adoption assistance. When we place a child for
adoption, we first determine whether the child is eligible under Title IV-E.
If the child is not eligible under Title IV-E, we determine whether the child
is eligible under the state adoption assistance program.
(b)
To receive any adoption assistance benefits, you must sign
an agreement before the adoption is final. Exceptions can be made to this
requirement only in certain circumstances, as described in §700.881 of
this title (relating to Can my child still get benefits if I did not sign
an agreement before the adoption?).
§700.804.Who is a special needs child?
(a)
The child must be less than 18 years old and meet one of
the following criteria when the adoptive placement agreement is signed:
(1)
the child is at least six years old;
(2)
the child is at least two years old and a member of a minority
group that traditionally creates a barrier to adoption;
(3)
the child is being adopted with a sibling or to join a
sibling; or
(4)
the child has a verifiable physical, mental, or emotional
handicapping condition, as established by an appropriately qualified professional
through a diagnosis that addresses:
(A)
what the condition is; and
(B)
that the condition is handicapping.
(b)
The state must determine that the child cannot or should
not be returned to the home of his parents.
(c)
A reasonable effort must be made to find an adoptive placement
without providing adoption assistance, unless doing so is against the child's
best interests.
§700.805.Can a child who is placed by an LCPA get adoption assistance?
(a)
Yes, but a special needs child placed for adoption by an
LCPA can qualify for adoption assistance only by meeting the requirements
of Title IV-E, as described in Division 2 of this subchapter (relating to
Title IV-E Eligibility Requirements).
(b)
You must sign an agreement before the adoption is final.
Exceptions can be made to this requirement only in certain circumstances,
as described in §700.881 of this title (relating to Can my child still
get benefits if I did not sign an agreement before the adoption?).
(c)
A special needs child placed for adoption by an LCPA is
not eligible for the state adoption assistance program.
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 March 23, 2001.
TRD-200101712
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§700.820 - 700.824
The new sections are proposed under Human Resources Code (HRC), §40.029,
which provides the department with the authority to propose and adopt rules
in compliance with state law and to implement departmental programs.
The new sections implement the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
§700.820.How do I get Title IV-E adoption assistance for my child?
(a)
To be eligible for any adoption assistance benefits, your
child must be a special needs child and you must sign an agreement with us
before the child's adoption is finalized. In addition, benefits are only available
to those who meet the federal law requirements of U.S. citizenship or special
immigration status, as described in §700.824 of this title (relating
to What if the child is not a U.S. citizen?).
(b)
When the additional Title IV-E eligibility requirements
are met, as described in this division, you may be entitled to monthly payments
and Medicaid coverage for your child in addition to the reimbursement of nonrecurring
expenses.
(c)
When the additional Title IV-E eligibility requirements
are not met, the only benefit you can receive is reimbursement of nonrecurring
expenses, as described in §700.850 of this title (relating to How do
I get reimbursement of nonrecurring expenses?).
§700.821.What are the additional Title IV-E eligibility requirements?
A special needs child must be in an adoptive placement and meet one
of the following conditions to be eligible for Medicaid and possible monthly
payments under an agreement:
(1)
The child is eligible for Supplemental Security Income
(SSI) benefits, as determined by the Social Security Administration (SSA)
during the adoptive placement;
(2)
We determine that the child is AFDC eligible both:
(A)
in the month that court proceedings began which resulted
in the child's removal from the home; and
(B)
in the month the adoption petition is filed;
(3)
We already determined that the child was eligible for Title
IV-E foster care assistance; or
(4)
The child lives with a minor parent in foster care, and
the child's costs are included in the Title IV-E foster care payments being
made on behalf of the minor parent.
§700.822.How do you determine whether the child was AFDC eligible?
(a)
To determine whether the child was AFDC eligible, we must
consider the detailed circumstances of the home of the parent or relative
from whom the court ordered the child to be removed. If the child was no longer
living in the home when the court ordered removal,
(1)
the child must have been living there at some point during
the six months before the court removal proceedings began; and
(2)
we must determine that the child would have been eligible
for AFDC assistance had the child still been living in that home during the
month the court proceedings began.
(b)
We must also determine whether the child is still AFDC
eligible at the time the adoption petition is filed.
§700.823.What is necessary for a court order to be considered a removal?
The very first court order addressing the fact that the child no longer
lives at home must contain a judicial finding that it is contrary to the child's
welfare, or not in the child's best interest, to remain in the home. A court
order that follows a voluntary transfer of possession of a child to an LCPA
cannot be characterized as a court removal.
§700.824.What if the child is not a U.S. citizen?
(a)
If the child is not a U.S. citizen, then the child must
meet one of the conditions specified in this subsection or in subsection (b)
of this section before the agreement is signed:
(1)
The child has been a permanent resident or other qualified
alien (as described in 8 U.S.C. §1641(b)) for at least five years;
(2)
The child entered the U.S. as a permanent resident or other
qualified alien before August 22, 1996; or
(3)
The child is a refugee or asylee (as defined in 8 U.S.C. §1613(b)).
(b)
If the child does not meet one of the conditions listed
in subsection (a) of this section, but has been a permanent resident or other
qualified alien for less than five years, then the child is still eligible
for adoption assistance if you are a U.S. citizen, permanent resident, or
other qualified alien.
(c)
A child who does not meet the conditions in subsections
(a) or (b) of this section, including an undocumented child, is not eligible
for Title IV-E adoption assistance.
(d)
The child's citizenship or immigration status must be verified
in accordance with federal law. If you are relying on the exception in subsection
(b) of this section, your citizenship or immigration status must be verified
in accordance with federal law.
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 March 23, 2001.
TRD-200101713
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§700.840 - 700.850
The new sections are proposed under Human Resources Code (HRC), §40.029,
which provides the department with the authority to propose and adopt rules
in compliance with state law and to implement departmental programs.
The new sections implement the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
§700.840.What is the application process for adoption assistance?
(a)
You must file a complete application with the adoption
assistance staff in the PRS office in your area. Some of the information you
are asked to provide is unrelated to determining your child's eligibility,
but it may be used to discuss and negotiate the amount of monthly payments,
as described in §700.844 of this title (relating to What is the maximum
amount for monthly payments?).
(b)
If we place the child for adoption, we inform you of the
adoption assistance program and provide you with the application. We can help
you fill out many of the required forms because we have access to the necessary
information in our files.
(c)
If an LCPA places the child, the LCPA must inform you of
the adoption assistance program. You may need the LCPA to help you with the
application and eligibility documentation. The LCPA can provide information
directly to us on your behalf.
§700.841.When do I find out if my child is eligible?
We send you written notification of our decision within 30 days after
we receive your complete application. If you do not receive the notification
or you believe your application is not being processed promptly, you should
contact the supervisor of the adoption assistance staff in the PRS office
where you filed the application.
§700.842.What happens if my child is determined eligible?
(a)
If we determine that the child is eligible for adoption
assistance, we send you a proposed agreement that identifies the specific
benefits for which your child is eligible. We must receive your signed agreement
before you finalize the adoption. Benefits are not available until there is
a legally binding agreement.
(b)
If the child is eligible for benefits other than the reimbursement
of nonrecurring expenses, we send you an agreement that may specify a monthly
payment amount. If you are not offered the maximum monthly payment amount,
as described in §700.844 of this title (relating to What is the maximum
amount for monthly payments?), you can discuss and negotiate the amount with
us before you sign and return the proposed agreement.
(c)
If you and your child do not have any current need for
adoption assistance, but reasonably expect to have a need in the future, you
can sign a deferred agreement, as described in §700.801(12) of this title
(relating to What do certain words and terms in this subchapter mean?).
(d)
If the child is eligible for reimbursement of nonrecurring
expenses, you cannot receive that benefit until after the adoption is finalized,
as described in §700.850 of this title (relating to How do I get reimbursement
of nonrecurring expenses?).
§700.843.What happens if my child is determined ineligible?
If we determine that the child is not eligible for adoption assistance,
we send you written notification explaining the reasons for our decision and
informing you of your right to appeal.
§700.844.What is the maximum amount for monthly payments?
(a)
The monthly payment amount cannot exceed the level-of-care
one (LOC 1) rate that is being paid by us for foster care maintenance as of
the effective date of your agreement:
(1)
The ceiling for the monthly payment amount is determined
as follows:
(A)
the daily LOC 1 rate is multiplied by 365 days;
(B)
the result is divided by 12 months; and
(C)
that result is rounded to the nearest whole dollar amount.
(2)
This ceiling for monthly payments applies to all agreements
and is not subject to negotiation or appeal. Exception: For agreements already
in existence where the monthly payment exceeds the LOC 1 foster care rate,
the ceiling will be the amount being paid by us on the date this section is
adopted.
(b)
The following factors are considered and discussed in negotiating
and determining benefits:
(1)
We evaluate your child's current need for services in relation
to your family's income, expenses, circumstances, and plans for the future.
(2)
Benefits are intended only to assist in meeting your child's
current needs and your parental responsibilities.
(3)
Any and all sources of income and support that are specifically
designated for the child (such as Retirement, Survivors, Disability Insurance
(RSDI) or Veterans Administration (VA) benefits) must be applied toward meeting
the child's needs.
(4)
We do not consider costs associated with your choice to
meet the child's needs through private sources when those needs can be met
through other publicly funded sources.
(5)
If the child needs special services not covered by your
private insurance or Texas Medicaid, we must determine the actual cost of
services available to meet those needs. If actual costs are not available,
we determine a reasonable estimate of projected costs.
§700.845.Can my child get adoption assistance monthly payments in addition to Supplemental Security Income (SSI) benefits?
Only the Social Security Administration (SSA) can determine whether
your child is eligible for SSI benefits. The SSA considers your family's financial
resources in determining whether your child remains eligible for SSI benefits
after adoption. If your child does remain eligible, the SSI benefits would
be reduced by any amount you receive in adoption assistance monthly payments.
If you choose to receive SSI benefits and do not sign an agreement with us
before the adoption is final, you cannot return later and ask for adoption
assistance if the SSI benefits stop.
§700.846.How is the effective date of the agreement determined?
(a)
The effective date of the agreement is the month in which
the child meets all eligibility requirements. If the child already meets all
eligibility requirements when you apply, the effective date of the agreement
cannot be more than 12 months before we receive your complete application.
Benefits are not available for any period of time before the effective date
of the agreement.
(b)
The effective date of the agreement is always the first
day of the month. A child cannot receive Medicaid and monetary payments from
both the foster care and adoption assistance programs in the same month. If
we are making foster care maintenance payments for the child, adoption assistance
benefits begin the month after the foster care payments stop.
§700.847.When does the agreement end?
The agreement you sign is effective through the month in which your
child turns 18 years old, unless terminated earlier.
§700.848.When can the agreement and benefits be terminated before my child turns 18 years old?
The agreement and benefits can be terminated when any of the following
occurs:
(1)
the adoptive placement ends before the adoption is consummated;
(2)
we discover the child was mistakenly determined eligible
for benefits;
(3)
you are no longer legally responsible for the child's support,
such as when your parental rights are terminated, or when the child emancipates,
marries, or enlists in the military;
(4)
we determine that you are no longer financially supporting
the child;
(5)
the child dies; or
(6)
you request termination of benefits.
§700.849.Can benefits be suspended while the agreement is effective?
(a)
Yes, we may suspend benefits, without your agreement, when
any of the following occurs:
(1)
we determine that the child is not living in your home
and you are not supporting the child financially;
(2)
we do not receive a certified copy of the Decree of Adoption
within 24 months after the effective date of the agreement; or
(3)
we do not receive your recertification form, as described
in §700.862 of this title (relating to Why must I recertify my child's
eligibility?).
(b)
Benefits resume if we are able to determine that you and
your child remain eligible. If you receive any monthly payments for a period
of time when they could have been suspended, we may require you to repay the
total amount or recover the overpayment by deducting amounts from future payments
under a repayment plan.
§700.850.How do I get reimbursement of nonrecurring expenses?
(a)
We must receive your signed agreement before you finalize
the adoption. After you finalize the adoption, you can get reimbursement from
us for your nonrecurring expenses. These expenses are defined as reasonable
and necessary adoption fees, court costs, attorney fees, and "other expenses"
that are directly related to the legal adoption of your child.
(b)
Other expenses include the costs of adoption incurred by
you or by someone else who you must reimburse. Examples of these expenses,
when necessary to complete the adoption process, include the adoption home
study, health and psychological examinations, supervision of the adoptive
placement, transportation and reasonable costs of lodging and food for you
or your child.
(c)
We must receive your claim for reimbursement no later than
18 months after the adoption is finalized. If your right to reimbursement
is authorized by a PRS hearing order after the adoption is final, we must
receive your claim as soon as possible.
(d)
You must submit your receipts or other proof of payment,
such as cancelled checks, and a certified copy of the Decree of Adoption.
You are reimbursed only for expenses actually incurred that are not reimbursable
by a third party. The maximum amount that you can receive as reimbursement
for nonrecurring expenses is $1500 per child.
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 March 23, 2001.
TRD-200101714
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§700.860 - 700.863
The new sections are proposed under Human Resources Code (HRC), §40.029,
which provides the department with the authority to propose and adopt rules
in compliance with state law and to implement departmental programs.
The new sections implement the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
§700.860.What if my child's or family's circumstances change?
(a)
You must promptly inform us of the following changes in
circumstances regarding your adopted child or your family:
(1)
any name or address changes;
(2)
a change in marital status;
(3)
a change in where the child is living;
(4)
a change in the child's legal status; and
(5)
any change(s) that may affect continuing eligibility for
benefits, as described in §700.848 of this title (relating to When can
the agreement and benefits be terminated before my child turns 18 years old?).
(b)
If you are not already receiving the maximum monthly payment,
you may request an increase when there is a change of circumstances affecting
your adopted child's current needs or your family's ability to meet those
needs. You must submit a written request for an increase to the local PRS
office that processed your application and specify the change(s) in your child's
or family's circumstances. Any request for an increase in monthly payment
amount is subject to the requirements and limitations described in §700.844
of this title (relating to What is the maximum amount for monthly payments?).
§700.861.Will my child receive benefits if I move to, or live in, another state?
(a)
If you have an adoption assistance agreement with another
state that provides Medicaid coverage for your child, we will provide Texas
Medicaid after you move here. Only medical assistance benefits covered by
the Texas Medicaid program are provided. The state that entered into the agreement
with you remains responsible to provide any monetary payments or other services
specified in that agreement.
(b)
If you have an agreement with us and you move to another
state, we provide Texas Medicaid coverage only if the state where you live
does not agree to cover your child under its state Medicaid program. We remain
responsible for any monthly payments specified in your agreement no matter
where you live, which is why you must keep us informed of your current address.
§700.862.Why must I recertify my child's eligibility?
We require the recertification of your child's eligibility to ensure
that you and your child remain eligible for benefits as provided by the agreement.
We may periodically send you a recertification form to fill out, sign and
return to us within 60 days. Your monthly payments can be suspended if we
do not receive your recertification form on time.
§700.863.Does a child remain eligible for benefits in a subsequent adoption?
(a)
Yes, a child remains eligible for adoption assistance in
a subsequent adoption if the following conditions are met before finalization
of the subsequent adoption:
(1)
we determine that the child is a special needs child, as
described in §700.804 of this title (relating to Who is a special needs
child?); and
(2)
a new adoption assistance agreement is signed.
(b)
Benefits may be suspended if we do not receive a certified
copy of the Decree of Adoption for the subsequent adoption within 24 months
after the effective date of the new agreement.
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 March 23, 2001.
TRD-200101715
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §700.880, §700.881
The new sections are proposed under Human Resources Code (HRC), §40.029,
which provides the department with the authority to propose and adopt rules
in compliance with state law and to implement departmental programs.
The new sections implement the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
§700.880.What are my rights to appeal a PRS decision regarding adoption assistance benefits?
(a)
You have the right to request a hearing whenever adoption
assistance benefits are denied, delayed, suspended, reduced, or terminated.
A hearing is also available when the processing of your application is unreasonably
delayed. The hearing, as described in §730.1102 of this title (relating
to Definitions), provides you the opportunity to appeal a decision made in
a local PRS office to a higher authority within PRS.
(b)
We must receive your written request for a hearing within
90 days after you receive written notification of our decision. At the hearing,
you can represent yourself or have another person, including an attorney,
represent you.
(c)
There is no right to appeal our decision to provide you
all the benefits available, including the maximum monthly payment allowed,
as described in §700.844 of this title (relating to What is the maximum
amount for monthly payments?).
§700.881.Can my child still get benefits if I did not sign an agreement before the adoption?
(a)
Yes, but only after you request a hearing and show that
there is good reason to excuse your failure to have a signed agreement. Some
good reasons that provide for a hearing are:
(1)
We placed your child for adoption but did not inform you
of the adoption assistance program before the adoption was final.
(2)
Facts relating to the child's eligibility for adoption
assistance were known but not disclosed to you before the adoption.
(3)
The child's physical, mental, or emotional handicapping
condition could not be diagnosed before the adoption, but was later diagnosed
by an appropriately qualified professional as having existed at the time of
the adoptive placement.
(4)
We made an error in determining that your child was not
eligible before the adoption was final.
(5)
We denied you assistance because of a means test.
(b)
In the hearing, you have the burden to prove both:
(1)
your reason for not having a signed agreement before the
adoption; and
(2)
that your child met all eligibility requirements before
the adoption.
(c)
If we agree that your child was eligible before the adoption
and your failure to have a signed agreement should be excused, we can sign
an agreed order with you and avoid having a hearing. The hearing officer must
approve the agreed order, and you must sign an agreement consistent with its
provisions, before you can receive benefits.
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 March 23, 2001.
TRD-200101716
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
proposes the repeal of §700.516, concerning administrative review of
investigation findings; proposes new §700.516, concerning administrative
review of investigation findings; and proposes an amendment to §700.605,
concerning prerequisites for release hearings, in its Child Protective Services
chapter. The purpose of the proposal is to revise the rules concerning administrative
review of investigation findings (ARIF) to address recent changes in the program.
The proposal also reorganizes and simplifies the rules to provide persons
designated as perpetrators of child abuse or neglect and the general public
with an up-to-date, clear, succinct and legally sufficient statement of the
person's rights and the agency's obligations and responsibilities in conducting
administrative reviews of investigation findings.
Mary Fields, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed sections will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Ms. Fields also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be that persons found to have abused or neglected children
will better understand the process by which they can seek to challenge the
findings of the investigation involving them. There will be no effect on large,
small, or micro-businesses because these rules do not impose any new requirements
on these kinds of businesses. There is no anticipated economic cost to persons
who are required to comply with the proposed sections.
Questions about the content of the proposal may be directed to Kay Love
at (512) 438-3305 in TDPRS's Child Protective Services Division. Written comments
on the proposal may be submitted to Texas Register Liaison, Legal Services-170,
Texas Department of Protective and Regulatory Services E-611, P.O. Box 149030,
Austin, Texas 78714-9030, within 30 days of publication in the
Texas Register
.
Subchapter E. INTAKE, INVESTIGATION, AND ASSESSMENT
40 TAC §700.516
(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 Protective and Regulatory Services or in the Texas
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
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.
The repeal is proposed under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules to facilitate implementation
of departmental programs.
The repeal implements the Texas Family Code, §261.309, which requires
that TDPRS by rule establish policies and procedures to resolve complaints
relating to and conduct reviews of child abuse or neglect investigations conducted
by TDPRS.
§700.516.Administrative Review of Investigation Findings.
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 March 23, 2001.
TRD-200101745
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
The new section is proposed under the
Human Resources Code (HRC), §40.029, which authorizes the department
to adopt rules to facilitate implementation of departmental programs.
The new section implements the Texas Family Code, §261.309, which
requires that TDPRS by rule establish policies and procedures to resolve complaints
relating to and conduct reviews of child abuse or neglect investigations conducted
by TDPRS.
§700.516.Administrative Review of Investigation Findings.
(a)
The purpose of an Administrative Review of Investigation
Findings (ARIF) is to provide an informal review process for a person who
has been designated as a perpetrator or victim/perpetrator of child abuse
or neglect as specified in §700.512(b)(2) or (3) of this title (relating
to Conclusions about Roles).
(b)
To be eligible, the designated perpetrator must request
an ARIF, in writing, within 45 days after receiving notice of the findings
of the investigation.
(c)
A person is not entitled to an ARIF for a finding of abuse
or neglect if a court of competent jurisdiction has already issued a ruling
consistent with that specific finding.
(d)
Except as provided in subsection (e) of this section, TDPRS
must within 45 days after the date on which a request for an ARIF is received:
(1)
conduct the ARIF; or
(2)
notify the requestor that the request has been denied because
the requestor is not eligible for an ARIF, as specified in this section.
(e)
TDPRS may postpone the conduct of an ARIF when there is
a pending civil or criminal suit or an ongoing criminal investigation relating
to the same acts or omissions involved in TDPRS's finding of abuse or neglect.
An ARIF that is postponed for this reason must be conducted within 45 days
from notification of the completion of the suit or criminal investigation
that caused the postponement.
(f)
The ARIF is conducted by a TDPRS employee (the "reviewer")
who was not involved in the investigation and did not directly supervise the
investigation. The ARIF is an informal review in which the requestor, investigation
worker, and investigation supervisor may appear, make statements, provide
relevant written materials, and ask questions. The requestor has the right
to be represented by another individual. Other interested individuals may
participate or provide information at the sole discretion of the reviewer.
(g)
The reviewer may review the investigation case record,
ask questions, and gather other relevant information. The formal rules of
evidence do not apply. The reviewer may consider all allegations relating
to the investigation, including allegations that were "reason-to-believe,"
"unable-to-determine," or "ruled-out" at the conclusion of the investigation,
and the evidence gathered during the investigation and the ARIF process. The
reviewer must confirm that decisions of "reason-to-believe" are supported
by a preponderance of the evidence.
(h)
After completing the ARIF, the reviewer must timely issue
a written decision that upholds, reverses, or alters the original investigation
findings. An original finding of "reason-to-believe" for abuse or neglect
may be upheld, or may be reversed to a finding of either "unable-to-determine"
or "ruled-out." A finding may be altered with respect to the type of abuse
or neglect found to have occurred. For example, an original finding of "reason-to-believe"
for "physical abuse" of a child may be altered to a finding of "reason-to-believe"
for "neglectful supervision" of the child. A "reason-to-believe" finding may
be altered as to the type of abuse or neglect even when the original finding
with respect to that same type of abuse or neglect had been "ruled-out" or
"unable-to-determine."
(i)
If the reviewer's decision reverses or alters any of the
original investigation findings, TDPRS must change its records regarding the
outcome of the investigation to reflect the reviewer's decision.
(j)
Notwithstanding anything in this section, if an individual
is entitled to an administrative hearing before the State Office of Administrative
Hearings (SOAH), TDPRS may, at its sole discretion, waive the conduct of an
ARIF and proceed directly to the SOAH hearing.
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 March 23, 2001.
TRD-200101746
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §700.605
The amendment is proposed under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules to facilitate implementation
of departmental programs.
The amendment implements the Texas Family Code, §261.309, which requires
that TDPRS by rule establish policies and procedures to resolve complaints
relating to and conduct reviews of child abuse or neglect investigations conducted
by TDPRS.
§700.605.Prerequisites for Release Hearings.
(a)
(No change.)
(b)
Prior [
[(1)
Before a release hearing is conducted,
TDPRS' Protective Services for Families and Children (PSFC) must conduct an
administrative review of the investigation findings as specified in §700.516
of this title (relating to Administrative Review of Investigation Findings),
unless PSFC and the designated perpetrator or designated victim/perpetrator
agree to waive the administrative review.]
[(2)
Any administrative review of current
or past investigation findings is sufficient to satisfy the requirement specified
in paragraph (1) of this subsection as long as:]
[(A)
the investigation findings include a designation of the
person who has requested the release hearing as a designated perpetrator or
designated victim/perpetrator of child abuse or neglect as specified in §700.512(b)(1)
of this title (relating to Conclusions About Roles); and]
[(B)
the individual who conducts the review confirms that the
designation was supported by a preponderance of the evidence.]
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 March 23, 2001.
TRD-200101747
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
Subchapter B. COMMUNITIES IN SCHOOLS
40 TAC §701.271
The Texas Department of Protective and Regulatory Services
(TDPRS) proposes an amendment to §701.271, concerning appropriated state
and federal funds, in its Community Initiatives chapter. The purpose of the
amendment is to allow TDPRS some flexibility in implementing Communities In
Schools (CIS) funding allocation methodology. This flexibility may be used
to limit the amount of money a local CIS program might lose due to a new biennial
allocation calculation. Failure to limit such losses could significantly impact
service delivery by many local CIS programs.
Mary Fields, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed section will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the section.
Ms. Fields 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 minimal disruption to local CIS programs because of a
reduction of state funding. There will be no effect on large, small, or micro-businesses
because they are not stakeholders in the CIS funding formula. There is no
anticipated economic cost to persons who are required to comply with the proposed
section.
Questions about the content of the proposal may be directed to Thomas Chapmond
at (512) 438-3309 in TDPRS's Prevention and Early Intervention Division. Written
comments on the proposal may be submitted to Texas Register Liaison, Legal
Services-172, Texas Department of Protective and Regulatory Services E-611,
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
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is proposed under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules to facilitate implementation
of departmental programs, and the Texas Family Code, §264.746, which
authorizes the Texas Department of Protective and Regulatory Services to develop
and implement an equitable funding formula for the funding of local Communities
In Schools programs.
The amendment implements the Texas Family Code, §264.746.
§701.271.Appropriated State and Federal Funds.
(a)
(No change.)
(b)
Continuation Funding.
(1)
(No change).
(2)
Notwithstanding subsection (b) of this section, TDPRS may
choose
, for the purpose of minimizing disruption in services due to loss
of funding, to limit the annual amount of lost funding from one biennium to
the next to a maximum of 50% of the calculated loss per contractor, as determined
by the funding formula in subsection (b)
[
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 March 23, 2001.
TRD-200101749
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
proposes amendments to §§720.31, 720.120, 720.131, 720.133, 720.135,
720.137, 720.201, 720.203, 720.205, 720.207, 720.243, 720.305, 720.326, 720.361,
720.363, 720.365, 720.367,720.368, 720.370, 720.372, 720.374, 720.420, 720.423,
720.440, 720.501, 720.506, 720.508, 720.520, 720.523, 720.530, 720.540, 720.550,
720.570, 720.916, 720.923, and 720.1503 - 720.1506; and proposes the repeal
of §§720.424, 720.425, 720.447, 720.509 - 720.511, 720.531 - 720.534,
720.547, 720.557, and 720.1507, concerning behavior intervention in residential
child-care facilities, foster homes, foster group homes, and child-placing
agencies, in its 24-Hour Care Licensing chapter. The purpose of the proposal
is to delete obsolete information concerning behavior intervention. TDPRS
adopted new §§720.1001 - 720.1013 to govern the use of behavior
intervention effective September 1, 2000. Those rules established precedence
over all the other behavior intervention information in Chapter 720. However,
the obsolete rules create confusion and TDPRS is deleting them. This proposal
also changes obsolete definitions in the residential child care minimum standards
to bring the rules up to date.
Mary Fields, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed sections will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Ms. Fields also has determined that for each year of the first five years
the proposed sections are in effect the public benefit anticipated as a result
of enforcing the sections will be that obsolete sections will be deleted.
There will be no effect on large, small, or micro-businesses because the sections
do not impose new requirements on the cost of doing business, do not require
the purchase of any new equipment, and should not require any increased staff
time in order to comply. There is no anticipated economic cost to persons
who are required to comply with the proposed sections.
Questions about the content of the proposal may be directed to Lizet Alaniz
at (512) 438-4538 in TDPRS's Licensing Division. Written comments on the proposal
may be submitted to Texas Register Liaison, Legal Services-167, Texas Department
of Protective and Regulatory Services E-611, 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. STANDARDS FOR CHILD-PLACING AGENCIES
40 TAC §720.31
The amendment is proposed under the Human Resources Code (HRC), §42.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and HRC, §42.042, which gives the department
the authority to promulgate rules to carry out the statute and to promulgate
minimum standards for licensed child-care facilities and registered family
homes.
The amendment implements the Human Resources Code, §42.029 and §42.042.
§720.31.Problem Management.
[(a)
General requirements.]
[(1)
The child-placing agency must have written policies to
guide caregivers in management of problem behavior of children in substitute
care or adoptive placement prior to consummation. The policies must also include
measures for positive responses to appropriate behavior. The agency must give
copies of the policies to staff, foster parents, adoptive parents, and to
birth parents or managing conservators.]
(a)
[
(1)
[
(2)
[
(3)
[
(b)
[
(c)
[
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
[(b)
Restraint and seclusion.]
[(1)
If the agency's policies permit the use of any form of
restraint, this must be limited to emergency use of personal restraint.]
[(2)
Restraining measures must not be used as punishment, as
a substitute for effective treatment or program, or for the caregiver's convenience.]
[(3)
If restraining measures are used, only such force as is
reasonable and necessary may be used.]
[(4)
If the agency authorizes the use of restraint for a child,
caregivers must be trained in the type(s) of restraint authorized before the
child is placed.]
[(5)
Personal restraint may be used only when a child's behavior
endangers himself or others.]
[(6)
The child must be released from personal restraint as
soon as he is no longer a danger to himself or others.]
[(7)
Any use of personal restraint must be documented in the
child's record, including:]
[(A)
the date and time the caregiver began using the restraint
and the name of the caregiver using it;]
[(B)
a description of the specific behaviors necessitating
the use of the restraint;]
[(C)
the type of restraint used and the length of time the
child was restrained; and]
[(D)
any injury the child sustained as a result of the incident
or the use of restraint.]
[(8)
The use of personal restraint must be evaluated as part
of the next service plan review. The agency must consider alternative strategies
to handle the behavior that required using personal restraint. This evaluation
and instructions to caregivers must be documented in the child's record.]
[(9)
Except as permitted in Chapter 720, Subchapter S, Standards
for Child Care Facilities Serving Children with Autistic-like Behavior, of
this title, mechanical restraints, seclusion, or placing a child in a locked
room must not be used in an agency home or adoptive placement. Protective
devices may only be used when prescribed by a physician.]
[(10)
At admission, the child-placing agency must explain to
children able to comprehend the information, the agency's policies and practices
on the use of restraint. The explanation must include who is permitted to
do a restraint, the things caregivers must first try to do to defuse the situation
and avoid the use of restraint, the kinds of situations in which restraint
may be used, the types of restraints authorized by the agency, what a child
needs to do to end the use of a restraint, and the way to report an inappropriate
restraint. This explanation must be documented in the child's record.]
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 March 23, 2001.
TRD-200101732
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §720.120
The amendment is proposed under the Human Resources Code (HRC), §42.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and HRC, §42.042, which gives the department
the authority to promulgate rules to carry out the statute and to promulgate
minimum standards for licensed child-care facilities and registered family
homes.
The amendment implements the Human Resources Code, §42.029 and §42.042.
§720.120.Children's Rights.
(a)-(b)
(No change.)
(c)
Discipline shall be consistent with the policies of the
child-placing agency. There shall be no cruel, harsh, unusual, or unnecessary
punishment. The foster parents shall keep a record of the physical punishment
administered to children and the imposition of restrictions to the agency
home that exceed 24 hours.
(1)-(3)
(No change.)
(4)
Any discipline [
(5)-(7)
(No change.)
[(d)
Children shall not be placed in a locked
room.]
[(e)
Physical holding as a method of restraint
shall be used only when necessary to protect the child from injury to self
or others.]
[(1)
The use of holding and the length of time used shall be
reported to the agency and recorded in the child's case record.]
[(2)
Mechanical restraints shall not be used.]
[(3)
At admission, the foster parents must explain to children
able to comprehend the information, the home's policies and practices on the
use of restraint. The explanation must include who can do a restraint, the
things caregivers must first try to do to defuse the situation and avoid the
use of restraint, the kinds of situations in which restraint may be used,
the types of restraints authorized by the agency under which the home operates,
what a child needs to do to end the use of a restraint, and the way to report
an inappropriate restraint. This explanation must be documented in the child's
record.]
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 March 23, 2001.
TRD-200101733
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.131, 720.133, 720.135, 720.137
The amendments are proposed under the Human Resources Code
(HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The amendments implement the Human Resources Code, §42.029 and §42.042.
§720.131.Personnel Staffing Standards for Habilitative Agency Homes.
(a)
(No change.)
(b)
The child-placing agency must have a psychologist available
for diagnosis, treatment, and consultation.
(1)
He or she must be a psychologist
licensed as set forth
in the Texas Occupations Code, Chapter 501
[
(2)
(No change.)
§720.133.Child Care, Development, and Training Standards for Habilitative Agency Homes.
(a)-(c)
(No change.)
(d)
Children's rights.
[
Discipline must be consistent with the policies
of the child-placing agency. There must be no cruel, harsh, unusual, or unnecessary
punishment.
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
[(2)
Physical holding for restraint or mechanical
restraints must be used only to protect the child from injury to self or others.]
[(A)
In an emergency, only physical holding can be used unless
a physician orders mechanical restraint. The nature of the emergency must
be documented.]
[(B)
The need for restraint, the type of restraint used, and
the length of time the restraint was used must be recorded in the child's
record.]
[(C)
If physical holding for restraint is to be used other
than in an emergency, it can be used only upon the orders of a licensed physician.]
[(D)
Any order for physical restraint must designate the type
of restraint, the circumstances, and the duration of its use.]
(e)
(No change.)
§720.135.Personnel Standards For Therapeutic Agency Homes.
(a)
Staffing. The child-placing agency must provide staff necessary
to ensure the proper care, treatment, and safety of the residents.
(1)
(No change.)
(2)
The child-placing agency must arrange to obtain services
of a professional consultant team which has responsibility for supervising
and reviewing the needs and treatment of residents. Documentation of the services
provided by these professionals and the frequency of services shall be made.
This professional team must include:
(A)
(No change.)
(B)
a psychologist
licensed as set forth in the Texas
Occupations Code, Chapter 501
[
(C)
(No change.)
(b)
(No change.)
§720.137.Child Care, Development, and Training Standards for Therapeutic Agency Homes.
(a)-(b)
(No change.)
(c)
Residents' rights.
[
Discipline must be consistent with the policies
of the child-placing agency and must not be physically or emotionally damaging.
There must be no cruel, harsh, unusual, or unnecessary punishment.
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
[(2)
Physical holding for restraint can be
used only in an emergency and when necessary to protect the resident from
injury to self or others. When physical restraint is used, the circumstances,
including the length of time the restraint was used, must be documented in
the resident's record. The use of mechanical restraint or seclusion is prohibited.]
(d)
(No change.)
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 March 23, 2001.
TRD-200101734
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.201, 720.203, 720.205, 720.207
The amendments are proposed under the Human Resources Code
(HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The amendments implement the Human Resources Code, §42.029 and §42.042.
§720.201.Personnel-Staffing Standards for Habilitative Family Homes.
(a)
(No change.)
(b)
The habilitative family home must have a psychologist available
for diagnosis, treatment, and consultation.
(1)
He or she must be a psychologist
licensed as set forth
in the Texas Occupations Code, Chapter 501
[
(2)
(No change.)
§720.203.Child Care, Development, and Training Standards for Habilitative Family Homes.
(a)-(c)
(No change.)
(d)
Children's rights.
[
The habilitative family home must have written
policies regarding methods used for [
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
[(2)
Physical holding or mechanical restraints
must be used only to protect the child from injury to self or others.]
[(A)
In an emergency, only physical holding can be used, unless
a physician orders mechanical restraint. The nature of the emergency must
be documented.]
[(B)
The need for restraint, the type of restraint used, and
the length of time the restraint was used must be recorded in the child's
record.]
[(C)
If physical holding for restraint is to be used other
than in an emergency, it can be used only upon the orders of a licensed physician.]
[(D)
Any order for restraint must designate the type of restraint,
the circumstances, and the duration of its use.]
(e)
(No change.)
§720.205.Personnel Standards for Therapeutic Family Homes.
(a)
Staffing. The therapeutic family home must provide staff
necessary to ensure the proper care, treatment, and safety of the residents.
(1)
(No change.)
(2)
The therapeutic family home must arrange to obtain services
of a professional consultant team which has responsibility for supervising
and reviewing the needs and treatment of residents. Documentation of the services
provided by these professionals and the frequency of services shall be made.
This professional team must include:
(A)
(No change.)
(B)
a psychologist
licensed as set forth in the Texas
Occupations Code, Chapter 501
[
(C)
(No change.)
(b)
(No change.)
§720.207.Child Care, Development, and Training Standards for Therapeutic Family Homes.
(a)-(b)
(No change.)
(c)
Residents' rights.
[
The therapeutic family home must have written
policies regarding methods used for [
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
[(2)
Physical restraint can be used only in
an emergency and when necessary to protect the resident from injury to self
or others. When physical restraint is used, the circumstances, including the
length of time the restraint was used, must be documented in the resident's
record. The use of mechanical restraint or seclusion is prohibited.]
[(3)
A resident must not be placed alone in
a locked room.]
(d)
(No change.)
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 March 23, 2001.
TRD-200101735
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §720.243
The amendment is proposed under the Human Resources Code (HRC), §42.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and HRC, §42.042, which gives the department
the authority to promulgate rules to carry out the statute and to promulgate
minimum standards for licensed child-care facilities and registered family
homes.
The amendment implements the Human Resources Code, §42.029 and §42.042.
§720.243.Children's Rights and Privileges.
(a)-(g)
(No change.)
(h)
Discipline shall be consistent with the policies of the
foster family home. The home shall provide copies of the discipline policies
to the children's parents or managing conservators. The home shall also provide
written information to the parents or managing conservators that identifies
the person or office that parents or managing conservators can contact if
they feel their children's rights have been violated. Copies of the foster
family home's discipline policy shall be submitted to the department with
each application for a license and resubmitted at any time a change is made
in policy.
(1)-(9)
(No change.)
(10)
No form of discipline[
[(i)
Children shall not be placed in a locked
room.]
[(j)
Physical holding as a form of restraint
shall be used only when necessary to protect the child from injury to self
or others. The use of physical holding and the length of time used shall be
recorded in the child's case record. Mechanical restraints shall not be used.
At admission, the foster parents must explain to children able to comprehend
the information, the home's policies and practices on the use of restraint.
The explanation must include who can do a restraint, the things caregivers
must first try to do to defuse the situation and avoid the use of restraint,
the kinds of situations in which restraint may be used, the types of restraints
authorized by the home, what a child needs to do to end the use of a restraint,
and the way to report an inappropriate restraint. This explanation must be
documented in the child's record.]
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 March 23, 2001.
TRD-200101736
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §720.305, §720.326
The amendments are proposed under the Human Resources Code
(HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The amendments implement the Human Resources Code, §42.029 and §42.042.
§720.305.Children's Rights and Privileges in Homes Responsible to a Child-Placing Agency.
(a)-(f)
(No change.)
(g)
Discipline shall be consistent with the policies of the
child-placing agency. There shall be no cruel, harsh, unusual, or unnecessary
punishment. A record shall be kept at the foster group home of the physical
punishment administered to children and the imposition of restrictions to
the foster group home that exceed 24 hours.
(1)-(7)
(No change.)
(8)
No form of discipline[
[(h)
Physical holding as a form of restraint
shall be used only to protect a child from injury to self or others. The use
of physical holding and the length of time used shall be recorded in the child's
case record. Mechanical restraint shall not be used.]
[(i)
Children shall not be placed in a locked
room.]
[(j)
At admission, the foster parents must
explain to children able to comprehend the information, the home's policies
and practices on the use of restraint. The explanation must include who can
do a restraint, the things caregivers must first try to do to defuse the situation
and avoid the use of restraint, the kinds of situations in which restraint
may be used, the types of restraints authorized by the agency under which
the home operates, what a child needs to do to end the use of a restraint,
and the way to report an inappropriate restraint. This explanation must be
documented in the child's record.]
§720.326.Children's Rights and Privileges in an Independent Foster Group Home.
(a)-(l)
(No change.)
[(m)
Physical holding as a form or restraint
shall be used only to protect the child from injury to self or others. The
use of physical holding and the length of time it was used shall be recorded
in the child's case record. Mechanical restraints shall not be used.]
[(n)
Children shall not be placed in a locked
room.]
[(o)
At admission, the foster parents must
explain to children able to comprehend the information, the home's policies
and practices on the use of restraint. The explanation must include who can
do a restraint, the things caregivers must first try to do to defuse the situation
and avoid the use of restraint, the kinds of situations in which restraint
may be used, the types of restraints authorized by the home, what a child
needs to do to end the use of a restraint, and the way to report an inappropriate
restraint. This explanation must be documented in the child's record.]
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 March 23, 2001.
TRD-200101737
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.361, 720.363, 720.365, 720.367, 720.368, 720.370, 720.372, 720.374
The amendments are proposed under the Human Resources Code
(HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The amendments implement the Human Resources Code, §42.029 and §42.042.
§720.361.Personnel-Staffing Standards for Habilitative Group Homes Responsible to a Child-Placing Agency.
(a)
(No change.)
(b)
The child-placing agency habilitative group home must have
a psychologist available for diagnosis, treatment, and consultation.
(1)
He or she must be a psychologist
licensed as set forth
in the Texas Occupations Code, Chapter 501
[
(2)
(No change.)
§720.363.Child Care, Development, and Training Standards for Habilitative Group Homes Responsible to a Child Placing Agency.
(a)-(c)
(No change.)
(d)
Children's rights.
[
Discipline must be consistent with the policies
of the child-placing agency. There must be no cruel, harsh, unusual, or unnecessary
punishment.
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
[(2)
If the agency's policies permit the use
of restraint, this must be limited to emergency use of personal restraint.]
[(A)
Restraining measures must not be used as punishment, as
a substitute for effective treatment or program, or for the caregiver's convenience.]
[(B)
If restraining measures are used, only such force as is
reasonable and necessary may be used.]
[(C)
If the agency authorizes the use of restraint for a child,
caregivers must be trained in the type of restraint authorized before the
child is placed in the agency home.]
[(D)
Personal restraint may be used only when a child's behavior
endangers himself or others.]
[(E)
The child must be released from personal restraint as
soon as he is no longer a danger to himself or others.]
[(F)
Any use of personal restraint must be documented in the
child's record, including:]
[(i)
the date and time the caregiver began using the restraint
and the name of the caregiver using it;]
[(ii)
a description of the specific behaviors necessitating
the use of the restraint;]
[(iii)
the type of restraint used and the length of time the
child was restrained; and]
[(iv)
any injury the child sustained as a result of the incident
or the use of restraint.]
[(G)
The use of personal restraint must be evaluated as part
of the next service plan review. The agency must consider alternative strategies
to handle the behavior that required using personal restraint. This evaluation
and instructions to caregivers concerning alternative strategies must be documented
in the child's record.]
[(H)
Except as permitted in Subchapter S of this chapter (relating
to Standards for Child Care Facilities Serving Children with Autistic-like
Behavior), mechanical restraints, seclusion, or placing a child in a locked
room must not be used in an agency home. Protective devices may only be used
when prescribed by a physician.]
(e)
(No change.)
§720.365.Personnel Standards for Therapeutic Group Homes Responsible to a Child-Placing Agency.
(a)
Staffing. The child-placing agency therapeutic group home
must provide staff necessary to ensure the proper care, treatment, and safety
of the residents.
(1)
(No change.)
(2)
The child-placing agency therapeutic group home must arrange
to obtain services of a professional consultant team which has responsibility
for supervising and reviewing the needs and treatment of residents. Documentation
of the services provided by these professionals and the frequency of service
shall be made. This professional team must include: a licensed physician who
is a psychiatrist or a physician who specializes in children with psychiatric
disorders; a psychologist
licensed as set forth in the Texas Occupations
Code, Chapter 501
[
(b)
(No change.)
§720.367.Child Care, Development, and Training Standards for Therapeutic Group Homes Responsible to a Child-Placing Agency.
(a)-(b)
(No change.)
(c)
Residents' rights.
[
Discipline must be consistent with the policies
of the child-placing agency. There must be no cruel, harsh, unusual, or unnecessary
punishment.
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
[(2)
If the agency's policies permit the use
of restraint, this must be limited to emergency use of personal restraint.]
[(A)
Restraining measures must not be used as punishment, as
a substitute for effective treatment or program, or for the caregiver's convenience.]
[(B)
If restraining measures are used, only such force as is
reasonable and necessary may be used.]
[(C)
If the agency authorizes the use of restraint for a child,
caregivers must be trained in the type of restraint authorized before the
child is placed in the agency home.]
[(D)
Personal restraint may be used only when a child's behavior
endangers himself or others.]
[(E)
The child must be released from personal restraint as
soon as he is no longer a danger to himself or others.]
[(F)
Any use of personal restraint must be documented in the
child's record, including:]
[(i)
the date and time the caregiver began using the restraint
and the name of the caregiver using it;]
[(ii)
a description of the specific behaviors necessitating
the use of the restraint;]
[(iii)
the type of restraint used and the length of time the
child was restrained; and]
[(iv)
any injury the child sustained as a result of the incident
or the use of restraint.]
[(G)
The use of personal restraint must be evaluated as part
of the next service plan review. The agency must consider alternative strategies
to handle the behavior that required using personal restraint. This evaluation
and instructions to caregivers concerning alternative strategies must be documented
in the child's record.]
[(H)
Except as permitted in Subchapter S of this chapter (relating
to Standards for Child Care Facilities Serving Children with Autistic-like
Behavior), mechanical restraints, seclusion, or placing a child in a locked
room must not be used in an agency home. Protective devices may only be used
when prescribed by a physician.]
(d)
(No change.)
§720.368.Personnel-Staffing Standards for Independent Habilitative Group Homes.
(a)
(No change.)
(b)
The independent habilitative group home must have a psychologist
available for diagnosis, treatment, and consultation.
(1)
He or she must be a psychologist
licensed as set forth
in the Texas Occupations Code, Chapter 501
[
(2)
(No change.)
§720.370.Child Care, Development, and Training Standards for Independent Habilitative Group Homes.
(a)-(c)
(No change.)
(d)
Children's rights.
[
The independent habilitative group home must
have written policies regarding methods used for [
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
[(2)
If the facility's policies permit the
use of restraint, this must be limited to emergency use of personal restraint.]
[(A)
Restraining measures must not be used as punishment, as
a substitute for effective treatment or program, or for the caregiver's convenience.]
[(B)
If restraining measures are used, only such force as is
reasonable and necessary may be used.]
[(C)
Personal restraint may be used only when a child's behavior
endangers himself or others.]
[(D)
The child must be released from personal restraint as
soon as he is no longer a danger to himself or others.]
[(E)
Any use of personal restraint must be documented in the
child's record, including:]
[(i)
the date and time the caregiver began using the restraint
and the name of the caregiver using it;]
[(ii)
a description of the specific behaviors necessitating
the use of the restraint;]
[(iii)
the type of restraint used and the length of time the
child was restrained; and]
[(iv)
any injury the child sustained as a result of the incident
or the use of restraint.]
[(F)
The use of personal restraint must be evaluated as part
of the next service plan review. The facility must consider alternative strategies
to handle the behavior that required using personal restraint. This evaluation
and instructions to caregivers concerning alternative strategies must be documented
in the child's record.]
[(G)
Except as permitted in Subchapter S of this chapter, (relating
to Standards for Child Care Facilities Serving Children with Autistic-like
Behavior), mechanical restraints, seclusion, or placing a child in a locked
room must not be used in a foster group home. Protective devices may only
be used when prescribed by a physician.]
(e)
(No change.)
§720.372.Personnel Standards for Independent Therapeutic Group Homes.
(a)
Staffing. The independent therapeutic group home must provide
staff necessary to ensure the proper care, treatment, and safety of the residents.
(1)
(No change.)
(2)
The independent therapeutic group home must arrange to
obtain services of a professional consultant team which has responsibility
for supervising and reviewing the needs and treatment of residents. Documentation
of the services provided by these professionals and the frequency of services
shall be made. This professional team must include: a licensed physician who
is psychiatrist or a physician who specializes in children with psychiatric
disorders; a psychologist
licensed as set forth in the Texas Occupations
Code, Chapter 501
[
(b)
(No change.)
§720.374.Child Care, Development, and Training Standards for Independent Therapeutic Group Homes.
(a)-(b)
(No change.)
(c)
Residents' rights.
[
The independent therapeutic group home must
have written policies regarding methods used for [
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
[(2)
If the facility's policies permit the
use of restraint, this must be limited to emergency use of personal restraint.]
[(A)
Restraining measures must not be used as punishment, as
a substitute for effective treatment or program, or for the caregiver's convenience.]
[(B)
If restraining measures are used, only such force as is
reasonable and necessary may be used.]
[(C)
Personal restraint may be used only when a child's behavior
endangers himself or others.]
[(D)
The child must be released from personal restraint as
soon as he is no longer a danger to himself or others.]
[(E)
Any use of personal restraint must be documented in the
child's record, including:]
[(i)
the date and time the caregiver began using the restraint
and the name of the caregiver using it;]
[(ii)
a description of the specific behaviors necessitating
the use of the restraint;]
[(iii)
the type of restraint used and the length of time the
child was restrained; and]
[(iv)
any injury the child sustained as a result of the incident
or the use of restraint.]
[(F)
The use of personal restraint must be evaluated as part
of the next service plan review. The facility must consider alternative strategies
to handle the behavior that required using personal restraint. This evaluation
and instructions to caregivers concerning alternative strategies must be documented
in the child's record.]
[(G)
Except as permitted in Subchapter S of this chapter, (relating
to Standards for Child Care Facilities Serving Children with Autistic-like
Behavior), mechanical restraints, seclusion, or placing a child in a locked
room must not be used in a foster group home. Protective devices may only
be used when prescribed by a physician.]
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 March 23, 2001.
TRD-200101738
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.420, 720.423, 720.440, 720.501, 720.506, 720.508, 720.520, 720.523, 720.530, 720.540, 720.550, 720.570
The amendments are proposed under the Human Resources Code
(HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The amendments implement the Human Resources Code, §42.029 and §42.042.
§720.420.Plan of Service.
(a)
The requirements in this section do not apply to residential
treatment centers. Residential treatment centers must meet the requirements
for a treatment plan in
§§720.520 - 720.530 and §§720.535
- 720.537
[
(b)-(e)
(No change.)
§720.423.Problem Management.
(a)
The facility must have current written policies and procedures
to guide staff in disciplining [
(b)-(g)
(No change.)
§720.440.Program Staff--Institutions Providing Basic Child Care.
The person responsible for the admission assessment, the plan of service,
and the plan of service updates must meet one of the following qualifications:
(1)
a master's degree in social work from an accredited college
or university or state
licensure
[
(2)
(No change.)
(3)
a bachelor's degree in social work from an accredited college
or university or state
licensure
[
(4)-(6)
(No change.)
§720.501.Program Staff--Institutions Serving Mentally Retarded Children.
(a)
The person responsible for developing the admission assessment,
the plan of service, and the plan of service updates must meet one of the
following qualifications:
(1)
a master's degree in social work from an accredited college
or university or state
licensure
[
(2)
(No change.)
(3)
a bachelor's degree in social work from an accredited college
or university or state
licensure
[
(4)-(6)
(No change.)
(b)
A psychologist
licensed as set forth in the Texas
Occupations Code, Chapter 501
[
§720.506.Plan of Service--Institutions Serving Mentally Retarded Children.
(a)
A psychologist
licensed as set forth in the Texas
Occupations Code, Chapter 501
[
(b)-(d)
(No change.)
§720.508.Problem Management--Institutions Serving Mentally Retarded Children.
[
No type of physical punishment may be inflicted
in any manner upon any part of a child's body.
[(b)
The facility must have current written
policies and procedures for using any form of restraint.]
§720.520.Program Director and Admission Assessment Staff--Residential Treatment Centers.
(a)
The person responsible for the overall treatment program
must be full-time staff with at least the following minimum qualifications:
(1)
a master's degree in a mental health field from an accredited
college or university or
licensure by the Texas State Social Work Board
of Examiners
[
(2)
(No change.)
(b)
Staff responsible for evaluating potential admissions on
the basis of data collected as part of the admission assessment must have
at least the following minimum qualifications:
(1)
a master's degree in a mental health field from an accredited
college or university or
licensure by the Texas State Social Work Board
of Examiners
[
(2)
(No change.)
(c)
(No change.)
(d)
Staff responsible for developing a preliminary treatment
plan for each child must have at least the following minimum qualifications:
(1)
a master's degree in a mental health field from an accredited
college or university or
licensure by the Texas State Social Work Board
of Examiners
[
(2)
(No change.)
§720.523.Training--Residential Treatment Centers.
(a)-(b)
(No change.)
(c)
Training must include information on the center's treatment
methods
and
[
§720.530.Problem Management--Residential Treatment Centers.
[
No type of physical punishment may be inflicted
in any manner upon any part of a child's body.
[(b)
The facility must have current written
policies and procedures for using seclusion or any form of restraint.]
§720.540.Program Staff--Halfway Houses.
(a)
The person responsible for developing the admission assessment,
the plan of service, and plan of service updates must meet one of the following
qualifications:
(1)
a master's degree in social work from an accredited college
or university or state
licensure
[
(2)
(No change.)
(3)
a bachelor's degree in social work from an accredited college
or university or state
licensure
[
(4)-(6)
(No change.)
(b)
(No change.)
(c)
Persons responsible for educational and vocational testing
of children in care must have at least one of the following qualifications:
(1)
designation as a psychologist
licensed as set forth
in the Texas Occupations Code, Chapter 501
[
(2)
(No change.)
§720.550.Program Staff--Therapeutic Camps.
Staff responsible for developing the admission assessment, the comprehensive
plan of service, and plan of service updates must meet at least one of the
following qualifications:
(1)
a master's degree in social work from an accredited college
or university or state
licensure
[
(2)
(No change.)
(3)
a bachelor's degree in social work from an accredited college
or university or state
licensure
[
(4)-(6)
(No change.)
§720.570.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)-(3)
(No change.)
[(4)
Behavior endangering self or others--Behavior
capable of causing physical harm to self or others; may include running away;
physical holding may be used to prevent a child from running away because
it is directly linked to protecting him from potential injury; may include
destruction of property; however, physical holding to prevent destruction
of property is permitted only after less restrictive interventions have been
attempted and failed. Attempts to use less restrictive interventions must
be documented in the child's record as part of documenting the need for restraint
if destruction of property is defined as behavior endangering self or others.]
[(5)
Child care facility--A facility providing
care, training, education, custody, treatment, or supervision for a child
who is not related by blood, marriage, or adoption to the facility's owner
or operator for all or part of the 24-hour day whether or not the facility
is operated for profit and whether or not the facility charges for its service.]
(4)
[
(A)
support or reinforce the ability of parents to meet children's
needs;
(B)
supplement the care children receive from parents or to
compensate for certain inadequacies in parental care; and
(C)
substitute for parental care either in whole or in part.
(5)
[
(A)
a child is in danger;
(B)
a child is a danger to others; or
(C)
a child is abandoned and does not have a place to stay.
(6)
[
(7)
[
(8)
[
(9)
[
(A)
sole proprietorship--Personal ownership with the legal
right and responsibility to possess, operate, sell, and otherwise deal with
the facility; may include a facility owned in common by husband and wife;
(B)
partnership--A combination by contract of two or more people
who use their money, labor, and skill to carry on a continuing business, dividing
the profits and sharing the losses in an agreed manner; includes general and
limited partnerships;
(C)
corporation--An intangible entity created by individuals
to operate for profit but to limit individual liability; organized according
to the Texas Business Corporation Act or similar act of another state as evidenced
by its articles of incorporation;
(D)
nonprofit corporation--The equivalent of not for profit
corporation. None of the income is distributed to members, directors, or officers;
organized under the Texas Nonprofit Corporation Act or similar act of another
state;
(E)
nonprofit corporation with religious affiliation--An entity
with nonprofit corporation status operated by, responsible to, or associated
with an organization of individuals devoted to religious purposes; those whose
relation with a religious organization is only for business, such as those
who only lease space, are not included;
(F)
association--A combination of individuals and interests
of some kind without IRS tax-exempt status; not organized under the Texas
Business Corporation Act;
(G)
nonprofit association--A combination of individuals and
interests of some kind, synonymous with society, with operations devoted to
charitable, benevolent, religious, patriotic, or educational purposes; not
organized under the Texas Business Corporation Act;
(H)
nonprofit association with religious affiliation--A combination
of individuals and interests of some kind, synonymous with society, with operations
devoted to religious purposes; not organized under the Texas Business Corporation
Act; operated by, responsible to, or associated with an organization of individuals
devoted to religious purposes. Those whose relationship with a religious organization
is only for business, such as those who only lease space, are not included.
(10)
[
(11)
[
(12)
[
[(15)
Mechanical restraint--Any physical device
used to restrict the movement of the whole or a portion of a child's body,
except when such restriction is primarily used to prevent self-injury or permit
wounds to heal.]
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
[(24)
Personal restraint--Any contact of a
staff member's body to restrict the movement of the whole or a portion of
a child's body.]
(21)
[
(22)
[
(A)
psychiatrist--a licensed physician with advanced training
in the diagnosis and treatment of mental and emotional disorders;
(B)
psychologist--a person
licensed as set forth in the
Texas Occupations Code, Chapter 501
[
(C)
social worker--a person
licensed
[
(D)
person qualified to provide social work services--a person
with a master's degree in social work from an accredited college or university;
and
(E)
professional counselors licensed by the Texas
State
Board of Examiners of Professional Counselors
[
[(27)
Protective device--Devices used to prevent
self-injury or self-mutilation.]
(23)
[
(24)
[
(25)
[
[(31)
Seclusion--Confinement, without staff
present, in a locked room or in another isolated area from which the child
is prevented from exiting.]
(26)
[
(27)
[
(28)
[
(A)
be engaged in child care activity; and
(B)
meet at least the qualifications for child care staff.
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
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 March 23, 2001.
TRD-200101739
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.424, 720.425, 720.447, 720.509 - 720.511, 720.531 - 720.534, 720.547, 720.557
(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 Department of Protective and Regulatory Services or in the Texas
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under the Human Resources
Code (HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The repeals implement the Human Resources Code, §42.029 and §42.042.
§720.424.Restraining Measures.
§720.425.Personal Restraint.
§720.447.Restraining Measures: Institutions Providing Basic Child Care.
§720.509.Restraining Measures--Institutions Serving Mentally Retarded Children.
§720.510.Protective Devices--Institutions Serving Mentally Retarded Children.
§720.511.Mechanical Restraint--Institutions Serving Mentally Retarded Children.
§720.531.Restraining Measures--Residential Treatment Centers.
§720.532.Protective Devices--Residential Treatment Centers.
§720.533.Mechanical Restraint--Residential Treatment Centers.
§720.534.Seclusion--Residential Treatment Centers.
§720.547.Restraining Measures--Halfway Houses.
§720.557.Restraining Measures--Therapeutic Camps.
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 March 23, 2001.
TRD-200101740
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §720.916, §720.923
The amendments are proposed under the Human Resources Code
(HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The amendments implement the Human Resources Code, §42.029 and §42.042.
§720.916.Children's Rights.
(a)-(l)
(No change.)
[(m)
The emergency shelter must use physical
holding as a form of restraint only to protect the child from injury to himself
or others. The emergency shelter must document in the child's record the use
of physical holding and the length of time used. The emergency shelter must
not use mechanical restraint.]
[(n)
At admission, the facility must explain
to children able to comprehend the information, the facility's policies and
practices on the use of restraint. The explanation must include who can do
a restraint, the things caregivers must first try to do to defuse the situation
and avoid the use of restraint, the kinds of situations in which restraint
may be used, the types of restraints authorized by the facility, what a child
needs to do to end the use of a restraint, and the way to report an inappropriate
restraint. This explanation must be documented in the child's record.]
[(o)
The emergency shelter may place children
in a locked room only until they can be taken for immediate medical treatment.
The emergency shelter must document in the child's record any seclusion of
a child.]
(m)
[
§720.923.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)-(8)
(No change.)
(9)
Psychologist--Psychologist
licensed as set forth in
the Texas Occupations Code, Chapter 501
[
(10)-(11)
(No change.)
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 March 23, 2001.
TRD-200101741
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.1503 - 720.1506
The amendments are proposed under the Human Resources Code
(HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The amendments implement the Human Resources Code, §42.029 and §42.042.
§720.1503.Admission.
(a)-(b)
(No change.)
(c)
The treatment team must be responsible for the evaluation
and diagnosis of each child. The team must include a licensed physician who
is a psychiatrist or a physician who specializes in children with psychiatric
disorders, and has at least one year of experience in working with children
with pervasive developmental disorders. The team must also include at least
one of the following:
(1)
a psychologist
licensed as set forth in the Texas
Occupations Code, Chapter 501
[
(2)-(3)
(No change.)
(d)
(No change.)
§720.1504.Treatment Plan.
(a)-(b)
(No change.)
(c)
The facility must implement the plan as follows:
(1)
(No change.)
(2)
If the treatment plan includes the use of aversive procedures,
[
(3)-(4)
(No change.)
(d)
(No change.)
(e)
The facility must schedule a conference every three months
to review and update the treatment plan. The facility also must schedule a
conference every time the plan is altered. The person responsible for the
treatment program and the foster parents or child-care worker with primary
responsibility for the care of the child must attend the conference. The facility
must invite the child's parents or managing conservator to attend the conference.
If the parents or managing conservator are unable to attend the conference,
the facility must document the reasons in the child's record. The facility
documents the names of those who attended the conference in the child's records.
The facility also must:
(1)-(2)
(No change.)
(3)
obtain written consent from the parents or managing conservator,
if the updated plan includes initial use of aversive procedures[
(4)
(No change.)
(f)
(No change.)
§720.1505.Behavior Therapy.
(a)-(g)
(No change.)
(h)
If a child is put in seclusion under §720.1011
of this title (relating to Seclusion), the child must not be placed in a dark
room
[
[(1)
Children in a locked time-out room must
be watched or visually monitored on a continuous basis by the foster parent
or child-care worker.]
[(2)
The facility must document in the child's
records, the name of the person monitoring the child, and a description of
the child's behavior while in a locked time-out room.]
[(3)
Children must not be placed in a dark
room.]
(i)-(l)
(No change.)
§720.1506.Medical Therapy.
(a)-(g)
(No change.)
(h)
The
[
[(i)
Facilities must only use chemical restraints
to intervene in life-threatening situations when a child's self-abusive behavior
could result in permanent disability.]
[(j)
The facility must ensure that children
are transferred to an appropriate medical setting if their need for chemical
restraint continues beyond the initial administration of the medication.]
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 March 23, 2001.
TRD-200101742
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §720.1507
(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 Protective and Regulatory 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 (HRC), §42.029, which authorizes the department to propose and adopt
rules to facilitate implementation of department programs; and HRC, §42.042,
which gives the department the authority to promulgate rules to carry out
the statute and to promulgate minimum standards for licensed child-care facilities
and registered family homes.
The repeal implements the Human Resources Code, §42.029 and §42.042.
§720.1507.Mechanical Restraint.
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 March 23, 2001.
TRD-200101743
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
Subchapter OO. APPEALS OF LICENSING STAFF DECISIONS
40 TAC §725.4003
The Texas Department of Protective and Regulatory Services
(TDPRS) proposes an amendment to §725.4003, concerning operations during
appeal of denial or revocation, in its General Licensing Procedures chapter.
The purpose of the amendment is to update the references to violations of
standards that pose a risk to the health and safety of children to incorporate
the behavior intervention rules that were effective September 1, 2000.
Mary Fields, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed section will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the section.
Ms. Fields also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be that obsolete references will be deleted, and correct
references will be added. There will be no effect on large, small, or micro-businesses
because the section does not impose new requirements on the cost of doing
business, does not require the purchase of any new equipment, and should not
require any increased staff time in order to comply. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
Questions about the content of the proposal may be directed to Lizet Alaniz
at (512) 438- 4538 in TDPRS's Licensing Division. Written comments on the
proposal may be submitted to Texas Register Liaison, Legal Services-167, Texas
Department of Protective and Regulatory Services E-611, 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.
The amendment is proposed under the Human Resources Code (HRC), §42.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and HRC, §42.042, which gives the department
the authority to promulgate rules to carry out the statute and to promulgate
minimum standards for licensed child-care facilities and registered family
homes.
The amendment implements the Human Resources Code, §§42.029 and
42.042.
§725.4003.Operations During Appeal of Denial or Revocation.
(a)-(b)
(No change.)
(c)
Violations of the following standards pose a risk to the
health and safety of children:
(1)-(6)
(No change.)
(7)
Child-Placing Agencies.
(A)-(B)
(No change.)
(C)
§720.31(a)(2)-(3), (b)-(e), and (g)
[
(D)-(W)
(No change.)
(8)
Agency Homes.
(A)-(B)
(No change.)
(C)
§720.120(c) [
(D)-(H)
(No change.)
(9)
Habilitative and Therapeutic Agency Homes.
(A)
(No change.)
(B)
§720.133(c)(1), (d)(1)-(6), and (e)(2)
[
(C)-(D)
(No change.)
(E)
§720.137(c)(1)-(5) and (7), and (d)
[
(10)
Habilitative and Therapeutic Family Homes.
(A)
(No change.)
(B)
§720.203(c)(1), (d)(1)-(2), (4)-(6), and (8),
and (e)(2)
[
(C)-(D)
(No change.)
(E)
§720.207(c)(1)-(2), (4)-(6), and (8), and (d)
[
(11)
Foster Family Homes.
(A)-(D)
(No change.)
(E)
§720.243(h)(1), (2), (4), (5), and (8)-(10) [
(F)-(I)
(No change.)
(12)
Foster Group Homes.
(A)-(B)
(No change.)
(C)
§720.305 (f)-(g)
[
(D)-(N)
(No change.)
(O)
§720.326(l)(1)-(2), (4)-(5) and (7)-(9) [
(P)-(U)
(No change.)
(13)
Habilitative and Therapeutic Group Homes Responsible to
a Child-Placing Agency and for Independent Habilitative and Therapeutic Group
Homes.
(A)
(No change.)
(B)
§720.370(c)(1), (d)(1)-(6), and (8), and (e)(2)
[
(C)-(D)
(No change.)
(E)
§720.374(c)(1)-(2), (4)-(6), and (8)
[
(14)
24-Hour Care Facilities.
(A)-(J)
(No change.)
[
§720.424 of this title
(relating to Restraining Measures);]
[
§720.425(a)-(c) of this
title (relating to Personal Restraint);]
(K)
[
(L)
[
(M)
[
(N)
[
(O)
[
(P)
[
(Q)
[
(R)
[
(S)
[
[
§720.447 of this title
(relating to Restraining Measures: Institutions Providing Basic Child Care);]
(T)
[
(U)
[
(V)
[
[(Z)
§720.509 of this title (relating
to Restraining Measures - Institutions Serving Mentally Retarded Children);]
[(AA)
§720.510 of this title (relating
to Protective Devices - Institutions Serving Mentally Retarded Children);]
[(BB)
§720.511(a)-(d) of this title (relating
to Mechanical Restraint - Institutions Serving Mentally Retarded Children);]
(W)
[
(X)
[
(Y)
[
(Z)
[
(AA)
[
[(HH)
§720.531 of this title (relating
to Restraining Measures - Residential Treatment Centers);]
[(II)
§720.532 of this title (relating
to Protective Devices - Residential Treatment Centers);]
[(JJ)
§720.533(a)-(d) of this title (relating
to Mechanical Restraint - Residential Treatment Centers);]
[(KK)
§720.534 of this title (relating
to Seclusion - Residential Treatment Centers);]
(BB)
(CC)
[
(DD)
[
(EE)
[
[(PP)
§720.547 of this title (relating
to Restraining Measures - Halfway Houses);]
(FF)
[
(GG)
[
(HH)
[
[(TT)
§720.557 of this title (relating
to Restraining Measures - Therapeutic Camps);]
(II)
[
(JJ)
(KK)
(LL)
(MM)
(NN)
(15)
Emergency Shelters.
(A)-(I)
(No change.)
(J)
§720.916(l)(1)-(3) and (5)-(9) [
(K)-(O)
(No change.)
(16)
Residential Child-Care Facilities,
Child-Placing Agencies, and Agency Homes.
(A)
§720.1004(b) of this title (relating to
Less Restrictive Behavior Interventions);
(B)
§720.1005 of this title (relating to Restraint
and Seclusion: General Requirements);
(C)
§720.1006 of this title (relating to Emergency
Medication);
(D)
§720.1007 of this title (relating to Personal
Restraint);
(E)
§720.1008 of this title (relating to Mechanical
Restraint);
(F)
§720.1009 of this title (relating to Protective
Devices);
(G)
§720.1010 of this title (relating to Supportive
Devices);
(H)
§720.1011 of this title (relating to Seclusion);
(I)
§720.1012(b)-(d) if this title (relating
to Behavior Intervention Training);
(J)
§720.1013 of this title (relating to Evaluation
of Behavior Interventions).
(17)
[
(A)
§720.1501(a) and (c) of this title (relating to Staffing);
(B)
§720.1502(b) of this title (relating to Training);
(C)
§720.1504(c)(2) of this title (relating to Treatment
Plan);
(D)
§720.1505(a)-(c), (d)(1)-(2), and (f)-(k)
[
(E)
§720.1506 of this title (relating to Medical Therapy).[
[
§720.1507(a)-(d), (e)(1)-(4),
and (f)-(k) of this title (relating to Mechanical Restraint).]
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 March 23, 2001.
TRD-200101731
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
40 TAC §725.6070
The Texas Department of Protective and Regulatory Services
(TDPRS) proposes an amendment to §725.6070, concerning adoptive home
screening requirements, in its General Licensing Procedures chapter. The purpose
of the amendment is to delete the paragraph of the rule that conflicts with
the Multi-Ethnic Placement Act of 1994 (MEPA), as amended (42 USC 622), and
with the Removal of Barriers to Interethnic Adoption provisions of 1996 (IEP)
(§1808, PL 104-188). This federal legislation prohibits a child-placing
agency, when making a foster or adoptive placement, from considering the race,
color or national origin of the child or of the foster or adoptive parents,
in almost all circumstances. Child-placing agencies are also prohibited from
considering the capacity of prospective foster or adoptive parents to meet
the needs of a child relating to race, color or national origin, in almost
all circumstances.
Mary Fields, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed section will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the section.
Ms. Fields also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be that the rule will comply with federal laws. There will
be no effect on large, small, or micro-businesses because the rule does not
impose new requirements on the cost of doing business, does not require the
purchase of any new equipment, and should not require any increased staff
time in order to comply. There is no anticipated economic cost to persons
who are required to comply with the proposed section.
Questions about the content of the proposal may be directed to Lizet Alaniz
at (512) 438- 4538 in TDPRS's Licensing Division. Written comments on the
proposal may be submitted to Texas Register Liaison, Legal Services-168, Texas
Department of Protective and Regulatory Services E-611, 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.
The amendment is proposed under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules to facilitate implementation
of department programs.
The amendment implements the Human Resources Code, §40.029, the Multi-Ethnic
Placement Act of 1994 (MEPA), as amended (42 USC 622) and the Removal of Barriers
to Interethnic Adoption provisions of 1996 (§1808, PL 104-188) (IEP).
§725.6070.Adoptive Home Screening Requirements.
(a)-(b)
(No change.)
(c)
An adoptive home screening must include all available information
about the adoptive applicants regarding the following:
(1)-(8)
(No change.)
[
sensitivity to, and feelings
about, different socioeconomic, cultural, and ethnic groups in relation to
the family's ability to provide an adoptive home and to maintain the cultural
or ethnic identity of a child from a different background;]
(9)
[
(10)
[
(11)
[
(d)
(No change.)
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 March 23, 2001.
TRD-200101744
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: May 25, 2001
For further information, please call: (512) 438-3437
Subchapter A. GENERAL PROCEDURES
Subchapter H. ADOPTION ASSISTANCE PROGRAM
2.
TITLE IV-E ELIGIBILITY REQUIREMENTS
3.
APPLICATION PROCESS, AGREEMENTS, AND BENEFITS
4.
CHANGES IN CIRCUMSTANCES
5.
APPEALS AND FAIR HEARINGS
Chapter 700.
CHILD PROTECTIVE SERVICES
Subchapter F. RELEASE HEARINGS
completion of an
] administrative review
of investigation findings. If the person filing the appeal has not already
been given an Administrative Review of Investigation Findings (ARIF) relating
to those same findings, as provided under §700.516 of this title (relating
to Administrative Review of Investigation Findings), TDPRS may, at its own
discretion, offer an ARIF prior to scheduling a release hearing.
Chapter 701.
COMMUNITY INITIATIVES
to allocate as necessary
to maintain the funding levels initially allocated by the Texas Workforce
Commission for fiscal year 1999. Levels initially allocated shall refer to
funds allocated at the beginning of fiscal year 1999 to the existing CIS programs.
This paragraph shall expire August 31, 2000
].
Chapter 720.
24-HOUR CARE LICENSING
(2)
] Disciplinary measures used
by caregivers must:
(A)
] be consistent with the agency's
policies;
(B)
] not be physically or emotionally
damaging to the child; and
(C)
] be individualized to meet each
child's needs.
(3)
] Only adult caregivers may discipline
a child.
(4)
] Children must not be subjected
to any harsh, cruel, unusual, unnecessary, demeaning, or humiliating punishment.
(5)
] Children must not be denied
food, mail, or visits with their families as punishment.
(6)
] Children must not be threatened
with the loss of placement [
as a means of controlling behavior
].
(7)
] The reasons for any punishment
or restriction must be explained to the child when the measures are imposed.
(8)
] Physical punishment must not
be used with any child placed in substitute care or in an adoptive placement
prior to consummation of the adoption.
(9)
] If a child is restricted to
a foster or adoptive home for more than 24 hours, the restrictions must be
recorded in the child's record.
Subchapter B. STANDARDS FOR AGENCY HOMES
or control
] shall be appropriate
to the child's age and developmental level.
Subchapter C. STANDARDS FOR HABILITATIVE AND THERAPEUTIC AGENCY HOMES
as defined by the Psychologists'
Certification and Licensing Act
].
(1)
]
(A)
] Only foster parents or adult
caregivers may discipline a child.
(B)
] Children must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(C)
] Children must not be denied
food, mail, or family visits as punishment.
(D)
] Children must not be threatened
with the loss of foster home placement as punishment.
(E)
] Discipline must fit the needs
of the child.
(F)
] Children must not be punished
by shaking, striking, or spanking.
(G)
] A record must be kept of the
imposition of restrictions to the agency home that exceed 24 hours.
as defined by the Psychologists'
Certification and Licensing Act
]; and
(1)
]
(A)
] Only foster parents or adult
caregivers can discipline residents.
(B)
] Residents must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(C)
] Residents must not be denied
food, mail, or family visits as punishment.
(D)
] Discipline must fit the needs
of each resident.
(E)
] Residents must not be punished
by shaking, striking, or spanking.
(F)
] A record must be kept of the
imposition of restrictions to the agency home that exceed 24 hours.
(G)
] Residents must not be threatened
with the loss of foster home placement as punishment. Potential moving to
a more restrictive setting must be presented as an opportunity for healthier
growth.
Subchapter D. STANDARDS FOR HABILITATIVE AND THERAPEUTIC FAMILY HOMES
as defined by the Psychologists'
Certification and Licensing Act
].
(1)
]
control and
] discipline of
children. The policies must be available to foster parents and adult caregivers.
The home must also provide written information to the parents or managing
conservators that identifies the person or office that parents or managing
conservators can contact if they feel their children's rights have been violated.
Copies of the discipline policy must be submitted to the department with each
application for a license and at any time a change is made in the policy.
Discipline must be consistent with the policies of the home and must not be
physically or emotionally damaging.
(A)
] Only foster parents or adult
caregivers can discipline children.
(B)
] Children must not be subjected
to cruel, harsh, unusual, or unnecessary punishment.
(C)
] A record must be kept of the
imposition of restrictions to the foster home that exceed 24 hours.
(D)
] Children must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(E)
] Children must not be denied
food, mail, or family visits as punishment.
(F)
] Children must not be threatened
with the loss of foster home placement as punishment.
(G)
] Any discipline [
or control
] must fit the needs of each child.
(H)
] Children must not be punished
by shaking, striking, or spanking.
as defined by the Psychologists'
Certification and Licensing Act
]; and
(1)
]
control and
] discipline of
children. The policies must be available to appropriate staff. The home must
also provide written information to the parents or managing conservators that
identifies the person or office that parents or managing conservators can
contact if they feel their children's rights have been violated. Copies of
the home's discipline policy must be submitted to the department with each
application for a license and resubmitted at any time a change is made in
policy. Discipline must be consistent with the policies of the home and must
not be physically or emotionally damaging.
(A)
] Only foster parents or adult
caregivers can discipline residents.
(B)
] Residents must not be subjected
to cruel, severe, unusual, or unnecessary punishment.
(C)
] A record must be kept of the
imposition of restrictions to the foster home that exceed 24 hours.
(D)
] Residents must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(E)
] Residents must not be denied
food, mail, or family visits as punishment.
(F)
] Residents must not be threatened
with the loss of foster home placement as punishment. Potential moving to
a more restrictive setting must be presented as an opportunity for healthier
growth.
(G)
] Any discipline [
or control
] must fit the needs of each resident.
(H)
] Residents must not be punished
by shaking, striking, or spanking.
Subchapter E. STANDARDS FOR FOSTER FAMILY HOMES
, control,
] or punishment
shall be administered to children that violates state laws that protect children
from abuse and neglect.
Subchapter F. STANDARDS FOR FOSTER GROUP HOMES
, control,
] or punishment
shall be administered to children that violates state laws that protect children
from abuse and neglect.
Subchapter G. STANDARDS FOR HABILITATIVE AND THERAPEUTIC GROUP HOMES RESPONSIBLE TO A CHILD-PLACING AGENCY AND FOR INDEPENDENT HABILITATIVE AND THERAPEUTIC GROUP HOMES
as defined by the Psychologists'
Certification and Licensing Act
].
(1)
]
(A)
] Only foster parents or adult
caregivers can discipline children.
(B)
] Children must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(C)
] Children must not be denied
food, mail, or family visits as punishment.
(D)
] Children must not be threatened
with the loss of foster home placement as punishment.
(E)
] Any discipline [
or control
] must fit the needs of each child.
(F)
] Children must not be punished
by shaking, striking, or spanking.
(G)
] A record must be kept of the
imposition of restrictions to the home that exceed 24 hours.
as defined by the Psychologists' Certification
and Licensing Act
]; and a social worker with a master's degree in social
work from a school accredited by the Council of Social Work Education.
(1)
]
(A)
] Only foster parents or adult
caregivers can discipline residents.
(B)
] Residents must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(C)
] Residents must not be denied
food, mail, or family visits as punishment.
(D)
] Residents must not be threatened
with the loss of foster home placement as punishment. Potential moving to
a more restrictive setting must be presented as an opportunity for healthier
growth.
(E)
] Any discipline [
or control
] must fit the needs of each resident.
(F)
] Residents must not be punished
by shaking, striking, or spanking.
(G)
] A record must be kept of the
imposition of restrictions to the home that exceed 24 hours.
as defined by the Psychologists'
Certification and Licensing Act
].
(1)
]
control and
]
discipline of children. The policies must be available to appropriate staff.
The home must also provide written information to the parents or managing
conservators that identifies the person or office that parents or managing
conservators can contact if they feel their children's rights have been violated.
Copies of the discipline policy shall be submitted to the department with
each application for a license and at any time a change is made in the policy.
Discipline must be consistent with the policies of the home and must not be
physically or emotionally damaging.
(A)
] Only foster parents or adult
caregivers can discipline children.
(B)
] Children must not be subjected
to cruel, harsh, unusual, or unnecessary punishment.
(C)
] A record must be kept of the
imposition of restrictions to the home that exceed 24 hours.
(D)
] Children must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(E)
] Children must not be denied
food, mail, or family visits as punishment.
(F)
] Children must not be threatened
with the loss of foster home placement as punishment.
(G)
] Any discipline [
or control
] must fit the needs of each child.
(H)
] Children must not be punished
by shaking, striking, or spanking.
as defined by the Psychologists' Certification
and Licensing Act
]; and a social worker with a master's degree in social
work from a school accredited by the Council of Social Work Education.
(1)
]
control and
]
discipline of children. The policies must be available to appropriate staff.
The home must also provide written information to the parents or managing
conservators that identifies the person or office that parents or managing
conservators can contact if they feel their children's rights have been violated.
Copies of the home's discipline policy must be submitted to the department
with each application for a license and resubmitted at any time a change is
made in policy. Discipline must be consistent with the policies of the home
and cannot be physically or emotionally damaging.
(A)
] Only foster parents or adult
caregivers can discipline residents.
(B)
] Residents must not be subjected
to cruel, severe, unusual, or unnecessary punishment.
(C)
] A record must be kept of the
imposition of restrictions to the home that exceed 24 hours.
(D)
] Residents must not be subjected
to verbal remarks that belittle or ridicule them or their families.
(E)
] Residents must not be denied
food, mail, or family visits as punishment.
(F)
] Residents must not be threatened
with the loss of foster home placement as punishment. Potential moving to
a more restrictive setting must be presented as an opportunity for healthier
growth.
(G)
] Any discipline [
or control
] must fit the needs of each resident.
(H)
] Residents must not be punished
by shaking, striking, or spanking.
Subchapter H. CONSOLIDATED STANDARDS FOR 24-HOUR CARE FACILITIES
§§720.520-720.537
] of this title (relating
to Program Director and Admission Staff-Residential Treatment Centers; Other
Professional Staff-Residential Treatment Centers; Staff-Child Ratio-Residential
Treatment Centers; Training-Residential Treatment Centers; Admission Policies-Residential
Treatment Centers; Admission Procedures-Residential Treatment Centers; Emergency
Admission-Residential Treatment Centers; Preliminary Treatment Plan-Residential
Treatment Centers; Treatment Plan-Residential Treatment Centers; Treatment
Plan Review-Residential Treatment Centers; Problem Management-Residential
Treatment Centers; [
Restraining Measures-Residential Treatment Centers;
Protective Devices-Residential Treatment Centers; Mechanical Restraint-Residential
Treatment Centers; Seclusion-Residential Treatment Centers;
] Child Care-Residential
Treatment Centers; Health and Safety-Residential Treatment Centers; and Environment-Residential
Treatment Centers).
and controlling
] children. Measures
for positive responses to appropriate behavior must be included. A copy of
the policies and procedures must be submitted to licensing with the initial
application and when changes are made.
certification
] as
a
licensed master
[
certified
] social worker
(LMSW)
and at least one year of experience in children's or family services;
certification
] as
a
licensed
social worker
(LSW)
and at least two years
of experience in children's or family services;
certification
] as
a
licensed master
[
certified
] social worker
(LMSW)
and at least one year of experience in children's or family services;
certification
] as
a
licensed
social worker
(LSW)
and at least two years
of experience in children's or family services;
as defined by the Psychologists'
Certification and Licensing Act
] must be available for diagnosis, treatment,
and consultation. If the psychologist is not on the institution's staff, the
institution must document that his services are available on at least a continuing
consulting basis.
as defined by the Psychologist's
Certification and Licensing Act
] must determine the need and frequency
for re-evaluation of each child's intellectual functioning. The evaluation
and recommendations must be documented in the child's record.
(a)
]
certification by the Texas Department of Human Services
(DHS)
] as a
licensed master
[
certified
] social
worker
(LMSW)
; and
certification by DHS
] as a
licensed master
[
certified
] social worker
(LMSW)
; and
certification by DHS
] as a
licensed master
[
certified
] social worker
(LMSW)
; and
,
] program[
, and behavior management
].
(a)
]
certification
] as
a
licensed master
[
certified
] social worker
(LMSW)
and at least one year of experience in children's or family services;
certification
] as
a
licensed
social worker
(LSW)
and at least two years
of experience in children's or family services;
as defined by the Psychologists'
Certification and Licensing Act
];
certification
] as
a
licensed master
[
certified
] social worker
(LSMW)
and at least one year of experience in children's or family services;
certification
] as
a
licensed
social worker
(LSW)
and at least two years
of experience in children's or family services;
(6)
] Children's or family services--Services
designed to:
(7)
] Emergency admission--An emergency
exists if:
(8)
] External drug--A drug that,
if administered orally or by injection, may harm or kill the patient.
(9)
] First aid supplies--Required
supplies include multisize adhesive bandages, gauze pads, tweezers, cotton
balls, hydrogen peroxide, syrup of ipecac, and a thermometer.
(10)
] Full-time--At least 30 hours
per week.
(11)
] Governing body--The entity
with ultimate authority and responsibility for the facility's overall operation.
All governing bodies are one of the following types:
(12)
] Hospital--Refers only to
a licensed or accredited facility.
(13)
] Legend drug--A drug that
bears the following caution on its label: "Federal law prohibits dispensing
without a prescription." A prescription from a licensed physician is required
for purchase.
(14)
] Living unit--A building or
part of a building where a group of children live.
(16)
] Mental health field--A major
field of study focusing on normal and abnormal human development and personal
and interpersonal relationship skills. A degree in a mental health field must
be from an accredited college or university and include a clinical internship
or field placement.
(17)
] Mobile nonambulatory--The
inability to walk without assistance, but ability to move from place to place
using devices such as walkers, crutches, wheel chairs, wheeled platforms,
and so on.
(18)
] Neglect--Nonaccidental failure
or threatened failure to provide a child with the physical and emotional requirements
for life, growth, and development.
(19)
] New facility--A child care
facility that is not yet in operation.
(20)
] Nonambulatory--The inability
to walk independently and without assistance; applies to both mobile nonambulatory
and nonmobile individuals.
(21)
] Nonmobile--The inability
to move from place to place.
(22)
] Nonlegend drug--A drug that
does not require a prescription from a licensed practitioner for purchase;
may also be called an over-the-counter (OTC) drug. A written prescription
for a nonlegend drug does not make the drug legend.
(23)
] Normalization principle--The
principle of helping the developmentally disabled to live as normally as possible;
making available to them patterns and conditions of everyday life that are
as close as possible to the norms and patterns of the mainstream of society;
specifically, the use of means that are as culturally normative as possible
to elicit and maintain behavior that is as culturally normative as possible.
(25)
] Physician--A person registered
and licensed under the Medical Practice Act or practicing on a United States
Military Installation.
(26)
] Professional staff--People
include:
qualified according to the
Psychologists' Certification and Licensing Act
];
certified
] by the
Texas State Social Work Board of Examiners
[
department
] as a [
certified
] social worker;
Department of Health
]. Other professional staff in fields such as nursing, special education,
vocational counseling, and so on may be included in the professional staffing
plan for residential treatment centers if their responsibilities are appropriate
to the scope of the facility's program description. These professionals must
have the minimum qualifications generally recognized in their area of specialization.
(28)
] Psychologist--Psychologist
licensed as set forth in the Texas Occupations Code, Chapter 501
[
as defined by the Psychologists' Certification and Licensing Act (Texas Civil
Statutes, Article 4512c)
].
(29)
] Sample drug--A drug given
without charge to a licensed practitioner that may be prescribed in the treatment
regimen.
(30)
] Schedule II drug--A drug
classified under the Dangerous Drugs and Controlled Substances Act of 1970
that has a high potential for abuse with severe psychic or physical dependence
possible.
(32)
] Serious incident--Any nonroutine
occurrence that has an impact on the care, supervision, and/or treatment of
a child or children. This includes, but is not limited to, suicide attempts,
injuries requiring medical treatment, runaways, commission of a crime, allegations
of abuse and/or neglect, or abusive treatment.
(33)
] Significantly below average
intellectual functioning--Performance that is two or more standard deviations
from the mean or average of the tests (usually 68 on Stanford-Binet or Cattell
and 70 on the Wechsler).
(34)
] Staff-child ratio--The ratio
applies to the total facility and includes children of staff who live in child
care units. Persons counted in the staff-child ratio must:
(35)
] Suicide attempts--Child's
attempt to take his own life using means or methods capable of causing serious
injury or means or method that the child believes capable of causing serious
injury.
(36)
] Supervise (children)--Awareness
of and responsibility for a child's ongoing activity. Supervision requires
staff to have knowledge of program and children's needs and to be accountable
for service delivery. The facility is responsible for providing the degree
of supervision indicated by a child's age, developmental level, and physical,
emotional, and social needs.
(37)
] Volunteer--A person who provides
services to a facility without monetary compensation, includes sponsoring
families. When a child in care is invited by another child in the community
to participate in family, community, church, school, or other activities,
this is not considered volunteer services, and the family is not considered
a sponsoring family.
(38)
] Volunteer, short-term services
through an organization or agency--Volunteer services provided through a church,
civic, fraternal, or other organization or agency where individuals providing
services have only occasional short-term contact with children in care. The
facility must be aware of and approve the organization or agency's policies
on volunteers who have contact with children.
(39)
] Volunteer, used as child
care staff--A volunteer who provides child care services to a group of children
without direct supervision by paid staff and/or whose presence must be counted
for the facility to meet the staff-child ratio.
Subchapter M. STANDARDS FOR EMERGENCY SHELTERS
(p)
] The emergency shelter must
not allow children in care to act as or be employed as staff.
as defined by the Psychologists'
Certification and Licensing Act
].
Subchapter S. STANDARDS FOR CHILD-CARE FACILITIES SERVING CHILDREN WITH AUTISTIC-LIKE BEHAVIOR
as defined by the Psychologists'
Certification and Licensing Act
]. The psychologist must have at least
one year of experience in working with children with pervasive developmental
disorders;
mechanical restraint, or chemical restraint,
] the facility must
obtain written consent for its use from the parents or managing conservator.
The facility must include the written consent in the child's record.
, mechanical
restraint, or chemical restraint
]; and
If aversive procedures include the use of locked time out,
children must not be placed in a locked time-out room for more than 15-minute
intervals
].
Unless prescribed for chemical restraint,
the
] facility must discontinue use of mind-altering or behavior-modifying
medications if they interfere with a child's participation in his treatment
plan.
Chapter 725.
GENERAL LICENSING PROCEDURES
§720.31(a)(2)(B)-(C), (3)-(5) and (8), and (b)(1)-(6) and (8)-(9)
]
of this title (relating to Problem Management);
, (d), and (e)(2)
] of this
title (relating to Children's Rights);
§720.133(c)(1), (d)(1)(A)-(F) and (2) and (e)(2)
] of this
title (relating to Child Care, Development, and Training Standards for Habilitative
Agency Homes);
§720.137(c)(1)(A)-(E) and (G) and (2) and (d)
] of this title (relating
to Child Care, Development, and Training Standards for Therapeutic Agency
Homes).
§720.203(c)(1), (d)(1)(A), (B), (D)-(F), (H),
(2), and (e)(2)
] of this title (relating to Child Care, Development,
and Training Standards for Habilitative Family Homes);
§720.207(c)(1)(A)-(B), (D)-(F), (H), (2)-(3), and (d)
]
of this title (relating to Child Care, Development, and Training Standards
for Therapeutic Family Homes).
, (i), and (j)
] of this title (relating to Children's Rights and Privileges);
§720.305(f)-(h)
] of this title (relating to Children's Rights and Privileges);
, and
(m)-(n)
] of this title (relating to Children's Rights and Privileges
in an Independent Foster Group Home);
§720.370(c)(1), (d)(1)(A)-(F) and (H), (d)(2), and (e)(2)
] of this title (relating to Child Care, Development, and Training Standards
for Independent Habilitative Group Homes);
§720.374(c)(1)(A)-(B), (D)-(F), (H), and (c)(2)
] of this title
(relating to Child Care, Development, and Training Standards for Independent
Therapeutic Group Homes).
(K)
(L)
(M)
] §720.426(a) of this title
(relating to Child Care);
(N)
] §720.427(a)-(d), (f),
(h), (k), (l)(1), (p), (q), and (r)(2) of this title (relating to Medical
and Dental Care);
(O)
] §720.428(a) and (e) of
this title (relating to Nutrition);
(P)
] §720.429(a) and (c)-(f)
of this title (relating to Health and Safety);
(Q)
] §720.430(b)-(d) of this
title (relating to Environment);
(R)
] §720.431 of this title
(relating to Transportation);
(S)
] §720.432(b) of this title
(relating to Food Preparation, Storage, and Equipment);
(T)
] §720.441 of this title
(relating to Staff-Child Ratio-Institutions Providing Basic Child Care);
(U)
] §720.446(a), (d), and
(e) of this title (relating to Problem Management: Institutions Providing
Basic Child Care);
(V)
(W)
] §720.449 of this title
(relating to Environment - Institutions Providing Basic Child Care);
(X)
] §720.502 of this title
(relating to Staff-Child Ratio - Institutions Serving Mentally Retarded Children);
(Y)
] §720.508 of this title
(relating to Problem Management - Institutions Serving Mentally Retarded Children);
(CC)
] §720.514 of this title
(relating to Health and Safety - Institutions Serving Mentally Retarded Children);
(DD)
] §720.515(c) of this
title (relating to Environment - Institutions Serving Mentally Retarded Children);
(EE)
] §720.522 of this title
(relating to Staff Child Ratio - Residential Treatment Centers);
(FF)
] §720.523(a) and (c)
of this title (relating to Training - Residential Treatment Centers);
(GG)
] §720.530 of this title
(relating to Problem Management - Residential Treatment Centers);
[(LL)
] §720.536 of this title
(relating to Health and Safety - Residential Treatment Centers);
(MM)
] §720.537 of this title
(relating to Environment - Residential Treatment Centers);
(NN)
] §720.541 of this title
(relating to Staff-Child Ratio - Halfway Houses);
(OO)
] §720.546 of this title
(relating to Problem Management - Halfway Houses);
(QQ)
] §720.549(b) of this
title (relating to Environment - Halfway Houses);
(RR)
] §720.551 of this title
(relating to Staff-Child Ratio - Therapeutic Camps);
(SS)
] §720.556 of this title
(relating to Problem Management - Therapeutic Camps);
(UU)
] §720.559(a)-(b) of this
title (relating to Medical and Dental Care - Therapeutic Camps);
[(VV)
] §720.560 of this title
(relating to Environment - Therapeutic Camps);
[(WW)
] §720.571(a), (f), and
(g) of this title (relating to Facilities Providing Care for Children and
Adults);
[(XX)
] §720.572 of this title
(relating to Texas Department of Health - Minimum Standards of Environmental
Health for Texas Department of Protective and Regulatory Services Licensed
Therapeutic Camps - Permanent Camps);
[(YY)
] §720.573 of this title
(relating to Texas Department of Health - Minimum Standards of Environmental
Health for Texas Department of Protective and Regulatory Services Licensed
Therapeutic Camps - Primitive or Wilderness Camps);
[(ZZ)
] §720.574 of this title
(relating to Additional Minimum Standards for Institutions Serving Mentally
Retarded Children with Primary Medical Needs).
, (m), and (n)
] of this title (relating to Children's Rights);
(16)
] Child-Care Facilities Serving
Children with Autistic-like Behavior.
§720.1505(a)-(c), (d)(1)-(2), (f), (g), (h)(1) and (3), and (i)-(l)
] of this title (relating to Behavior Therapy);
;
]
(F)
Subchapter KKK. ADOPTIVE HOME SCREENING
(9)
(10)
] expectations of, and plans
for, adoptive children;
(11)
] behavior, background, special
needs status or other characteristics of a potential adoptive child that the
family cannot accept; and
(12)
] financial status and ability
to support a child, including employment history and insurance coverage.
Chapter 732.
CONTRACTED SERVICES