Part 17.
STATE PENSION REVIEW BOARD
Chapter 604.
HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM
40 TAC §604.1
The State Pension Review Board (hereafter referred to as
the Board) adopts new §604.1, concerning Historically Underutilized Businesses
without changes to the text as published in the April 27, 2001, issue of the
The GSC rules being adopted by reference provide for a policy and a purpose
for the rules, definitions applicable to the HUB rules, annual procurement
HUB utilization goals, subcontracting requirements, agency planning responsibilities,
state agency reporting requirements, a HUB certification process, protests
from denial of HUB applications, a HUB recertification process, revocation
provisions, certification and compliance reviews, compilation of a HUB directory,
HUB graduation procedures, review and revisions of GSC's HUB program, a memorandum
of understanding between GSC and the Texas Department of Economic Development
concerning technical assistance and budgeting for the HUB program, HUB Coordinator
responsibilities, HUB forum programs for state agencies, and a mentor-protégé
program.
No comments were received regarding adoption of the rule.
The new rule is adopted under the Government Code Title 8, Subtitle
A, §801.201, which provides the agency with the authority to amend, adopt
and repeal rules deemed necessary or advisable for the conducting business
and performing its duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 25, 2001.
TRD-200103609
Lynda Baker
Administrative Assistant
State Pension Review Board
Effective date: July 15, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 463-1736
Chapter 700.
CHILD PROTECTIVE SERVICES
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts the repeal of §§700.337-700.344 and 700.346-700.348; and
adopts 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. New §§700.803,
700.821, 700.822, 700.846, 700.880, and 700.881 are adopted with changes to
the proposed text published in the April 6, 2001, issue of the
Texas Register
(26 TexReg 2647). The repeal of §§700.337-700.344
and 700.346-700.348, and new §§700.801, 700.802, 700.804, 700.805,
700.820, 700.823, 700.824, 700.840-700.845, 700.847-700.850, and 700.860-700.863
are adopted without changes to the proposed text and will not be republished.
The new sections are adopted in new Subchapter H, Adoption Assistance Program.
The justification for 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 new sections are 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 new sections are 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.
The repeals and new sections will function by being better organized and
easier to understand.
No comments were received regarding adoption of the repeals and new sections.
TDPRS, however, is adopting the following sections with non-substantive changes
to enhance clarity, consistency, and understanding of the rules. In §700.803(a),
TDPRS revised the last sentence to clarify who is eligible for the state paid
adoption assistance program. In §700.821(2)(A), TDPRS inserted the word
"order" to make it clear that a court order is required for a "removal." In §700.822(a),
TDPRS changed the word "whom" to "which" in the first sentence so that proper
English is used. In §700.846(a), TDPRS replaced the word "is" in the
first sentence with the phrase "cannot be before" to enhance clarity and consistency
within the subsection. In §700.880(b), the first sentence was reworded
to enhance clarity and to track more closely the language in the federal regulation
on hearings. In §700.881(a)(2), the sentence was reworded to enhance
clarity and understanding. Also, in the title of Division 5, TDPRS eliminated
the word "Fair" in referring to hearings, which makes the title consistent
with the rules in that division.
Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
40 TAC §§700.337 - 700.344, 700.346 - 700.348
The repeals are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2001.
TRD-200103568
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
1.
PROGRAM DESCRIPTION AND DEFINITIONS
40 TAC §§700.801 - 700.805
The new sections are adopted 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.
§700.803.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 but the income and resource
limitations are met, then we qualify the child for 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?).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103569
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §§700.820 - 700.824
The new sections are adopted 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.
§700.821.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 order removing the child 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 which 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103570
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §§700.840 - 700.850
The new sections are adopted 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.
§700.846.How is the effective date of the agreement determined?
(a)
The effective date of the agreement cannot be before 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103571
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §§700.860 - 700.863
The new sections are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103572
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §700.880, §700.881
The new sections are adopted 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 no later
than 90 days after our action that you are appealing. 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)
We or the LCPA, whichever placed the child, knew facts
relevant to the child's eligibility for adoption assistance but did not disclose
them 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 adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103573
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts the repeal of §700.516, new §700.516, and an amendment to §700.605,
without changes to the proposed text published in the April 6, 2001, issue
of the
Texas Register
(26 TexReg 2653).
The justification for the sections is to revise the rules concerning administrative
review of investigation findings (ARIF) to address recent changes in the program.
The adoption 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.
The adoption will function by ensuring that the sections are clearer and
easier to understand. This will allow persons found to have abused or neglected
children to better understand the process by which they can seek to challenge
the findings of the investigation involving them.
No comments were received regarding adoption of the sections.
40 TAC §700.516
The repeal is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2001.
TRD-200103560
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §700.516
The new section is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103561
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §700.605
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103562
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 12, 2001
Proposal publication date: April 6, 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) adopts an amendment to §701.271, without changes to the proposed
text published in the May 11, 2001, issue of the
Texas Register
(26 TexReg 3475).
The justification for 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.
The amendment will function by limiting disruption to local CIS programs
because of a reduction of state funding.
During the public comment period, TDPRS received comments from 26 CIS board
members, nine CIS executive directors, one CIS program director, two school
district superintendents, a school principal, Senator Troy Fraser, a pastor,
and a police chief in support of the rule.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2001.
TRD-200103564
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2001
Proposal publication date: May 11, 2001
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts 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 adopts the repeal of §§720.424,
720.425, 720.447, 720.509-720.511, 720.531-720.534, 720.547, 720.557, and
720.1507, in its 24-Hour Care Licensing chapter. Section 720.31 is adopted
with changes to the proposed text published in the April 6, 2001, issue of
the
Texas Register
(26 TexReg 2655). The amendments
to §§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 the repeal of §§720.424, 720.425, 720.447,
720.509-720.511, 720.531-720.534, 720.547, 720.557, and 720.1507 are adopted
without changes to the proposed text and will not be republished.
The justification for the sections 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. The sections also change obsolete definitions in the residential
child care minimum standards to bring the rules up to date.
The adopted sections will function by deleting obsolete information.
No comments were received regarding adoption of the sections. TDPRS, however,
is adopting §720.31 with a change. Instead of deleting subsection (a),
it has been added back and revised to clarify that the section refers to discipline
policies and not behavior intervention policies. The words "management of
problem behavior" have been changed to "methods used for discipline," and
the remaining subsections have been renumbered.
Subchapter A. STANDARDS FOR CHILD-PLACING AGENCIES
40 TAC §720.31
The amendment is adopted 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)
The child-placing agency must have written policies to
guide caregivers in methods used for discipline 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.
(b)
Disciplinary measures used by caregivers must:
(1)
be consistent with the agency's policies;
(2)
not be physically or emotionally damaging to the child;
and
(3)
be individualized to meet each child's needs.
(c)
Only adult caregivers may discipline a child.
(d)
Children must not be subjected to any harsh, cruel, unusual,
unnecessary, demeaning, or humiliating punishment.
(e)
Children must not be denied food, mail, or visits with
their families as punishment.
(f)
Children must not be threatened with the loss of placement.
(g)
The reasons for any punishment or restriction must be explained
to the child when the measures are imposed.
(h)
Physical punishment must not be used with any child placed
in substitute care or in an adoptive placement prior to consummation of the
adoption.
(i)
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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2001.
TRD-200103547
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §720.120
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103548
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.131, 720.133, 720.135, 720.137
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103549
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.201, 720.203, 720.205, 720.207
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103550
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §720.243
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103551
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §720.305, §720.326
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103552
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 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 adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103553
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 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 adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103554
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 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
The repeals are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103555
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §720.916, §720.923
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103556
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §§720.1503 - 720.1506
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103557
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §720.1507
The repeal is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 22, 2001.
TRD-200103558
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 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) adopts an amendment to §725.4003, with changes to the proposed
text published in the April 6, 2001, issue of the
Texas Register
(26 TexReg 2669).
The justification for 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.
The amendment will function by deleting obsolete references, and adding
correct references.
No comments were received regarding adoption of the amendment. TDPRS, however,
is adopting the section with two changes. Subsection (c)(7)(C) is adopted
with a change to correct the rule reference. Subsection (c)(12)(C) is adopted
with a change to correct the title of §720.305.
The amendment is adopted 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)
The department's decision to deny or revoke a license,
certification, registration, or listing is final and appealable to SOAH on
the date the facility or listed family home receives a letter from the department
indicating the denial or revocation. However, the facility or listed family
home may continue to operate during the appeal to SOAH unless the denial or
revocation is based on a violation that poses a risk to the health and safety
of children. The department will notify the facility or family home if it
cannot operate because of a violation that poses a risk to the health and
safety of children.
(b)
The facility or listed family home may seek injunctive
relief to allow continued operation during an appeal from a district court
in Travis County or in the county where the facility or family home is located.
(c)
Violations of the following standards pose a risk to the
health and safety of children:
(1)
Registered Family Homes.
(A)
§715.102(e) and (g) of this title (relating to Caregiver
Qualifications);
(B)
§715.103(a)-(c) of this title (relating to People
in the Home);
(C)
§715.104 of this title (relating to the Number of
Children in Care);
(D)
§715.106(a) and (d)(1), (3), and (4) of this title
(relating to Health and Safety);
(E)
§715.107(a), (b), and (d) of this title (relating
to Child Care).
(2)
Kindergartens and Nursery Schools.
(A)
§715.202(e) of this title (relating to General Administration);
(B)
§715.205(f) of this title (relating to Director Qualifications);
(C)
§715.206 of this title (relating to Director Responsibilities);
(D)
§715.207(e), (g)-(l), (n), and (o) of this title (relating
to Staff Qualifications and Responsibilities);
(E)
§715.209 of this title (relating to Staff-Child Ratio);
(F)
§715.210(c) of this title (relating to Space);
(G)
§715.215 of this title (relating to Fire);
(H)
§715.216 of this title (relating to Sanitation);
(I)
§715.217 of this title (relating to Safety);
(J)
§715.219 of this title (relating to Illness or Injury);
(K)
§715.220 of this title (relating to Medications);
(L)
§715.223(b) and (e) of this title (relating to Food
Service);
(M)
§715.224(a) and (b)(2) and (5)-(7) of this title (relating
to Operation);
(N)
§715.225 of this title (relating to Discipline and
Guidance);
(O)
§715.226 of this title (relating to Children with
Need for Special Care);
(P)
§715.227 of this title (relating to Water Activities);
(Q)
§715.228 of this title (relating to Transportation).
(3)
Schools: Grades Kindergarten and Above.
(A)
§715.302(e) of this title (relating to General Administration);
(B)
§715.305(c) of this title (relating to Director Qualifications);
(C)
§715.306 of this title (relating to Director Responsibilities);
(D)
§715.307(d), (f)-(k), (m), and (o) of this title (relating
to Staff Qualifications and Responsibilities);
(E)
§715.309 of this title (relating to Staff-Child Ratio);
(F)
§715.310(c) of this title (relating to Space);
(G)
§715.315 of this title (relating to Fire);
(H)
§715.316 of this title (relating to Sanitation);
(I)
§715.317 of this title (relating to Safety);
(J)
§715.319 of this title (relating to Illness or Injury);
(K)
§715.320 of this title (relating to Medications);
(L)
§715.323(b) and (e) of this title (relating to Food
Service);
(M)
§715.324(a) and (b)(2) and (5)-(7) of this title (relating
to Operation);
(N)
§715.325 of this title (relating to Discipline and
Guidance);
(O)
§715.326 of this title (relating to Children with
Need for Special Care);
(P)
§715.327 of this title (relating to Water Activities);
(Q)
§715.328 of this title (relating to Transportation).
(4)
Day Care Centers.
(A)
§715.406(c) and (d) of this title (relating to Parental
Communication);
(B)
§715.407 of this title (relating to Personnel Restrictions
for Criminal History and Central Registry Background);
(C)
§715.408(b)(2)(A) of this title (relating to Director
Qualifications and Responsibilities);
(D)
§715.409(c)(1)(A)-(D) and (c)(3)-(5) of this title
(relating to Staff Qualifications and Responsibilities);
(E)
§715.415 of this title (relating to Discipline and
Guidance);
(F)
§715.417 of this title (relating to Child/Staff Ratios
and Groupings);
(G)
§715.418 of this title (relating to Night Care);
(H)
§715.419 of this title (relating to Additional Requirements
for Children under 18 Months Old);
(I)
§715.420(a), (b), (d), and (g) of this title (relating
to Field Trips);
(J)
§715.421 of this title (relating to Water Activities);
(K)
§715.422 of this title (relating to Transporting Children);
(L)
§715.423 of this title (relating to Safety);
(M)
§715.424 of this title (relating to Sanitation);
(N)
§715.425 of this title (relating to Fire, Fire Safety,
and Emergency Precautions);
(O)
§715.426(a), (e), and (f) of this title (relating
to Illness and Injury);
(P)
§715.427 of this title (relating to Medications).
(5)
Group Day Care Homes.
(A)
§715.605(b) of this title (relating to Director Qualifications);
(B)
§715.606 of this title (relating to Director Responsibilities);
(C)
§715.607(c) and (f)-(m) of this title (relating to
Staff Qualifications and Responsibilities);
(D)
§715.609 of this title (relating to Staff-Child Ratio);
(E)
§715.614 of this title (relating to Fire);
(F)
§715.615 of this title (relating to Sanitation);
(G)
§715.616 of this title (relating to Safety);
(H)
§715.618 of this title (relating to Illness or Injury);
(I)
§715.622(a) and (b) of this title (relating to Food
Service);
(J)
§715.624(a) and (b)(2) and (5)-(7) of this title (relating
to Operation);
(K)
§715.625 of this title (relating to Discipline and
Guidance);
(L)
§715.626 of this title (relating to Infant and Toddler
Care);
(M)
§715.627 of this title (relating to Children with
Need for Special Care);
(N)
§715.628 of this title (relating to Night Care);
(O)
§715.629 of this title (relating to Water Activities);
(P)
§715.630 of this title (relating to Transportation).
(6)
Drop-In Care Centers.
(A)
§715.702(d) and (e) of this title (relating to General
Administration);
(B)
§715.705(f) of this title (relating to Director Qualifications);
(C)
§715.706 of this title (relating to Director Responsibilities);
(D)
§715.707(c), (e)-(j), (l), and (m) of this title (relating
to Staff Qualifications and Responsibilities);
(E)
§715.709 of this title (relating to Staff-Child Ratio);
(F)
§715.710(c) of this title (relating to Space);
(G)
§715.715 of this title (relating to Fire);
(H)
§715.716 of this title (relating to Sanitation);
(I)
§715.717 of this title (relating to Safety);
(J)
§715.719 of this title (relating to Illness or Injury);
(K)
§715.720 of this title (relating to Medications);
(L)
§715.723(a), (b), and (e) of this title (relating
to Food Service and Nutrition);
(M)
§715.724(a) and (c)(2) and (5)-(7) of this title (relating
to Operation);
(N)
§715.725 of this title (relating to Discipline and
Guidance);
(O)
§715.726(a) of this title (relating to Infant Care);
(P)
§715.727 of this title (relating to Children with
Need for Special Care);
(Q)
§715.728 of this title (relating to Night Care);
(R)
§715.729 of this title (relating to Transportation).
(7)
Child-Placing Agencies.
(A)
§720.29(a)(1)-(3) of this title (relating to Children's
Rights);
(B)
§720.30(a)(1) and (3)-(7) and (b)(3)-(5) of this title
(relating to Medical and Dental Care);
(C)
§720.31(b)(2)-(3), (c)-(f), and (h) of this title
(relating to Problem Management);
(D)
§720.32(2) and (4) of this title (relating to Serious
Incident Reports);
(E)
§720.33(5) of this title (relating to Client Records);
(F)
§720.35(1)-(6) of this title (relating to General
Personnel Requirements);
(G)
§720.38(b) of this title (relating to Foster Parent
and Agency Home Child-Care Staff);
(H)
§720.39(b)(3) and (c)(3)(A) of this title (relating
to Training Requirements);
(I)
§720.41(c)(1), (d), (e), and (g) of this title (relating
to Substitute Care Intake);
(J)
§720.42(b)-(d) of this title (relating to Substitute
Care Placement);
(K)
§720.43(e) of this title (relating to Initial Service
Plan);
(L)
§720.45(b)(4) of this title (relating to Subsequent
Placement);
(M)
§720.47(b)(4)-(5), (c), and (d)(2)-(3) of this title
(relating to Foster Care Study);
(N)
§720.48(a)-(d) of this title (relating to Foster Home
Verification);
(O)
§720.49(a), (b), and (d) of this title (relating to
Foster Home Management);
(P)
§720.52(b), (c), and (d) of this title (relating to
Birth Parent Preparation);
(Q)
§720.53(b) of this title (relating to Adoptive Child
Preparation);
(R)
§720.55(b)(1) and (4) and (c)(2), (4), and (5) of
this title (relating to Required Information);
(S)
§720.56(d) of this title (relating to Pre-Placement
Requirements);
(T)
§720.57(c)-(e) and (g) of this title (relating to
Adoptive Placement Requirements);
(U)
§720.58(a)(2), (b), and (e) of this title (relating
to Pre-Adoption Consummation Activities);
(V)
§720.66 of this title (relating to Serious Incident
Reporting Requirements);
(W)
§720.67(1), (2), (5)(A)-(C), (H), and (I) of this
title (relating to Requirements: Health, Social, Educational, and Genetic
History Report).
(8)
Agency Homes.
(A)
§720.117(a), (c), (e), and (f) of this title (relating
to Foster Family Qualifications);
(B)
§720.118(a) and (c) of this title (relating to Admission);
(C)
§720.120(c) of this title (relating to Children's
Rights);
(D)
§720.121 of this title (relating to Nutrition);
(E)
§720.122(a)-(b) of this title (relating to Environment);
(F)
§720.123(1) and (3) of this title (relating to Medical);
(G)
§720.125(a)-(b) of this title (relating to Emergency
Reports);
(H)
§720.126(a)-(b) of this title (relating to Other Requirements).
(9)
Habilitative and Therapeutic Agency Homes.
(A)
§720.131(a) of this title (relating to Personnel Staffing
Standards for Habilitative Agency Homes);
(B)
§720.133(c)(1), (d)(1)-(6), and (e)(2) of this title
(relating to Child Care, Development, and Training Standards for Habilitative
Agency Homes);
(C)
§720.134(a) of this title (relating to Buildings,
Grounds, and Equipment Standards for Habilitative Agency Homes);
(D)
§720.135(a) of this title (relating to Personnel Standards
for Therapeutic Agency Homes);
(E)
§720.137(c)(1)-(5) and (7), and (d) of this title
(relating to Child Care, Development, and Training Standards for Therapeutic
Agency Homes).
(10)
Habilitative and Therapeutic Family Homes.
(A)
§720.201(a) of this title (relating to Personnel -
Staffing for Habilitative Family Homes);
(B)
§720.203(c)(1), (d)(1)-(2), (4)-(6), and (8), and
(e)(2) of this title (relating to Child Care, Development, and Training Standards
for Habilitative Family Homes);
(C)
§720.204 of this title (relating to Buildings, Grounds,
and Equipment Standards for Habilitative Family Homes);
(D)
§720.205(a) of this title (relating to Personnel Standards
for Therapeutic Family Homes);
(E)
§720.207(c)(1)-(2), (4)-(6), and (8), and (d) of this
title (relating to Child Care, Development, and Training Standards for Therapeutic
Family Homes).
(11)
Foster Family Homes.
(A)
§720.231(a), (c), (d) of this title (relating to Qualifications);
(B)
§720.233(a), (c), and (d) of this title (relating
to Reports and Records);
(C)
§720.234(d) and (e) of this title (relating to Other
Requirements);
(D)
§720.235(e) of this title (relating to Admission Policies);
(E)
§720.243(h)(1), (2), (4), (5), and (8)-(10) of this
title (relating to Children's Rights and Privileges);
(F)
§720.244(b)(1) and (3), and (c)-(e) of this title
(relating to Medical and Dental Care);
(G)
§720.245 of this title (relating to Nutrition);
(H)
§720.246 of this title (relating to Health and Safety);
(I)
§720.247(a) of this title (relating to Environment).
(12)
Foster Group Homes.
(A)
§720.302(a), (c), and (e)-(g) of this title (relating
to Requirements for Home Responsible to Child-Placing Agency);
(B)
§720.303(a), (c)(3), (d)-(f), and (h) of this title
(relating to Staffing and Training);
(C)
§720.305 (f)-(g) of this title (relating to Children's
Rights and Privileges in Homes Responsible to a Child-Placing Agency);
(D)
§720.306(a)(1), (3), and (6) of this title (relating
to Medical and Dental Care);
(E)
§720.307(2)-(3) of this title (relating to Nutrition);
(F)
§720.308(a), (c), and (d) of this title (relating
to Health and Safety);
(G)
§720.309(a) of this title (relating to Environment);
(H)
§720.310 of this title (relating to Food Preparation,
Storage, and Equipment);
(I)
§720.311(a)-(b) of this title (relating to Reports
and Records);
(J)
§720.312(a) of this title (relating to Other Requirements);
(K)
§720.316(a) and (c)-(f) of this title (relating to
Personnel Requirements for Independent Foster Group Homes);
(L)
§720.317(a), (c), and (d) of this title (relating
to Staffing of Independent Foster Group Homes);
(M)
§720.318(c) of this title (relating to Training of
Staff in Independent Foster Group Homes);
(N)
§720.319(a), (b), (f), and (g) of this title (relating
to Admission Policies of Independent Foster Group Homes);
(O)
§720.326(l)(1)-(2), (4)-(5) and (7)-(9) of this title
(relating to Children's Rights and Privileges in an Independent Foster Group
Home);
(P)
§720.327(d), (e), and (f)(1), (3), and (6) of this
title (relating to Medical and Dental Care in the Independent Foster Group
Home);
(Q)
§720.328(3) of this title (relating to Nutrition);
(R)
§720.330(a), (c), and (d) of this title (relating
to Health and Safety in the Independent Foster Group Home);
(S)
§720.331(a) of this title (relating to Environment
of the Independent Foster Group Home);
(T)
§720.332 of this title (relating to Food Preparation,
Storage, and Equipment in the Independent Foster Group Home);
(U)
§720.335(a), (c), (d), (g), and (h) of this title
(relating to Emergency Reports and Records in the Independent Foster Group
Home).
(13)
Habilitative and Therapeutic Group Homes Responsible to
a Child-Placing Agency and for Independent Habilitative and Therapeutic Group
Homes.
(A)
§720.368(a) of this title (relating to Personnel Staffing
Standards for Independent Habilitative Group Homes);
(B)
§720.370(c)(1), (d)(1)-(6), and (8), and (e)(2) of
this title (relating to Child Care, Development, and Training Standards for
Independent Habilitative Group Homes);
(C)
§720.371 of this title (relating to Buildings, Grounds,
and Equipment Standards for Independent Habilitative Group Homes);
(D)
§720.372(a) of this title (relating to Personnel Standards
for Independent Therapeutic Group Homes);
(E)
§720.374(c)(1)-(2), (4)-(6), and (8) of this title
(relating to Child Care, Development, and Training Standards for Independent
Therapeutic Group Homes).
(14)
24-Hour Care Facilities.
(A)
§720.402(c) of this title (relating to Governing Body);
(B)
§720.403(a) of this title (relating to General Administration);
(C)
§720.406(b), (d), and (e) of this title (relating
to Administrative Reports and Records);
(D)
§720.408(c), (d), and (f) of this title (relating
to Personnel Policies and Practices);
(E)
§720.410(d) and (e) of this title (relating to Volunteers);
(F)
§720.411(a)(1) and (b) of this title (relating to
General Staffing);
(G)
§720.414(a)-(c) of this title (relating to Staff-Child
Ratio);
(H)
§720.415(a)(2), (b), and (c) of this title (relating
to Training and Orientation);
(I)
§720.417(d) and (e) of this title (relating to Admission
Procedures);
(J)
§720.423(b)-(f) of this title (relating to Problem
Management);
(K)
§720.426(a) of this title (relating to Child Care);
(L)
§720.427(a)-(d), (f), (h), (k), (l)(1), (p), (q),
and (r)(2) of this title (relating to Medical and Dental Care);
(M)
§720.428(a) and (e) of this title (relating to Nutrition);
(N)
§720.429(a) and (c)-(f) of this title (relating to
Health and Safety);
(O)
§720.430(b)-(d) of this title (relating to Environment);
(P)
§720.431 of this title (relating to Transportation);
(Q)
§720.432(b) of this title (relating to Food Preparation,
Storage, and Equipment);
(R)
§720.441 of this title (relating to Staff-Child Ratio-Institutions
Providing Basic Child Care);
(S)
§720.446(a), (d), and (e) of this title (relating
to Problem Management: Institutions Providing Basic Child Care);
(T)
§720.449 of this title (relating to Environment -
Institutions Providing Basic Child Care);
(U)
§720.502 of this title (relating to Staff-Child Ratio
- Institutions Serving Mentally Retarded Children);
(V)
§720.508 of this title (relating to Problem Management
- Institutions Serving Mentally Retarded Children);
(W)
§720.514 of this title (relating to Health and Safety
- Institutions Serving Mentally Retarded Children);
(X)
§720.515(c) of this title (relating to Environment
- Institutions Serving Mentally Retarded Children);
(Y)
§720.522 of this title (relating to Staff Child Ratio
- Residential Treatment Centers);
(Z)
§720.523(a) and (c) of this title (relating to Training
- Residential Treatment Centers);
(AA)
§720.530 of this title (relating to Problem Management
- Residential Treatment Centers);
(BB)
§720.536 of this title (relating to Health and Safety
- Residential Treatment Centers);
(CC)
§720.537 of this title (relating to Environment -
Residential Treatment Centers);
(DD)
§720.541 of this title (relating to Staff-Child Ratio
- Halfway Houses);
(EE)
§720.546 of this title (relating to Problem Management
- Halfway Houses);
(FF)
§720.549(b) of this title (relating to Environment
- Halfway Houses);
(GG)
§720.551 of this title (relating to Staff-Child
Ratio - Therapeutic Camps);
(HH)
§720.556 of this title (relating to Problem Management
- Therapeutic Camps);
(II)
§720.559(a)-(b) of this title (relating to Medical
and Dental Care -Therapeutic Camps);
(JJ)
§720.560 of this title (relating to Environment -
Therapeutic Camps);
(KK)
§720.571(a), (f), and (g) of this title (relating
to Facilities Providing Care for Children and Adults);
(LL)
§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);
(MM)
§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);
(NN)
§720.574 of this title (relating to Additional Minimum
Standards for Institutions Serving Mentally Retarded Children with Primary
Medical Needs).
(15)
Emergency Shelters.
(A)
§720.902(d) and (e) of this title (relating to Governing
Body Responsibilities);
(B)
§720.905(a), (c), (e), (f), (i), and (j) of this title
(relating to Reports and Records);
(C)
§720.907(a), (e), and (f) of this title (relating
to Administrator Qualifications and Responsibilities);
(D)
§720.908(b) and (c) of this title (relating to Staffing);
(E)
§720.909(a), (b), and (c) of this title (relating
to Qualifications and Responsibilities);
(F)
§720.910(c)(3) of this title (relating to Training);
(G)
§720.912(a)-(c) and (i)-(k) of this title (relating
to Admission Policies);
(H)
§720.914(b)(2) of this title (relating to Children's
Records);
(I)
§720.915(c) and (d) of this title (relating to Daily
Care);
(J)
§720.916(l)(1)-(3) and (5)-(9) of this title (relating
to Children's Rights);
(K)
§720.917(b)-(g) of this title (relating to Medical
and Dental Care);
(L)
§720.918(4) of this title (relating to Nutrition);
(M)
§720.920(a), (c), and (d) of this title (relating
to Health and Safety);
(N)
§720.921(a), (c), and (g) of this title (relating
to Environment);
(O)
§720.922 of this title (relating to Food Preparation,
Storage, and Equipment).
(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)
Child-Care Facilities Serving Children with Autistic-like
Behavior.
(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) of this
title (relating to Behavior Therapy);
(E)
§720.1506 of this title (relating to Medical Therapy).
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2001.
TRD-200103546
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
40 TAC §725.6070
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts an amendment to §725.6070, without changes to the proposed
text published in the April 6, 2001, issue of the
Texas Register
(26 TexReg 2671).
The justification for 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.
The amendment will function by ensuring the rule complies with federal
laws.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2001.
TRD-200103559
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 1, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 438-3437
Subchapter A. GENERAL PROCEDURES
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Subchapter H. ADOPTION ASSISTANCE PROGRAM
2.
TITLE IV-E ELIGIBILITY REQUIREMENTS
3.
APPLICATION PROCESS, AGREEMENTS, AND BENEFITS
4.
CHANGES IN CIRCUMSTANCES
5.
APPEALS AND HEARINGS
Subchapter E. INTAKE, INVESTIGATION, AND ASSESSMENT
Subchapter F. RELEASE HEARINGS
Chapter 701.
COMMUNITY INITIATIVES
Chapter 720.
24-HOUR CARE LICENSING
Subchapter B. STANDARDS FOR AGENCY HOMES
Subchapter C. STANDARDS FOR HABILITATIVE AND THERAPEUTIC AGENCY HOMES
Subchapter D. STANDARDS FOR HABILITATIVE AND THERAPEUTIC FAMILY HOMES
Subchapter E. STANDARDS FOR FOSTER FAMILY HOMES
Subchapter F. STANDARDS FOR FOSTER GROUP HOMES
Subchapter G. STANDARDS FOR HABILITATIVE AND THERAPEUTIC GROUP HOMES RESPONSIBLE TO A CHILD-PLACING AGENCY AND FOR INDEPENDENT HABILITATIVE AND THERAPEUTIC GROUP HOMES
Subchapter H. CONSOLIDATED STANDARDS FOR 24-HOUR CARE FACILITIES
Subchapter M. STANDARDS FOR EMERGENCY SHELTERS
Subchapter S. STANDARDS FOR CHILD-CARE FACILITIES SERVING CHILDREN WITH AUTISTIC-LIKE BEHAVIOR
Chapter 725.
GENERAL LICENSING PROCEDURES
Subchapter KKK. ADOPTIVE HOME SCREENING
Chapter 732.
CONTRACTED SERVICES