Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 54.
FAMILY VIOLENCE PROGRAM
The Texas Department of Human Services (DHS) adopts an amendment to §54.101;
and new §§54.1701 - 54.1707, §§54.1801 - 54.1812, §§54.1901
- 54.1914, §§54.2001 - 54.2027, §§54.3001 - 54.3003, §§54.4001
- 54.4019, and §§54.5001 - 54.5010, in its Family Violence Program
chapter. DHS adopts the amendment to §54.101; and new §54.1801, §54.1806, §54.1907, §54.2002, §54.2007, §54.2011, §54.3001, §54.3002, §§54.4001
- 54.4003, §54.4007, §54.4015, §54.4016, §54.4018, §54.4019, §§54.5001
- 54.5005, §54.5007, and §54.5008 with changes to the proposed text
published in the January 11, 2002, issue of the
Texas Register
(27 TexReg 363). DHS adopts new §§54.1701
- 54.1707; §§54.1802 - 54.1805, §§54.1807 - 54.1812, §§54.1901
- 54.1906, §§54.1908 - 54.1914, §54.2001, §§54.2003
- 54.2006, §§54.2008 - 54.2010, §§54.2012 - 54.2027, §54.3003, §§54.4004
- 54.4006, §§54.4008 - 54.4014, §54.4017, §54.5006, §54.5009,
and §54.5010 without changes to the proposed text.
Justification for the amendment and new sections is to use state appropriations
to fund comprehensive nonresidential family violence centers, as authorized
by the 77th Legislature. The sections address board, fiscal, contract, personnel,
facility, administration, and service standards for these centers.
DHS received no comments regarding adoption of the amendment and new sections.
DHS made minor changes to correct punctuation and grammar.
Subchapter A. DEFINITIONS
40 TAC §54.101
The amendment is adopted 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, have the
following meanings, unless the context clearly indicates otherwise.
(1)
Civil justice system--A network of courts and legal processes
that enforce, redress, or protect private rights.
(2)
Community education--Heightening public awareness about
family violence and the availability of services for victims of family violence.
(3)
Cooperation with criminal justice officials--Making efforts
on behalf of victims of family violence to:
(A)
establish ongoing working relationships with the local
criminal justice system, including but not limited to law enforcement, prosecutors,
the courts, probation, and parole; and
(B)
educate the local criminal justice system about family
violence and the need for policies that ensure safety for victims of family
violence and hold batterers accountable.
(4)
Criminal justice system--A network of court and legal processes
that deal with penal law and its enforcement; an offense against the state.
(5)
Crisis call hotline--A telephone number that is answered
by trained family violence 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 hours
a day, every day of the year.
(6)
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 or administrators.
It does not include transportation.
(7)
Emergency medical care--Face-to-face assistance in responding
to any urgent medical situation for the adult/child residents or nonresidents
who access shelter center services.
(8)
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.
(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)
Legal assistance--Services provided directly to the client
that include assisting adult/child residents or nonresidents in safety planning;
identifying individual legal needs, rights, and options; and support and accompaniment
in their pursuit of those options.
(16)
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,
the Texas 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)
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)
Twenty-four-hour-a-day shelter--A shelter that provides
access, admittance, and temporary emergency shelter residence for victims
of family violence 24 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.
(20)
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 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 April 24, 2002.
TRD-200202535
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
40 TAC §§54.1701 - 54.1707
The new sections are adopted 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.
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 April 24, 2002.
TRD-200202536
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
40 TAC §§54.1801 - 54.1812
The new sections are adopted 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.
§54.1801.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.
§54.1806.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);
and
(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.
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 April 24, 2002.
TRD-200202537
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
40 TAC §§54.1901 - 54.1914
The new sections are adopted 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.
§54.1907.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.
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 April 24, 2002.
TRD-200202538
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
40 TAC §§54.2001 - 54.2027
The new sections are adopted 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.
§54.2002.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,
(C)
Americans with Disabilities Act, and
(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;
(C)
interviewing systems; and
(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.
§54.2007.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
is 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.
§54.2011.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.
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 April 24, 2002.
TRD-200202539
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
40 TAC §§54.3001 - 54.3003
The new sections are adopted 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.
§54.3001.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.
(c)
Nonresidential centers must provide a private counseling
and/or group room.
(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.
(c)
Nonresidential centers must have written safety and security
policies and procedures for responding to:
(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;
(4)
maintain a first aid kit in its facilities that is accessible
to staff and volunteers; and
(5)
provide adequate, safe space for providing children's individual
and/or group services.
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 April 24, 2002.
TRD-200202540
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
40 TAC §§54.4001 - 54.4019
The new sections are adopted 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.
§54.4001.Services Provided.
Nonresidential centers must provide, at a minimum, access to the services
outlined in Title 2, Chapter 51, of the Human Resources 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, Title
2, Chapter 51; and
(2)
nonresidential center has parental consent to provide the
minor with nonresidential services; or
(c)
nonresidential center complies with the Texas Family Code,
Chapter 32.004, if parental consent is not obtained.
§54.4007.Confidentiality Policies and Procedures Training.
Nonresidential centers must provide training on confidentiality policies,
procedures, and how to record information for all staff and volunteers who
have any contact with family violence clients or their records.
§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; and
(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.
§54.4018.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 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 April 24, 2002.
TRD-200202541
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
40 TAC §§54.5001 - 54.5010
The new sections are adopted 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.
§54.5001.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
(C)
ensure training to staff on all caller ID policies and
procedures.
§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.
§54.5007.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;
(C)
assists clients in safety planning and re-evaluation of
the safety plan as part of an individual service plan; and
(D)
identifies legal rights and options as part of individual
service plans; and
(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.
(c)
Group intervention. Nonresidential centers must:
(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.
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 April 24, 2002.
TRD-200202542
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 14, 2002
Proposal publication date: January 11, 2002
For further information, please call: (512) 438-3734
Chapter 175.
GENERAL RULES OF THE VETERANS LAND BOARD
Subchapter A. GENERAL RULES AND CONTRACTING FINANCE
40 TAC §175.6, §175.21
The Veterans Land Board of the State of Texas (the "Board")
adopts amendments to Title 40, Part 5, Chapter 175 of the Texas Administrative
Code, §175.6 relating to Commitment by the Board and §175.21, relating
to Prizes and Inducements. The amended sections are adopted without changes
to the text as published in the March 8, 2002, issue of the
Texas Register
(27 TexReg 1686). The adopted amendments clarify the
amount the Board will invest in land to be purchased and resold by the Board
and the amount of investment required of the Veteran. The rules also correct
some errors and clarify some language
Section 161.222(a) of the Tex. Nat. Res. Code was amended in 1985 to authorize
the Board to set the amount of the initial payment required from a purchaser.
Section 161.233(a) and 161.283(b) of the Tex. Nat. Res. Code were amended
in 1991 to limit the maximum amount of the Board's investment to $40,000.
The adopted amendment to §175.6 allows the Board to invest a maximum
of $40,000 by adjusting the initial payment and any additional required down
payment. The rule still requires that Veteran purchasers have at least 5.0%
equity in the tract they purchase. To avoid confusion, the statutory "initial
payment" and additional "down payment(s)" are combined and referred to as
the "equity investment" in the adopted rule.
The adopted amendment to §175.21(a) changes the incorrect reference
to §161.333(a) of the Tex. Nat. Res. Code, to the correct reference to §161.233(a)
of the Tex. Nat. Res. Code, and adds a previously omitted reference to §161.283(b)
of the Tex. Nat. Res. Code.
No comments were received regarding the amendments as proposed.
The amendment to this section is adopted under the Natural Resources
Code, Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.222,
161.233 and 161.283. These sections authorize the Board to adopt rules that
it considers necessary and advisable for the Land Program.
Natural Resources Code §§161.222, 161.233 and 161.283 are affected
by this rulemaking action.
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 April 24, 2002.
TRD-200202534
Larry Soward
Chief Clerk, General Land Office
Texas Veterans Land Board
Effective date: May 14, 2002
Proposal publication date: March 8, 2002
For further information, please call: (512) 305-9129
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
Subchapter A. DEFINITIONS AND BOARD OPERATIONS
Subchapter P. NONRESIDENTIAL CENTER BOARD OF DIRECTORS
Subchapter Q. NONRESIDENTIAL CENTER CONTRACT AND FISCAL STANDARDS
Subchapter R. NONRESIDENTIAL CENTER FISCAL MANAGEMENT
Subchapter S. NONRESIDENTIAL CENTER PERSONNEL
Subchapter T. NONRESIDENTIAL CENTER FACILITY SAFETY
Subchapter U. NONRESIDENTIAL CENTER PROGRAM ADMINISTRATION STANDARDS
Subchapter V. NONRESIDENTIAL CENTER SERVICE DELIVERY
Part 5.
TEXAS VETERANS LAND BOARD
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING