TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 54. FAMILY VIOLENCE PROGRAM

DHS proposes new §54.3001, concerning physical plant, §54.3002, concerning safety and security, and §54.3003, concerning health and hygiene for children's services, in new Subchapter T, Nonresidential Center Facility Safety, in its Family Violence Program chapter. DHS also proposes new §54.4001, concerning services provided, §54.4002, concerning client eligibility state and federal laws, §54.4003, concerning client eligibility and minors, §54.4004, concerning client eligibility policies and procedures, §54.4005, concerning confidentiality policy and procedures, §54.4006, concerning confidentiality agreement, §54.4007, concerning confidentiality policies and procedures training, §54.4008, concerning content of case files, §54.4009, concerning verification of Texas Department of Human Services (DHS) client services, §54.4010, concerning access to case files, §54.4011, concerning release of information, §54.4012, concerning court orders, §54.4013, concerning report of abuse, §54.4014, concerning retention and destruction of records, §54.4015, concerning basic elements of nonresidential centers, §54.4016, concerning client rights, §54.4017, concerning cooperation with criminal justice officials, §54.4018, concerning community education, and §54.4019, concerning volunteer recruitment and training program, in new Subchapter U, Nonresidential Center Program Administration Standards in its Family Violence Program chapter.

DHS proposes new §54.5001, concerning crisis call hotline procedures, §54.5002, concerning emergency transportation, §54.5003, concerning initial delivery of direct services, §54.5004, concerning voluntary and involuntary termination of services, §54.5005, concerning emergency medical care, §54.5006, concerning non-emergency medical care, §54.5007, concerning legal assistance in the civil and criminal justice systems, §54.5008, concerning intervention services, §54.5009, concerning referral system to existing community services, and §54.5010, concerning information about training for and seeking employment, in new Subchapter V, Nonresidential Center Service Delivery in its Family Violence Program chapter.

The purpose of the amendment and new sections is to use state appropriations to fund comprehensive nonresidential family violence centers, as authorized by the 77th Legislature. Proposed rules address board, fiscal, contract, personnel, facility, administration, and service standards for these centers.

James R. Hine, Commissioner, has determined that for the first five-year period the sections are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Hine 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 adoption of the proposed rule will be to establish standards for holding contractors accountable for the services they provide and the public funds they receive. There will be no adverse economic effect on small or micro businesses, because only nonprofit and public organizations will be required to comply with the rules. The effect on nonprofits will be minimal. The rules allow for most requirements to be met by either staff or volunteers. There is no anticipated economic cost to persons who are required to comply with the proposed section. There is no anticipated effect on local employment in geographic areas affected by these sections.

Questions about the content of this proposal may be directed to Terri St. Arnauld at (512) 438-3397 in DHS's Family Violence Program. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-008, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

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

Subchapter A. DEFINITIONS

40 TAC §54.101

The amendment is proposed under the Human Resources Code, Title 2, Chapter 51, which promotes development of and access to locally based and supported nonprofit shelters and services for victims of family violence throughout the state.

The amendment implements the Human Resources Code, §§51.001- 51.011.

§54.101.Definitions.

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

(1) - (3) (No change.)

[(4) Counseling services--Face-to-face intervention services for a resident or nonresident child/adult that provide safety planning, understanding and support, advocacy, case management, information and education, and resource assistance to victims of family violence.]

(4) [ ~~(5)~~ ] Criminal justice system-- A [ a ] network of court and legal processes that deal with penal law and its enforcement; an offense against the state.

(5) [ ~~(6)~~ ] Crisis call hotline--A telephone number that is answered by trained family violence [ ~~shelter~~ ] center volunteer(s), staff, or Texas Department of Human Services-approved services contractors who provide immediate intervention through safety planning (assess for danger); understanding and support; and information, education, and referrals to victims of family violence 24 [ ~~twenty-four~~ ] hours a day, every day of the year.

(6) [ ~~(7)~~ ] Education arrangements for children--Services that result in a resident or nonresident child being in compliance with the compulsory attendance requirements found in the education code. Examples include providing clothing or supplies for school and conferring with schoolteachers [ ~~school teachers~~ ] or administrators. It does not include transportation.

(7) [ ~~(8)~~ ] Emergency medical care--Face-to-face assistance in responding to any urgent medical situation for the adult/child residents or nonresidents who access [ ~~accessing~~ ] shelter center services.

(8) [ ~~(9)~~ ] Emergency transportation--Arranging transportation

(A) to and from emergency medical facilities for shelter residents and nonresidents, and/or

(B) from a safe place to the shelter for persons being considered for acceptance as residents of the shelter and who are located within the shelter's service area.

(9) Family violence--An act by a member of a family or household against another member of the family or household that is intended to

(A) result in physical harm, bodily injury, or assault, or is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, or assault, but does not include defensive measures to protect oneself; or

(B) inflict emotional harm, including an act of emotional abuse.

(10) Family violence center--Includes a family violence shelter center and a family violence nonresidential center.

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

(11) Family violence nonresidential center--A program that

(A) is operated by a public or private nonprofit organization, and

(B) provides comprehensive nonresidential services to victims of family violence.

(12) Family violence shelter center--A program that

(A) is operated by a public or private nonprofit organization, and

(B) provides comprehensive residential and nonresidential services to victims of family violence.

(13) Family violence special project--A project that

(A) is operated by a public or private nonprofit organization, and

(B) provides at least one specialized family violence service.

(14) Intervention services--Face-to-face services for a resident or nonresident child/adult that provide safety planning, understanding and support, advocacy, case management, information and education, and resource assistance to victims of family violence.

(15) [ ~~(11)~~ ] Legal assistance-- Services provided [ ~~Providing services~~ ] directly to the client that include assisting adult/child residents or nonresidents in safety planning, identifying individual legal needs, rights, [ ~~needs; legal rights~~ ] and options; and [ ~~providing~~ ] support and accompaniment in their pursuit of those options.

(16) [ ~~(12)~~ ] Referral system to existing community services--Providing information and referring adult/child residents or nonresidents to existing community resources, including but not limited to medical care, legal assistance, Department of Protective and Regulatory Services (TDPRS) , resource assistance, public assistance, counseling and treatment services, children's services, and other appropriate family violence services.

(17) [ ~~(13)~~ ] Training and employment information--Providing information and referrals to adult/child residents or nonresidents about employment training and employment opportunities, either directly or through formal arrangements with other agencies.

(18) [ ~~(14)~~ ] Twenty-four-hour-a-day shelter--A shelter that provides access, admittance, and temporary emergency shelter residence for victims of family violence 24 [ ~~twenty-four~~ ] hours a day, every day of the year in a facility exclusively serving victims of family violence; a series of safe homes; or a designated section of another kind of emergency shelter. Motels may be used for overflow or in outlying counties but must not be used exclusively in place of one of the three types of shelters.

(19) Victim of family violence--An adult member of a family or household who is subjected to an act of family violence; or a member of the household of the adult other than the member of the household who commits the act of family violence, including an act of emotional abuse.

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

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

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on December 31, 2001.

TRD-200108304

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734

Subchapter P. NONRESIDENTIAL CENTER BOARD OF DIRECTORS

40 TAC §§54.1701 - 54.1707

The new sections are proposed under the Human Resources Code, Title 2, Chapter 51, which promotes development of and access to locally based and supported nonprofit shelters and services for victims of family violence throughout the state.

The new sections implement the Human Resources Code, §§51.001- 51.011.

§54.1701.Nonresidential Center Financial Responsibility.

(a) The stewardship function of the board of directors of nonresidential centers is to ensure fiscal accountability of all funds received and spent by the nonresidential center.

(b) The board of directors of the nonresidential center as a whole, or the center's finance committee, must regularly review actual revenue and expenditures and compare them with budgeted revenue and estimated cost.

§54.1702.Nonresidential Center Functional Responsibilities.

The board of directors of nonresidential centers must:

(1) assure that a nonresidential center is operating in a manner that keeps the organization's mission and purpose focused, without becoming involved in day-to-day operations;

(2) employ the executive director and conduct, at a minimum, an annual performance review of the executive director;

(3) review and approve programs and budgets as specified in §54.1902 of this title (relating to Nonresidential Center Budget);

(4) set or review and approve board policies for the organization's operation; and

(5) assure that the nonresidential center has the following documents on file for a minimum of three years and 90 days after the term of the contract or until all litigation, claims, or audit findings are resolved, whichever is longer:

(A) articles of incorporation and letter granting 501(c)(3) status;

(B) mission statement;

(D) insurance policies;

(E) bylaws containing the following:

(i) statement of agency purpose;

(ii) board size, terms of office, term limits, rotation policy, and elections;

(iii) regular and special meetings, meeting notices, attendance requirements, removal for cause, and filling interim vacancies;

(iv) officer's terms of office, responsibilities, and election;

(v) committees, their charges, size, and composition (for standing committees only);

(vi) quorums for board meetings; and

(vii) bylaws amendment process;

(F) current list of board members with mailing addresses and telephone numbers;

(G) current organizational chart;

(H) program list and a brief description of each program;

(I) agency policies that include, but are not limited to, confidentiality, personnel, financial, and travel;

(J) current operating budget and amendments and copies of budget summaries and audits for all past years;

(K) list of donors;

(L) minutes of board meetings; and

(M) any other documents required by the Texas Department of Human Services as listed in Subchapter C and Subchapter D of this chapter (relating to Contract Standards and Fiscal Management).

§54.1703.Nonresidential Center Board Composition.

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

§54.1704.Nonresidential Center Board Orientation.

New board members must:

(1) be provided a board handbook that will include, at a minimum:

(A) board member job description;

(B) current list of board members with mailing addresses and telephone numbers;

(D) agency bylaws and a copy of the letter granting 501(c)(3) status;

(E) committee list with assignments of all board members and staff;

(F) committee descriptions;

(G) agency policies;

(H) organizational chart;

(I) agency history;

(J) program services list;

(K) current budget, including funding sources and subcontractors;

(L) brief description of contract provisions with attorneys, auditors, or other professionals;

(M) basic information about family violence;

(N) brief history of the Texas battered women's movement; and

(O) brief summary of Texas laws that address family violence issues; and

(2) have access to a copy of the Texas Non-Profit Corporation Act; and

(3) have access to a copy of the Texas Department of Human Services Family Violence Program Nonresidential Center Provider Manual.

§54.1705.Nonresidential Center Board Inservice Training.

Along with the executive director, the boards of nonresidential centers must plan and conduct annual training(s) for all board members that includes, at a minimum, the following:

(1) an explanation of the nonresidential center's mission, philosophy, and a brief history;

(2) an explanation of the dynamics of family violence that includes its causes and effects;

(3) a description of the agency's current programs, provided by program staff;

(4) a review of the agency policies and clarification of any changes made during the year;

(5) an explanation of how the nonresidential center is funded and future funding projections;

(6) a discussion of the roles and responsibilities of the board, including legal and fiscal responsibilities, meetings, attendance requirements, committee duties, structure, and assignments, and fund raising and public relations responsibilities presented by the board chair or a member of the executive committee;

(7) an explanation of the agency's insurance coverage, including director's and officers' liability insurance or a notification of inability to obtain insurance;

(8) an explanation of the working relationship between the board and staff, including but not limited to, which staff member is contacted regarding questions or requests and which staff members will contact board members routinely; and

(9) updates on any changes made in the Texas Non-Profit Corporation Act.

§54.1706.Nonresidential Center Confidentiality.

Board members must:

(1) be provided a copy of the nonresidential center's confidentiality policy as specified in §54.1704 of this title (relating to Nonresidential Center Board Orientation); and

(2) not use their position on the board of directors to obtain or access confidential client information.

§54.1707.Nonresidential Center Record Retention.

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

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on December 31, 2001.

TRD-200108305

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734

Subchapter Q. NONRESIDENTIAL CENTER CONTRACT AND FISCAL STANDARDS

40 TAC §§54.1801 - 54.1812

The new sections implement the Human Resources Code, §§51.001- 51.011.

§54.1801.Nonresidential Center Eligibility to Contract.

(a) To be eligible to apply for a contract, a program that is operated by a public or private nonprofit organization must

(1) provide, as its primary purpose, direct delivery of services to adult victims of family violence;

(2) demonstrate a system of referring victims of family violence to at least one family violence shelter center or other safe temporary lodging;

(3) have operated and provided comprehensive services, including the services described by Human Resource Code, Title 2, §51.005(b) to victims of family violence for at least one year before the date on which the contract is awarded;

(4) demonstrate that the center, through the services it provides, addresses a need in the community consistent with the plan for family violence services under Human Resource Code, Title 2, §51.0021;

(5) demonstrate the nonresidential center's eligibility for and use of funds from the federal government, philanthropic organizations, and voluntary sources;

(6) demonstrate community support for the nonresidential center as evidenced by financial contributions from civic organizations, local governments, and individuals;

(7) provide evidence that the nonresidential center provides services that encourage self sufficiency and effectively uses community resources;

(8) provide evidence of involvement with local law enforcement officials;

(9) demonstrate support for the nonresidential center through volunteer work, especially volunteer effort by persons who have been victims of family violence; and

(10) submit a contract application on forms prescribed by the Texas Department of Human Services (DHS).

(b) The nonresidential center must maintain and provide to DHS, as requested, the following documentation:

(1) articles of incorporation;

(2) bylaws;

(3) tax exemption certification;

(4) board minutes;

(5) fiscal audits and financial statements;

(6) informational materials;

(7) case records; and

(8) other relevant material.

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

(d) If the purpose of the nonresidential center is to provide comprehensive services to a particular unserved or underserved population, the nonresidential center must have a plan for providing services to otherwise eligible victims who are not members of the targeted population. This plan may include referrals; however, if an appropriate referral cannot be made, the nonresidential center will provide the requested services.

(e) If the purpose of the nonresidential center is to provide comprehensive services to a particular unserved or underserved population, the nonresidential center may not contract with DHS as a special nonresidential project for the same services.

(f) If a contract is terminated because of the contractor's failure to perform obligations under the contract, the contractor may not reapply for family violence funding for two years following the termination date of the previous contract.

§54.1802.Nonresidential Center Contract Procurement.

(a) The Texas Department of Human Services (DHS) follows the requirements specified in Chapter 69 of this title (relating to Contracted Services) when it procures contracts for family violence nonresidential services.

(b) DHS must use a noncompetitive procurement procedure if the department determines:

(1) only one family violence center offers comprehensive nonresidential services available for solicitation in the service area; or

(2) no family violence centers serve identical service areas as defined by DHS state office, unless DHS state office determines that high demand for nonresidential services in a particular area requires operation of more than one family violence center.

(c) DHS must issue a formal request for proposals to solicit prospective contractors for comprehensive nonresidential services in a service area where DHS has determined competition exists.

§54.1803.Nonresidential Center Level of Funding Scale.

(a) The Texas Department of Human Services' (DHS's) funding for a nonresidential center must not exceed the following prescribed percentages of the nonresidential center's annual operating costs:

(1) first year of contract 75%;

(2) second year of contract 74%;

(3) third year of contract 72%;

(4) fourth year of contract 69%;

(5) fifth year of contract 65%;

(6) sixth year of contract 60%; and

(7) subsequent years of contract 50%.

(b) If the first contract with a nonresidential center is not for a full 12-month period, DHS's level of participation must not exceed 75% for the combined partial year and the following 12-month contract period.

§54.1804.Nonresidential Center Waiver.

(a) The Texas Department of Human Services (DHS) may waive the applicable ceiling on DHS's share of the nonresidential center's projected budget anytime during the contract year.

(b) DHS waives the ceiling only when all of the following conditions are met:

(1) the nonresidential center's anticipated income for the contract year is expected to increase or decrease by more than 10% relative to the actual income received during the previous contract year;

(2) the change in the nonresidential center's budget has resulted from:

(A) an increase in the state appropriation for nonresidential center services; or

(B) a decrease in funding from other sources that cannot be attributed to a failure or deficiency on the nonresidential center's part; and

(3) the nonresidential center agrees to receive fund development technical assistance to increase its non-state funding resources.

(c) To receive a waiver for a given contract year, the nonresidential center must submit a written request and appropriate documentation to DHS state office. The documentation must demonstrate that the nonresidential center's budget and fund-raising capabilities satisfy the conditions specified. The nonresidential center must agree in writing to receive technical assistance as designated by DHS. No nonresidential center may receive more than two waivers in consecutive contract periods, or two waivers in a five-year period.

§54.1805.Nonresidential Center Contract Application.

The Texas Department of Human Services must publish annually, in the Texas Register , a "Notice of Intent to Contract" for nonresidential family violence services.

§54.1806.Nonresidential Center New Contractors.

(a) To be considered for funding, nonresidential center providers must:

(1) contact the Texas Department of Human Services (DHS) to request contract eligibility information;

(2) meet the eligibility standards as specified in §54.1801 of this title (relating to Nonresidential Center Eligibility to Contract);

(3) submit documentation that certifies that the nonresidential center meets all the eligibility requirements as described in §54.1801 of this title (relating to Nonresidential Center Eligibility to Contract).

(b) DHS reviews all new potential contract applications and determines contracts based on:

(1) the State of Texas plan for family violence services;

(2) ability of nonresidential centers to provide mandated services; and

(3) availability of federal and state funds.

(c) Based on the State of Texas plan for family violence services and the availability of funding, DHS annually determines the maximum number of new nonresidential centers to be funded.

§54.1807.Nonresidential Center Current Contractors.

(a) The Texas Department of Human Services (DHS) must send contract renewal packets to all nonresidential centers identified in the Texas Register "Notice of Intent to Contract."

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

§54.1808.Nonresidential Center Review of the Purchase of Services Budget and Plan of Operation.

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

(b) The DHS family violence program staff must work with the nonresidential center's authorized representative to clarify and negotiate contractual requirements.

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

§54.1809.Nonresidential Center Contractor's Records.

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

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

(1) a copy of the contract, including approved budget and plan of operation;

(2) contract amendments, budget revisions, and other correspondence with DHS;

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

(4) copies of contractor's audit reports and related correspondence; and

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

(d) The nonresidential center must maintain the following documentation in a readily accessible location:

(1) the nonresidential center's operating policies and procedures;

(2) personnel manual and staff personnel files; and

(3) fiscal manual and accounting records that support DHS expenditures.

(e) The nonresidential center must maintain at least one copy of the Family Violence Program Nonresidential Center Provider Manual at all separate locations where contracted services are performed. Contractors must ensure:

(1) all staff and volunteers have access to the Family Violence Program Nonresidential Center Provider Manual; and

(2) there are written procedures for the distribution and training of staff on manual revisions, policy interpretations, and the nonresidential center operating policies and procedures.

§54.1810.Nonresidential Center Contract Amendments.

(a) Contract amendments involve a change in the amounts or terms of the contract. The nonresidential center must submit any request for a contract amendment in writing to the Texas Department of Human Services (DHS) for review. The amendments must be approved by DHS before implementation by the nonresidential center. DHS is responsible for negotiating and processing any amendments to the contract.

(b) A budget revision must be completed for any budget change that is more than $2,000, or a prorated portion if the item is less than one year, or 2% of the DHS contract, whichever is less. The proposed revision must be submitted in writing on forms provided by DHS. The budget revisions must be approved by DHS before implementation by the nonresidential center. DHS is responsible for negotiating and processing any budget revisions.

§54.1811.Nonresidential Center Subcontracts.

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

§54.1812.Nonresidential Center Change in Corporate Control.

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

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on December 31, 2001.

TRD-200108306

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734

Subchapter R. NONRESIDENTIAL CENTER FISCAL MANAGEMENT

40 TAC §§54.1901 - 54.1914

The new sections implement the Human Resources Code, §§51.001- 51.011.

§54.1901.Nonresidential Center Accounting System Requirements.

(a) Nonresidential centers must maintain an accounting system that records revenue and expenditures using generally accepted accounting principles.

(b) Each nonresidential center must have a chart of accounts that lists all accounts by an assigned number.

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

(1) receipts or vouchers for revenue;

(2) bank statements;

(3) canceled checks;

(4) deposit slips;

(5) approved invoices;

(11) cost allocation worksheets.

(d) Financial records must identify all funding sources and expenditures by separate fund type, for example, Fund Accounting.

(e) Nonresidential centers must use a double-entry accounting system. It can be cash, accrual, or modified accrual.

(f) The nonresidential center must have a fidelity bond in an amount at least equal to one- twelfth of the DHS contract.

§54.1902.Nonresidential Center Budget.

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

§54.1903.Nonresidential Center Contributions.

(a) In-kind contributions. Each nonresidential center must establish and follow written internal policies for the consistent and reasonable treatment of in-kind contributions. These policies must include:

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

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

(3) requirements for documenting in-kind contributions.

(b) Cash contributions. Each nonresidential center must establish and follow written internal policies for the consistent treatment of cash contributions. These policies must include:

(1) a method of recording all such contributions; and

(2) assurances that eligible victims of family violence will receive basic services whether or not they contribute or donate to the nonresidential center.

§54.1904.Nonresidential Center Cash/In-Kind Match.

Nonresidential centers must have written internal policies to accurately document the cash/in-kind match required by funding sources.

§54.1905.Nonresidential Center Local Matching Funds.

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

(1) if they are receiving federal funds under the Family Violence Prevention and Services Act;

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

(3) the percentage of the required local match.

§54.1906.Nonresidential Center General Management and Overhead Costs.

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

§54.1907.Nonresidential Center Monthly Reporting and Billing.

(a) The Texas Department of Human Services (DHS) reimburses nonresidential centers at a fixed reimbursement rate of one-twelfth of their contract amount per month, if the nonresidential centers

(1) are in compliance with monitoring report responses;

(2) are in compliance with Integrated Tracking System requirements; and

(3) have submitted all other reports required by DHS.

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

§54.1908.Nonresidential Center Required Quarterly Reports.

(a) Nonresidential centers must submit a quarterly financial report to the Texas Department of Human Services to report actual year-to-date expenditures showing the approved contract line item and the balance for each line item.

(b) The quarterly financial report is due:

(1) for the first quarter on December 30;

(2) for the second quarter on March 30; and

(3) for the third quarter on June 30.

§54.1909.Nonresidential Center Required Annual Report.

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

§54.1910.Nonresidential Center Audit Requirements.

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

(b) The nonresidential center must have an audit completed and submitted to the Texas Department of Human Services (DHS) within nine months after the end of its fiscal year.

(c) DHS issues a management decision on audit findings within six months of receipt of the nonresidential center's audit report and ensures that the nonresidential center takes appropriate and timely corrective action.

§54.1911.Nonresidential Center Fiscal and Program Monitoring and Evaluation.

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

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

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

§54.1912.Nonresidential Center Contract Monitoring.

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

(b) DHS fiscal monitoring verifies compliance with:

(1) generally accepted accounting procedures;

(2) Office Management Budget Circulars A-122 and A-133;

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

(4) DHS Family Violence Program Nonresidential Center Provider Manual.

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

(2) describes the recommendations and corrective actions to be taken by the nonresidential center.

§54.1913.Nonresidential Center Responses to Monitoring Reports.

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

(1) If the nonresidential center's response proposes acceptable corrective action(s) and no further verification is required, DHS issues a letter closing the report.

(2) If the response is unacceptable, or verification is inadequate, the nonresidential center is required to perform additional corrective actions or provide additional documentation as designated by DHS.

§54.1914.Nonresidential Center Internal Monitoring System.

(a) Nonresidential centers must have a written internal monitoring system to evaluate service quality, accuracy, and compliance with the policies and procedures specified in the contract.

(b) Nonresidential centers must provide, upon request by the Texas Department of Human Services, a description of the internal monitoring system described in subsection (a) of this section.

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 December 31, 2001.

TRD-200108307

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734

Subchapter S. NONRESIDENTIAL CENTER PERSONNEL

40 TAC §§54.2001 - 54.2027

The new sections implement the Human Resources Code, §§51.001- 51.011.

§54.2001.Fair Employment Law.

Nonresidential centers under the jurisdiction of the Fair Employment Law must comply with this law and have written policies that demonstrate how they comply with each component of the Fair Employment Law.

§54.2002.Personnel Policies and Procedures.

(a) Nonresidential centers must have written personnel policies and procedures that standardize the everyday actions and conduct of all employees.

(b) The nonresidential center's employee personnel policies and procedures handbook must address at a minimum the following:

(1) Fair Employment Law, including the:

(A) Civil Rights Act of 1964,

(B) Age Discrimination in Employment Act,

(D) Equal Pay Act;

(2) Fair Labor Standards Act of 1938;

(3) contract labor;

(4) disabilities in the workplace policy, including but not limited to:

(A) Drug Free Workplace, and

(B) human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS);

(5) sexual harassment;

(6) conflict of interest;

(7) nepotism;

(8) recruitment, interview, and hiring procedures, including but not limited to:

(A) job posting,

(B) job descriptions,

(D) reference checking and responding to reference checking;

(9) rules of conduct;

(10) work hours;

(11) breaks;

(12) leave request;

(13) identification of holidays;

(14) staff entitlement and procedures;

(15) staff orientation, initial training, and staff development;

(16) confidentiality requirements;

(17) employee evaluation;

(18) probationary period;

(19) termination procedures;

(20) grievance procedures; and

(21) domestic violence in the workplace.

(c) All employees must receive and sign for a personal copy of the nonresidential center's employee personnel policies and procedures handbook. The signed acknowledgment of receipt must be maintained in the employee's personnel file.

§54.2003.Personnel Files.

(a) Nonresidential centers must maintain a personnel file for each employee. Each file must include at least the following information:

(1) employment application and/or resume;

(2) job description;

(3) all performance evaluations;

(4) any status or classification change;

(5) letters of praise or criticism;

(6) all disciplinary actions;

(7) documentation of orientation, training, and staff development;

(8) signed acknowledgment of receipt of personnel policies and procedures handbook; and

(9) signed acknowledgment of confidentiality agreement.

(b) All payroll information, including time sheet, tax form, and voluntary/involuntary deductions, must be filed in the payroll information file, the personnel files, or in accordance with the nonresidential center's financial policy and procedures.

§54.2004.Maintenance of Personnel Files.

(a) Nonresidential centers must have written policies to ensure the confidentiality of:

(1) Form I-9 (U.S. Department of Justice Employment Eligibility Verification);

(2) all health and medical information; and

(3) complaints and investigation documents of fair employment laws.

(b) Nonresidential centers, under the jurisdiction of the Americans with Disabilities Act, must have written policies to ensure the separate maintenance of all health and medical information.

§54.2005.Fair Labor Standards Act of 1938 Requirements.

Nonresidential centers must identify in writing all Texas Department of Human Services-funded positions as exempt or non-exempt.

§54.2006.Contract Labor.

If contract labor employees are hired, nonresidential centers must have written contract labor policies and procedures.

§54.2007.Disabilities in the Workforce.

(a) The Americans with Disabilities Act. Nonresidential centers, under the jurisdiction of the Americans with Disabilities Act, must have written policies and procedures that ensure reasonable accommodations for applicants and employees with disabilities.

(b) Drug Free Workplace. Nonresidential centers must have a written drug and alcohol policy that states at least the following:

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

(2) belief in a treatment and recovery approach;

(3) stated concern for employees;

(4) identify programs and systems for assistance; and

(5) guarantee confidentiality.

(c) Human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS). Nonresidential centers, under the jurisdiction of the Americans with Disabilities Act, must have written policies and procedures ensuring that applicants and employees with HIV/AIDS or believed to be HIV positive are not discriminated against.

§54.2008.Sexual Harassment.

Nonresidential centers, under the jurisdiction of the Title VII of the Civil Rights Act of 1964, must have written policies and procedures regarding sexual harassment.

§54.2009.Conflict of Interest.

Nonresidential centers must have written policies pertaining to staff conflict of interest.

§54.2010.Nepotism.

Nonresidential centers must have written policies regarding nepotism.

§54.2011.Recruitment Procedures.

Nonresidential centers, under the jurisdiction of the Fair Employment Law, must have written recruitment policies and procedures that ensure

(1) the system used does not impact one protected class more than another; and

(2) the recruitment of applicants does not exclude any potential applicants.

§54.2012.Interview and Hiring Procedures.

(a) Nonresidential centers must have written job-related hiring policies and procedures, including interview processes, that are uniform for all candidates within a particular position.

(b) Nonresidential centers, under the jurisdiction of the Fair Employment Law, must, when hiring employees, use a system that does not impact one protected class more than another and must treat all candidates equally.

(c) Application, screening, and interviewing materials must be retained by the nonresidential center for three years and 90 days or until all litigation, claims, or audit findings are resolved, whichever is longer.

§54.2013.Job Descriptions.

Nonresidential centers, under the jurisdiction of the Americans With Disabilities Act, must have written job descriptions for every position and list the essential job functions for every position.

§54.2014.Reference Checking.

Nonresidential centers must have written policies for acquiring reference checks and responding to reference checking.

§54.2015.Rules of Conduct.

Nonresidential centers must have written rules of conduct and provide these to employees upon employment.

§54.2016.Leave.

Nonresidential centers must have written leave policies.

§54.2017.Staff Entitlement and Procedures.

Nonresidential centers must have written policies regarding staff benefits.

§54.2018.Staff Orientation and Training.

(a) Nonresidential centers must have written policies and procedures regarding oral and written orientation and training programs for employees.

(b) Oral orientation programs must be provided for all new employees within the first two days of employment.

(c) New employees must receive and sign for a personal copy of the nonresidential center's employee personnel policies and procedures handbook during orientation.

(d) Within two weeks, all new employees must receive basic oral and/or written information about:

(1) family violence issues;

(2) a brief history of the Texas Battered Women's Movement; and

(3) a brief summary of current Texas laws that addresses family violence issues.

(e) Documentation of all staff orientations must be maintained in the employee's personnel file.

§54.2019.Initial Training.

(a) Nonresidential centers must provide all employees with initial training, including supervised instruction about specific job functions covered in their job description.

(b) Documentation of all initial training must be included in the employee's personnel file.

(c) Initial training issues for Texas Department of Human Services-funded direct-service employees or employees supervising direct-service staff must include:

(1) hotline skills, if applicable;

(2) basic crisis intervention techniques;

(3) peer counseling techniques;

(4) the dynamics of family violence, including:

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

(B) the need to hold batterers accountable for their actions;

(D) that battering is most often part of a process by which the batterer maintains control and domination over the victim;

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

(6) legal options for victims of family violence;

(7) confidentiality;

(8) sensitivity to cultural diversity;

(9) client eligibility, including Americans with Disabilities Act accommodations;

(10) nonresidential center policies and procedures;

(11) program mission and philosophy;

(12) all required documentation and procedures as related to client issues; and

(13) Texas Department of Human Services Family Violence Program Nonresidential Center Provider Manual.

§54.2020.Staff Development.

Nonresidential centers must have written staff development policies.

§54.2021.Confidentiality of Staff Records.

Nonresidential centers must have written policies regarding:

(1) personnel information; and

(2) responses to requests made pursuant to the Texas Public Information Act.

§54.2022.Performance Evaluation.

Nonresidential centers must

(1) have written performance evaluation policies;

(2) evaluate all staff at least annually; and

(3) file all performance evaluations in the employee's personnel file.

§54.2023.Probationary Period.

Nonresidential centers that choose to use probationary periods must:

(1) have written policies regarding probationary periods; and

(2) apply the policies uniformly.

§54.2024.Termination Procedures.

Nonresidential centers must have written termination policies regarding involuntary termination, reduction in force, and/or reorganization.

§54.2025.Grievance Procedures.

Nonresidential centers must have a written grievance procedure.

§54.2026.Domestic Violence in the Workplace.

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

§54.2027.Record Retention.

All personnel documents; hiring information, including applications; and all supervisory notes that involve personnel decisions must be retained by the nonresidential center for three years and 90 days or until all litigation, claims, or audit findings are resolved, whichever is longer. Documents of contract workers also must be in compliance with record retention requirements.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on December 31, 2001.

TRD-200108308

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734

Subchapter T. NONRESIDENTIAL CENTER FACILITY SAFETY

40 TAC §§54.3001 - 54.3003

The new sections implement the Human Resources Code, §§51.001- 51.011.

§54.3001.Physical Plant.

(a) All nonresidential center facilities must be in adequate repair and in compliance with local health, fire, electrical, and building codes.

(b) Nonresidential centers must make reasonable accommodations for accessibility that do not create a financial burden to the nonresidential center and that comply with the Americans with Disabilities Act.

(d) Nonresidential centers must have a written policy on smoking that is posted in the facilities. If smoking is allowed in the facility, there must be a designated smoking area that is well ventilated.

§54.3002.Safety and Security.

(a) Nonresidential centers must have written policies and procedures to ensure the safety and security of clients and staff.

(b) Nonresidential centers must have a security system.

(1) an intruder on the property, such as a batterer;

(2) assaults to persons;

(3) bomb threats;

(4) threatening telephone calls;

(5) natural disasters, such as tornadoes and floods; and

(6) fires.

(d) Nonresidential center contractors must have written policies and procedures to promote the safety and security of clients and staff.

(e) Nonresidential center facilities must have all exits clearly marked with appropriate exit signs.

(f) Nonresidential center contractors must:

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

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

(3) ensure the safety of children in nonresidential center facilities and maintain the safety of children if staff or volunteers take them on outings; and

(4) maintain a first aid kit in its facilities that is accessible to staff and volunteers;

(5) provide adequate, safe space for providing children's individual and/or group services.

§54.3003.Health and Hygiene for Children's Services.

Nonresidential center contractors must have written health and hygiene policies and procedures that include, but are not limited to:

(1) practices to prevent the spread of contagious diseases;

(2) the provision of services to individuals with a communicable disease;

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

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

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 December 31, 2001.

TRD-200108309

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734

Subchapter U. NONRESIDENTIAL CENTER PROGRAM ADMINISTRATION STANDARDS

40 TAC §§54.4001 - 54.4019

The new sections implement the Human Resources Code, §§51.001- 51.011.

§54.4001.Services Provided.

Nonresidential centers must provide, at a minimum, access to the services outlined in Title 2, Chapter 51 of the Human Resource Code. Services to victims of family violence must be provided either directly or through formal arrangements with other resources as outlined in the Family Violence Program Nonresidential Center Provider Manual.

§54.4002.Client Eligibility State and Federal Laws.

(a) Eligible persons are victims of family violence as defined in the Human Resources Code, Title 2, Chapter 51. Eligible persons also include adults subjected to sexual and/or emotional abuse by their batterers.

(b) When determining client eligibility, nonresidential centers must have written policies and procedures that ensure compliance with all applicable federal and state laws, including:

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

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

(3) The Americans with Disabilities Act of 1990 (Public Law 101-336) as amended; and

(4) The Age Discrimination Act as amended.

(c) Nonresidential centers must comply with all amendments to each, and all requirements imposed by the regulations issued pursuant to the acts listed in subsection (b) of this section.

(d) Nonresidential centers must comply with Chapter 73 of this title (relating to Civil Rights).

(e) Nonresidential centers must comply with the Texas Health and Safety Code, §85.113.

§54.4003.Client Eligibility and Minors.

(a) The Texas Department of Protective and Regulatory Services (TDPRS) child care licensing. Nonresidential centers that provide services to children and under the jurisdiction of the child care licensing regulations must have written policies and procedures that ensure compliance with TDPRS child care licensing rules and regulations.

(b) Services to minors when parent is not receiving services. Nonresidential centers that provide nonresidential services to minors when the parent is not receiving services must ensure the

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

(2) nonresidential center has parental consent to provide the minor with nonresidential services; or

§54.4004.Client Eligibility Policies and Procedures.

(a) Nonresidential centers must have written client eligibility and screening procedures that are based solely on an individual's status as a victim of family violence.

(b) Nonresidential centers must have written policies and procedures to ensure services to eligible victims of family violence are provided:

(1) without regard to income; and

(2) to all who do not contribute, donate, or pay for these services.

(c) When determining client eligibility, nonresidential centers must not discriminate based on gender and/or sexual orientation.

(d) Nonresidential centers must have written procedures for access and delivery of services to non-English speaking persons and make every reasonable effort to serve non- English speaking persons.

(e) Nonresidential centers must have written policies outlining behaviors that preclude otherwise eligible individuals from receiving nonresidential center services.

§54.4005.Confidentiality Policy and Procedures.

(a) Nonresidential centers must develop a written general confidentiality policy that includes:

(1) a statement about the importance of confidentiality to maintaining safety;

(2) a definition of confidential communication;

(3) the general principles of confidentiality;

(4) the parameters of what must be held confidential and by whom;

(5) the purposes for which the nonresidential center maintains each record;

(6) a designation of custodian of the records;

(7) procedures for retention and destruction of records; and

(8) procedures for the nonresidential center's practice in responding to court orders.

(b) The written confidentiality policy must:

(1) cover all confidential information, which includes all communications, observations, and information made by and between or about adult and child clients, staff, volunteers, student interns, and board members;

(2) provide that the address of employment, residence, and family addresses of clients, staff, volunteers, interns, and board members be confidential; and

(3) provide that the names of clients, staff, student interns, and volunteers not be disclosed without the written permission of the individual involved.

(c) Nonresidential centers must develop written procedures for the handling of information and information requests on a daily basis, including but not limited to:

(1) maintenance of records,

(2) access to records, and

(3) release of information.

(d) Nonresidential centers must fully inform clients in writing of what kind of information is recorded, why, and the methods of collection.

(e) Adult clients must be advised in writing of at least the following:

(1) their right to see their records;

(2) who within the organization has access to the client's records;

(3) the nonresidential center's policy and practices on confidentiality;

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

(5) what kind of information is required to be reported and why, such as child abuse;

(6) the nonresidential center's policy for

(A) responding to court orders;

(B) release of information;

(7) when the records will be decoded or destroyed; and

(8) what kind of information remains in the file once a client terminates services.

§54.4006.Confidentiality Agreement.

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

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

§54.4007.Confidentiality Policies and Procedures Training.

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

§54.4008.Content of Case Files.

(a) The content of client files must be limited to information necessary for:

(1) statistical and funding purposes;

(2) establishing goals for the counseling and advocacy relationship;

(3) documenting the need for and delivery of services; and

(4) protecting the liability of the nonresidential center program and its staff, volunteers, and board members.

(b) Nonresidential centers must have written policy and procedures regarding entries into client files.

(d) Client files must not include the names of other clients.

(e) If the nonresidential center provides direct delivery services for both the victim and the violent family member, separate case records must be maintained.

§54.4009.Verification of Texas Department of Human Services (DHS) Client Services.

Nonresidential centers that employ attorneys and other licensed professionals prohibited by Texas Law or regulations to release client records to DHS must submit a DHS-approved alternative method for verifying client services.

§54.4010.Access to Case Files.

(a) Nonresidential centers must have written policy and procedures ensuring that clients may review, comment, and have access to their own case file.

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

(c) If the client contests a case file entry and the entry is not removed, the nonresidential center must make a notation in the case file stating that the client believes the entry to be inaccurate.

(d) Client files must be kept secure. The files must not be removed from the nonresidential center program premises without the written permission of the custodian of the records.

§54.4011.Release of Information.

(a) Nonresidential centers must obtain a written release of information from the client before releasing information orally or in writing. The release of information must include:

(1) the name of the person or agency to which the information is being released,

(2) the specific information to be released, and

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

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

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

§54.4012.Court Orders.

(a) Nonresidential centers must have written procedures for responding to court orders, such as subpoenas, search warrants, or writs of attachment. The written procedures must include:

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

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

(3) which attorney(s) should be contacted;

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

(5) circumstances under which records might be released.

(b) Nonresidential centers must make an attempt to notify clients when a court order affects them or their records.

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

§54.4013.Report of Abuse.

Nonresidential centers must have written policies and procedures for reporting

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

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

§54.4014.Retention and Destruction of Records.

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

(1) case notes, case content, and case files;

(2) staff-to-staff communications; and

(3) all documentation required by funders.

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

§54.4015.Basic Elements of Nonresidential Centers.

Nonresidential centers must

(1) Provide services a minimum of 40 hours per week with a consistent schedule of service hours that may be regular business hours or other hours as approved by the Texas Department of Human Services (DHS).

(2) Have written referral procedures for helping victims of family violence obtain temporary shelter.

(3) Have written policies and procedures for any break in services. Any break in services must be reported immediately to DHS. After the initial oral notification, nonresidential centers must submit to DHS a written description of the break of services and how services will be and/or were maintained.

§54.4016.Client Rights.

Nonresidential centers must

(1) provide written client rights to all clients; and

(2) post client rights in a visible area within all nonresidential center facilities.

§54.4017.Cooperation with Criminal Justice Officials.

Nonresidential centers must develop a written agency plan that outlines efforts to cooperate with criminal justice officials in each county where services are provided, including:

(1) establishing an ongoing working relationship with local criminal justice officials;

(2) encouraging the justice system to develop policies and procedures that are responsive to the needs of battered women and enhance collaboration among justice system agencies and service providers;

(3) pursuing the opportunity to participate in the training of law enforcement officers and other criminal justice officials;

(4) providing information and education to law enforcement and criminal justice officials about the dynamics of family violence, services available, and support needed from the criminal justice system; and

(5) encouraging local criminal justice professionals to post signs and leave brochures in their offices about family violence and the availability of services.

§54.4018.Community Education.

(a) Community education policies. Nonresidential centers must

(1) have a written agency community education policy. Community education must be provided to as many diverse groups as possible in each county where services are provided; and

(2) focus part of their community education on informing victims of family violence about existing family violence services.

(b) Community education procedures. Nonresidential centers must use the following methods for community education:

(1) presentations;

(2) distribution of written materials; and

(3) establishing and using media contacts.

§54.4019.Volunteer Recruitment and Training Program.

(a) Volunteer program procedures. Nonresidential centers must

(1) have written procedures that outline recruitment methods that reach diverse groups of people from the communities of each county where services are provided.

(2) have an ongoing recruitment program for volunteers to help with nonresidential center programs;

(3) offer training for volunteers at least twice annually;

(4) designate a staff person, paid or volunteer, to act as volunteer coordinator; and

(5) have a written policy regarding screening, training, supervising, evaluating, and terminating volunteers.

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

(1) the history of the Battered Women's Movement;

(2) the need for and benefit of family violence services;

(3) the dynamics of family violence, including:

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

(B) the need to hold batterers accountable for their actions; and

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

(4) hotline skills, if applicable;

(5) basic crisis intervention techniques;

(6) peer counseling techniques;

(7) nonresidential center policies and procedures;

(8) program mission and philosophy;

(9) confidentiality;

(10) legal options for victims of family violence;

(11) sensitivity to cultural diversity;

(12) the relationship between domestic violence and drug and alcohol abuse, sexual abuse, and child abuse;

(13) community resources; and

(14) the need for community systems to be responsive to the needs of victims of family violence.

(c) Training non-direct service volunteers. Volunteers who do not provide direct delivery service must receive a basic orientation about the duties they perform and, at a minimum, have a basic understanding of program mission, philosophy, and policies.

(d) Civil rights laws. Nonresidential centers must comply with civil rights laws that allow qualified persons an opportunity to volunteer.

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 December 31, 2001.

TRD-200108310

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734

Subchapter V. NONRESIDENTIAL CENTER SERVICE DELIVERY

40 TAC §§54.5001 - 54.5010

The new sections implement the Human Resources Code, §§51.001- 51.011.

§54.5001.Crisis Call Hotline Procedures.

Nonresidential centers must provide access to a crisis call hotline to victims of family violence and must have written procedures that ensure immediate intervention access 24 hours a day every day of the year. The hotline must be operated by the nonresidential center or by another organization located in the nonresidential center's service area and must

(1) have written procedures to assess the victim's safety;

(2) have a written policy that addresses how the organization will provide immediate access to 24-hour-a-day hotline crisis intervention;

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

(4) list the hotline number in all local telephone books and be widely distributed or available from local telephone information services within the nonresidential center's service area;

(5) have a minimum of two telephone lines;

(6) not use an answering machine to answer their hotline;

(7) have written procedures ensuring that collect calls from victims of family violence are accepted and that there are no blocks on anonymous incoming calls;

(8) ensure confidentiality of all hotline calls and any related documents;

(9) comply with all applicable state and federal laws if the hotline is used to screen for eligibility for services;

(10) provide equal access to hearing impaired victims of family violence;

(11) have written procedures to respond to non-English speaking persons;

(12) offer appropriate information and referral to battering intervention services if violent family members call the crisis call hotline; and

(13) if caller ID or any other technology that establishes a record of calls is used on the crisis call hotline, the organization must develop written policies and procedures that

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

(B) limit access to the records generated by these devices; and

§54.5002.Emergency Transportation.

Each nonresidential center must have written procedures for providing or arranging for emergency transportation

(1) to and from emergency medical facilities for clients or victims being considered for acceptance as clients, and

(2) from a safe place to a shelter for clients located within the nonresidential center's service area.

§54.5003.Initial Delivery of Direct Services.

(a) Initial delivery of adult direct services. Nonresidential centers must have written procedures that ensure each adult nonresident is provided an orientation orally or in writing. The orientation must be documented and include, but not be limited to

(1) explanation of services available,

(2) termination policy,

(3) nonresidents' rights,

(4) nondiscrimination statement,

(5) grievance procedures,

(6) safety and security procedures,

(7) confidentiality and limits of confidentiality, and

(8) waivers of liability.

(b) Initial delivery of children's direct services. Nonresidential centers must have services available that are specific to meet the needs of children and at a minimum offer social/recreational activities for children while the adult parent is receiving services.

§54.5004.Voluntary and Involuntary Termination of Services.

(a) Nonresidential centers must have written procedures for

(1) voluntary and involuntary termination of services; and

(2) appealing terminations.

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

(c) Nonresidential centers must have written policies that outline behaviors for which services can be terminated. Threatening or inappropriate behaviors must be non-gender specific and must apply equally to all clients.

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

§54.5005.Emergency Medical Care.

Each nonresidential center must

(1) develop written procedures to help clients obtain emergency medical services, and

(2) maintain a current list of emergency medical care resources that can provide medical services for victims of family violence.

§54.5006.Non-Emergency Medical Care.

Nonresidential centers must develop written procedures to help clients obtain non-emergency medical services, including networking with local medical professionals to encourage the provision of low- cost medical services to clients.

§54.5007.Legal Assistance in the Civil and Criminal Justice Systems.

(a) Legal assistance. Nonresidential centers must

(1) assure that appropriate staff and volunteers have a working knowledge of current Texas laws that pertain to family violence, as well as the local justice system's response to domestic violence, in each county where services are provided;

(2) maintain a current list of local criminal justice agencies and contact persons in each county where services are provided;

(3) offer support and accompaniment to clients in their pursuit of legal options; and

(4) encourage the justice system to respond consistently to the needs of victims of family violence and to hold batterers accountable.

(b) Legal advocate. Nonresidential centers must

(1) designate at least one staff person, either paid or volunteer, to act as a legal advocate,

(2) document in writing that the designated staff acting as legal advocate:

(A) has a working knowledge of Texas laws that pertain to family violence, as well as the justice system's response to domestic violence;

(B) is familiar with legal services, resources, and procedures available to victims in each county where services are provided;

(D) identifies legal rights and options as part of individual service plans.

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

§54.5008.Intervention Services.

(a) Individual intervention. Nonresidential centers must

(1) provide individual intervention services by trained staff or volunteers to victims of family violence who access the nonresidential center's services;

(2) provide clients with daily access to intervention services;

(3) provide intervention services that do not promote any one religion;

(4) not require clients to participate in religious groups or to use religious materials; and

(5) develop written individual service plans. The service plan must be developed with the client and reflect the client's particular needs.

(b) Adult intervention. Intervention services must provide

(1) safety planning, including assessment of future violence, the need for ongoing risk assessment, developing strategies to enhance safety, and legal options available;

(2) understanding and support, including active listening, addressing needs identified by the victim, building self-esteem, problem solving, and recognition that the victim is responsible for her own life decisions and that the batterer is responsible for the violent behavior; and

(3) information, education, and available resources, including the dynamics of family violence, legal options, drug and alcohol abuse, parenting, acquired immune deficiency syndrome (AIDS) awareness, opportunities for education programs, and opportunities for employment and training.

(1) not mandate attendance for groups, and

(2) provide at least one weekly support group for adult clients that includes

(A) understanding and support, that includes

(i) active listening,

(ii) addressing needs identified by the victim,

(iii) building of self-esteem,

(iv) problem solving, and

(v) recognition that victims are responsible for their own life decisions and that batterers are responsible for the violent behavior; and

(B) information and education that includes

(i) how batterers maintain control and dominance over victims,

(ii) the role of society in perpetuating violence against women,

(iii) the need to hold batterers accountable for their actions, and

(iv) the social change necessary to eliminate violence within the family, including sexism, racism, and homophobia.

§54.5009.Referral System to Existing Community Services.

Nonresidential centers must maintain and make readily accessible to staff and volunteers a current printed referral list, including telephone numbers of existing community resources for each county where services are provided.

§54.5010.Information About Training for and Seeking Employment.

(a) Nonresidential centers must have written procedures to ensure that victims of family violence obtain current information about training and employment opportunities.

(b) Nonresidential centers must provide or arrange the following for clients:

(1) assistance in preparing employment applications, training applications, and resumes; and

(2) information on job seeking skills.

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 Decmeber 31, 2001.

TRD-200108311

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 10, 2002

For further information, please call: (512) 438-3734