Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Chapter 700.
CHILD PROTECTIVE SERVICES
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§700.316, 700.324, 700.328, 700.330, 700.1322,
700.1733, 700.1736, 700.2501, and 700.2502; adopts the repeal of §§700.2301-700.2310
and 700.2401-700.2407; and adopts new §§700.2301, 700.2303, 700.2321,
700.2323, 700.2341, 700.2343, 700.2361, and 700.2363, concerning levels of
care, in its Child Protective Services chapter. New §§700.2301,
700.2303, 700.2321, 700.2323, 700.2341, 700.2343, 700.2361, and 700.2363 are
adopted with changes to the proposed text published in the October 10, 2003,
issue of the
Texas Register
(28 TexReg 8831).
The amendments to §§700.316, 700.324, 700.328, 700.330, 700.1322,
700.1733, 700.1736, 700.2501, and 700.2502; and the repeal of §§700.2301-700.2310
and 700.2401-700.2407 are adopted without changes to the proposed text and
will not be republished. In addition, TDPRS is withdrawing §§700.2302,
700.2322, 700.2342, and 700.2362, which were also proposed in the October
10, 2003, issue of the
Texas Register
(28
TexReg 8831). The information contained in those sections has been consolidated
with other sections and is explained later in the preamble.
The justification for the amendments, repeals, and new sections is to describe
the four service levels into which the six levels of care and additional special
definitions for medical fragility and developmental delays, substance abuse,
and mental retardation have been merged and to eliminate redundancy. The new
rules describe the needs and characteristics of children at each service level.
The four service levels are: Basic Services; Moderate Services; Specialized
Services; and Intense Services.
The sections will function by ensuring that the needs and characteristics
of children in TDPRS care are better described in a manner that is easier
to understand, and thus more effectively applied by caseworkers, providers,
and others involved in the reviewing and monitoring of the care of TDPRS children.
During the comment period, TDPRS received 184 comments from 19 entities
and 30 individuals. The following businesses, organizations, associations,
and other entities submitted comments: Advocacy, Inc.; Austin Toxicology;
ARC of Texas; Center for BrainHealth; EveryChild, Inc.; Greater Texas Community
Partners; Handle with Care, CPA; Harris County Foster Parents Association;
Houston's Therapeutic Equestrian Center; Kaufman County Welfare Board; Lutheran
Social Services of the South; NCMHMR; Safe Havens of Kornerstone CPA; Southwest
Chapter of Autism Society of America; Tarrant County Foster Parent Association;
Texas Alliance of Child and Family Services; Texas Center for Disability Studies;
Texas Council for Developmental Disabilities; Texas Foster Family Association;
and The Center for Health Care Services. A summary of the comments and responses
follows:
Comments concerning §700.2301: Five commenters suggested we remove
the word "normal".
Response: TDPRS is adopting this section with changes due to public comments.
The word "normal" is deleted and the phrase "preferably in a family" is added
to be consistent with the other service levels. On occasion, children need
placement in an emergency shelter that is not a family. Also, the needs of
the child, which were included in proposed §700.2302, have been consolidated
with §700.2301.
Comments concerning §700.2303: Four commenters stated this section
makes no reference to children with primary medical needs. The commenters
assume this means that children with primary medical needs would not be included
in this category.
Response: Children with primary medical needs as defined in Residential
Child Care Licensing Minimum Standards for Child Placing Agencies Appendix
H require more than basic services. However, TDPRS is adopting this section
with format changes that make it consistent with the remaining service levels.
Comments concerning §700.2321: Four commenters suggested we replace
"family-like" with "family."
Response: TDPRS is adopting this section with changes due to public comment.
The section now reads: "The Moderate Service Level consists of a structured
supportive setting, preferably in a family, in which most activities are designed
to improve the child's functioning." Also, the needs of the child, which were
included in proposed §700.2322, have been consolidated with §700.2321.
In addition, format changes are made for clarification and consistency.
Comments concerning §700.2323: (1) Three commenters suggested generalized
descriptors such as frequent, occasional, and moderate are all used without
parameters of what constitutes each.
Response: The descriptors frequent, occasional, and moderate are consistent
with the Level of Care system that has been in place since 1990. We are confident
that our third party reviewer has consistently applied these terms in Level
of Care authorizations as evidenced by their quality assurance measures that
include quarterly inter-rater reliability testing along with on going training
and supervision.
(2) TDPRS received four additional comments regarding this section in reference
to children with disabilities. The commenters stated this standard does not
address the risk to children with primary medical needs related to their medical
condition or diagnosis.
Response: The risk of harm for children with primary medical needs is addressed
in paragraph (4).
However, TDPRS is adopting this section with format changes that make it
consistent with the remaining service levels.
Comments concerning §700.2341: Four commenters suggested the term
"treatment setting" should be changed to "preferably a family."
Response: TDPRS is adopting this section with changes due to public comment.
The sentence is revised to "a treatment setting, preferably a family, in which
caregivers have specialized training to provide therapeutic, habilitative
and medical support and interventions." Also, the needs of the child, which
were included in proposed §700.2342, have been consolidated with §700.2341.
In addition, format changes are made for clarification.
Comments concerning §700.2342: Four commenters would like to have
the word "supervision" defined.
Response: TDPRS is withdrawing this section because the needs of the child
were consolidated with §700.2341. Supervision is already defined in the
childcare licensing rules (refer to §720.570 (30) of this title (relating
to Definitions)).
Comments concerning §700.2343: (1) TDPRS received 11 comments regarding
this section, specifically subsection (e) regarding children with primary
medical needs. The commenters suggest that "constant access" is too limiting
and "medically skilled caregiver" is not defined.
Response: TDPRS is adopting this section with changes due to public comment.
Format changes are made for clarification. Subsection (e)(4) is now subparagraph
(4)(D), and is revised to read: "constant access to on-site, medically skilled
caregiver with demonstrated competencies in the interventions needed by the
child in their care."
(2) The commenters also suggest the standard speak to difficulties that
address the risk to children with primary medical needs.
Response: The risk of harm for children with primary medical needs is addressed
in paragraph (4).
Comments concerning §700.2361: (1) TDPRS received four comments regarding
this section, all regarding the children with disabilities. The commenters
suggest adding "preferably a family."
Response: TDPRS is adopting this section with changes due to public comment.
The section is revised to read: "The Intense Service Level consists of a high
degree of structure, preferably in a family, to limit the child's access to
environments as necessary to protect the child. The caregivers have specialized
training to provide intense therapeutic, habilitative, and medical supports
and interventions with limited outside access."
(2) The commenters also suggest that children with medical/developmental
disabilities do not need to have limited access to the environment.
Response: Children with medical/developmental disabilities that would require
this level of service are often medically fragile and they may need to be
protected from infection and/or an over stimulating environment.
Also, the needs of the child, which were included in proposed §700.2362,
have been consolidated with §700.2361. In addition, format changes are
made for clarification.
Comments concerning §700.2362: TDPRS received three comments regarding
the developmental disability and primary medical needs section of this rule.
The commenters suggest that the portion of the sentence that reads, "professionally
designed and supervised" is not clear that a foster parent, who has demonstrated
competency, can be designated as the person to provide medical supervision.
Response: TDPRS is withdrawing this section because the needs of the child
were consolidated with §700.2361. The sentence is revised to read: "(b)
The child with developmental delays or mental retardation needs professionally
directed, designed, and
monitored
interventions
to enhance mobility, communication, sensory, motor, and cognitive development,
and self-help skills."
Comments concerning §700.2363: Three commenters suggested the standard
speak to difficulties that address the risk to children with primary medical
needs.
Response: TDPRS is adopting this section with changes due to public comment.
Children needing intense services present an imminent and critical risk of
harm to self or others. Risk is addressed for children with primary medical
needs in paragraph (4). However, for further clarification, the description
was expanded.
Comments concerning §700.2402: PRS received 14 comments regarding
the repeal of this rule and the increased training hour requirements.
Response: TDPRS is repealing this section because it was a Level of Care
indicator that was replaced with a Service Level indicator in the residential
care contract. This issue was addressed by residential contracts. Training
hours for Basic homes are now 20 hours per home per year as required by Minimum
Standards.
Comments concerning §§700.2404, 700.2405, 700.2406, and 700.2407:
TDPRS received three comments opposing the repeal of these rules and 16 specific
comments regarding the Service Level indicators that are now a part of the
residential child care contract.
Response: TDPRS is adopting the rule repeals because they were LOC indicators
that were replaced with Service Level indicators in the residential care contract.
Comments received will be forwarded to Contract Management Division for consideration
in the Fiscal Year 2005 service contracts.
General Comments: Three comments disagreed with changing from six levels
of care to four service levels.
Response: TDPRS was required by the 78th Legislative session in HB 1, Rider
21, to consolidate the Level of Care system no later than October 1, 2003.
The revisions represent the work of internal and external stakeholders.
TDPRS received additional comments that cannot be tied to these specific
rule revisions and are outside the scope of this proposal. Forty-four comments
were received regarding the rate structure. There is strong advocacy for a
home-based rate at the Intense Service Level, which has since been set. Nine
comments reflected a lack of confidence in our third party reviewer and their
abilities to accurately assess the needs of children in our care.
Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
40 TAC §§700.316, 700.324, 700.328, 700.330
The amendments are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The amendments implement the Human Resources Code, §40.029.
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 January 29, 2004.
TRD-200400571
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §700.1322
The amendment is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The amendment implements the Human Resources Code, §40.029.
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 January 29, 2004.
TRD-200400572
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §700.1733, §700.1736
The amendments are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The amendments implement the Human Resources Code, §40.029.
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 January 29, 2004.
TRD-200400573
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §§700.2301 - 700.2310
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeals implement the Human Resources Code, §40.029.
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 January 29, 2004.
TRD-200400574
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
1.
BASIC SERVICE LEVEL
40 TAC §700.2301, §700.2303
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029.
§700.2301.What is the description of the Basic Service Level?
The Basic Service Level consists of a supportive setting, preferably
in a family that is designed to maintain or improve the child's functioning
including:
(1)
routine guidance and supervision to ensure the child's
safety and sense of security;
(2)
affection, reassurance, and involvement in activities appropriate
to the child's age and development to promote the child's well-being;
(3)
contact, in a manner that is deemed in the best interest
of the child, with family members and other persons significant to the child
to maintain a sense of identity and culture; and
(4)
access to therapeutic, habilitative, and medical intervention
and guidance from professionals or para-professionals, on an as needed basis,
to help the child maintain functioning appropriate to the child's age and
development.
§700.2303.What are the characteristics of a child that needs the Basic Service Level?
A child needing basic services is capable of responding to limit setting
or other interventions. The children needing basic services may include:
(1)
a child whose characteristics include one or more of the
following:
(A)
transient difficulties and occasional misbehavior;
(B)
acting out in response to stress, but episodes of acting
out are brief; and
(C)
behavior that is minimally disturbing to others, but the
behavior is considered typical for the child's age and can be corrected.
(2)
a child with developmental delays or mental retardation
whose characteristics include minor to moderate difficulties with conceptual,
social, and practical adaptive skills.
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 January 29, 2004.
TRD-200400575
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §700.2321, §700.2323
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029.
§700.2321.What is the description of the Moderate Service Level?
(a)
The Moderate Service Level consists of a structured supportive
setting, preferably in a family, in which most activities are designed to
improve the child's functioning including:
(1)
more than routine guidance and supervision to ensure the
child's safety and sense of security;
(2)
affection, reassurance, and involvement in structured activities
appropriate to the child's age and development to promote the child's well-being;
(3)
contact, in a manner that is deemed in the best interest
of the child, with family members and other persons significant to the child
to maintain a sense of identity and culture; and
(4)
access to therapeutic, habilitative, and medical intervention
and guidance from professionals or para-professionals to help the child attain
or maintain functioning appropriate to the child's age and development.
(b)
In addition to the description in subsection (a) of this
section, a child with primary medical or habilitative needs may require intermittent
interventions from a skilled caregiver who has demonstrated competence.
§700.2323.What are the characteristics of a child that needs the Moderate Service Level?
A child needing moderate services has problems in one or more areas
of functioning. The children needing moderate services may include:
(1)
a child whose characteristics include one or more of the
following:
(A)
frequent non-violent, anti-social acts;
(B)
occasional physical aggression;
(C)
minor self-injurious actions; and
(D)
difficulties that present a moderate risk of harm to self
or others.
(2)
a child who abuses alcohol, drugs, or other conscious-altering
substances whose characteristics include one or more of the following:
(A)
substance abuse to the extent or frequency that the child
is at-risk of substantial problems; and
(B)
a historical diagnosis of substance abuse or dependency
with a need for regular community support through groups or similar interventions.
(3)
a child with developmental delays or mental retardation
whose characteristics include:
(A)
moderate to substantial difficulties with conceptual, social,
and practical adaptive skills to include daily living and self-care; and
(B)
moderate impairment in communication, cognition, or expressions
of affect.
(4)
a child with primary medical or habilitative needs, whose
characteristics include one or more of the following:
(A)
occasional exacerbations or intermittent interventions
in relation to the diagnosed medical condition;
(B)
limited daily living and self-care skills;
(C)
ambulatory with assistance; and
(D)
daily access to on-call, skilled caregivers with demonstrated
competency.
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 January 29, 2004.
TRD-200400576
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §700.2341, §700.2343
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029.
§700.2341.What is the description of the Specialized Service Level?
(a)
The Specialized Service Level consists of a treatment setting,
preferably in a family in which caregivers have specialized training to provide
therapeutic, habilitative, and medical support and interventions including:
(1)
24-hour supervision to ensure the child's safety and sense
of security, which includes close monitoring and increased limit setting;
(2)
affection, reassurance, and involvement in therapeutic
activities appropriate to the child's age and development to promote the child's
well-being;
(3)
contact, in a manner that is deemed in the best interest
of the child, with family members and other persons significant to the child
to maintain a sense of identity and culture; and
(4)
therapeutic, habilitative, and medical intervention and
guidance that is regularly scheduled and professionally designed and supervised
to help the child attain functioning appropriate to the child's age and development.
(b)
In addition to the description in subsection (a) of this
section, a child with primary medical or habilitative needs may require regular
interventions from a caregiver who has demonstrated competence.
§700.2343.What are the characteristics of a child that needs the Specialized Service Level?
A child needing specialized services has severe problems in one or
more areas of functioning. The children needing specialized services may include:
(1)
a child whose characteristics include one or more of the
following:
(A)
unpredictable non-violent, anti-social acts;
(B)
frequent or unpredictable physical aggression;
(C)
being markedly withdrawn and isolated;
(D)
major self-injurious actions to include recent suicide
attempts; and
(E)
difficulties that present a significant risk of harm to
self or others.
(2)
a child who abuses alcohol, drugs, or other conscious-altering
substances whose characteristics include one or more of the following:
(A)
severe impairment because of the substance abuse; and
(B)
a primary diagnosis of substance abuse or dependency.
(3)
a child with developmental delays or mental retardation
whose characteristics include one or more of the following:
(A)
severely impaired conceptual, social, and practical adaptive
skills to include daily living and self-care;
(B)
severe impairment in communication, cognition, or expressions
of affect;
(C)
lack of motivation or the inability to complete self-care
activities or participate in social activities;
(D)
inability to respond appropriately to an emergency; and
(E)
multiple physical disabilities including sensory impairments.
(4)
a child with primary medical or habilitative needs whose
characteristics include one or more of the following:
(A)
regular or frequent exacerbations or interventions in relation
to the diagnosed medical condition;
(B)
severely limited daily living and self-care skills;
(C)
non-ambulatory or confined to a bed; and
(D)
constant access to on-site, medically skilled caregivers
with demonstrated competencies in the interventions needed by children in
their care.
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 January 29, 2004.
TRD-200400577
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §700.2361, §700.2363
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029.
§700.2361.What is the description of the Intense Service Level?
(a)
The Intense Service Level consists of a high degree of
structure, preferably in a family, to limit the child's access to environments
as necessary to protect the child. The caregivers have specialized training
to provide intense therapeutic and habilitative supports and interventions
with limited outside access, including:
(1)
24-hour supervision to ensure the child's safety and sense
of security, which includes frequent one-to-one monitoring with the ability
to provide immediate on site response;
(2)
affection, reassurance, and involvement in therapeutic
activities appropriate to the child's age and development to promote the child's
well-being;
(3)
contact, in a manner that is deemed in the best interest
of the child, with family members and other persons significant to the child,
to maintain a sense of identity and culture;
(4)
therapeutic, habilitative, and medical intervention and
guidance that is frequently scheduled and professionally designed and supervised
to help the child attain functioning more appropriate to the child's age and
development; and
(5)
consistent and frequent attention, direction, and assistance
to help the child attain stabilization and connect appropriately with the
child's environment.
(b)
In addition to the description in subsection (a) of this
section, a child with developmental delays or mental retardation needs professionally
directed, designed, and monitored interventions to enhance mobility, communication,
sensory, motor, and cognitive development, and self-help skills.
(c)
In addition to the description in subsection (a) of this
section, a child with primary medical or habilitative needs requires frequent
and consistent interventions. The child may be dependent on people or technology
for accommodation and require interventions designed, monitored, or approved
by an appropriately constituted interdisciplinary team.
§700.2363.What are the characteristics of a child that needs the Intense Service Level?
A child needing intense services has severe problems in one or more
areas of functioning that present an imminent and critical danger of harm
to self or others. The children needing intense services may include:
(1)
a child whose characteristics include one or more of the
following:
(A)
extreme physical aggression that causes harm;
(B)
recurring major self-injurious actions to include serious
suicide attempts;
(C)
other difficulties that present a critical risk of harm
to self or others; and
(D)
severely impaired reality testing, communication skills,
cognitive, affect, or personal hygiene.
(2)
a child who abuses alcohol, drugs, or other conscious-altering
substances whose characteristics include a primary diagnosis of substance
dependency in addition to being extremely aggressive or self-destructive to
the point of causing harm.
(3)
a child with developmental delays or mental retardation
whose characteristics include one or more of the following:
(A)
impairments so severe in conceptual, social, and practical
adaptive skills that the child's ability to actively participate in the program
is limited and requires constant one- to-one supervision for the safety of
self or others; and
(B)
a consistent inability to cooperate in self-care while
requiring, constant one-to-one supervision for the safety of self or others.
(4)
a child with primary medical or habilitative needs that
present an imminent and critical medical risk whose characteristics include
one or more of the following:
(A)
frequent acute exacerbations and chronic, intensive interventions
in relation to the diagnosed medical condition;
(B)
inability to perform daily living or self-care skills;
and
(C)
medical supervision, 24-hour on-site, to sustain life support.
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 January 29, 2004.
TRD-200400578
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §§700.2401 - 700.2407
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeals implement the Human Resources Code, §40.029.
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 January 29, 2004.
TRD-200400579
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
40 TAC §700.2501, §700.2502
The amendments are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The amendments implement the Human Resources Code, §40.029.
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 January 29, 2004.
TRD-200400580
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 438-3437
Subchapter H. ADOPTION ASSISTANCE PROGRAM
The Texas Department of Protective and Regulatory Services (PRS) adopts
amendments to §§700.801, 700.820, and 700.821; adopts the repeal
of §700.863; and adopts new §700.863, without changes to the proposed
text published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11240).
The justification for the sections is to clarify definitions and jurisdictional
requirements. In 2001, the rules pertaining to adoption assistance were revised
to simplify the language. Since adoption of the rules, changes needed to further
clarify the requirements have been identified. Also, adoption of the clarifications
will reflect the department's compliance with federal law and policy.
The sections will function by providing additional clarity to the rules
and requirements in the adoption assistance program.
No comments were received regarding adoption of the sections.
1.
PROGRAM DESCRIPTION AND DEFINITIONS
40 TAC §700.801
The amendment is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The amendment implements the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 29, 2004.
TRD-200400587
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 438-3437
40 TAC §700.820, §700.821
The amendments are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The amendments implement the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 29, 2004.
TRD-200400588
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 438-3437
40 TAC §700.863
The repeal is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeal implements the Texas Family Code, Chapter 162, Subchapter D,
Adoption Assistance Program, and Title IV-E of the Social Security Act (42
U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 29, 2004.
TRD-200400589
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 438-3437
40 TAC §700.863
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new section implements the Texas Family Code, Chapter 162, Subchapter
D, Adoption Assistance Program, and Title IV-E of the Social Security Act
(42 U.S.C. §673), which require that the department implement an adoption
assistance program for special needs children.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 29, 2004.
TRD-200400590
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 438-3437
Subchapter D. PERSONNEL
4.
PROFESSIONAL DEVELOPMENT
40 TAC §746.1315, §746.1329
The Texas Department of Protective and Regulatory Services
(PRS) adopts amendments to §746.1315 and §746.1329, without changes
to the proposed text published in the December 19, 2003, issue of the
Current minimum standards for child day-care operations require that CPR
training be conducted by the American Red Cross (ARC), American Heart Association
(AHA) or by a training program that has been approved by the local Emergency
Medical Services Authority, or is offered through the local hospital. Training
offered by persons with instructor certification from the ARC or AHA or training
approved by the Texas Department of Health-Bureau of Emergency Management
for EMS certification will also comply. The standards regarding CPR training
were written to ensure that instructors know and train caregivers on up-to-date
techniques and information, from organizations recognized as setting, or which
subscribe to, the national standards for emergency cardiac care. Although
the organizations listed in the minimum standard are readily available and
easily recognized in all parts of Texas, the list narrowed the variety of
resources for CPR training. As a result, a number of concerns have been expressed
by businesses that operate outside the parameters of the current rules but
want to continue offering CPR training to caregivers. In response to these
concerns, the rules are amended to broaden the scope of acceptable sources
for CPR training, and facilitate the availability of these businesses to the
child-care community, while still meeting the purpose of the standard. Additionally,
rules addressing the verification of CPR/first-aid training are revised to
allow a photocopy of the training certification card or letter to be maintained
in the personnel record, rather than the original. Many caregivers prefer
to carry the original certification card with them at all times. Adding the
phrase "college credit hours" will make §746.1329 consistent with existing §746.1321,
which allows college courses to count toward annual training requirements.
The amendments will function by increasing the variety of resources available
for child-care operators to select from for CPR training when meeting the
minimum standards.
During the comment period, PRS received comments from the American Safety
and Health Institute, EMS Safety Services, the National Safety Council, and
one individual. A summary of the comments and responses follows:
Comments concerning §746.1315: PRS received four comments supporting
the proposed change. Two of the commenters support proposed changes to the
rule with recommendations. One proposed change requested the organization's
name be added to the rule. The other proposed change noted a conflict between §746.1315
and §746.1329 regarding the documentation of training.
Response: PRS is adopting this section without change. Names of organizations
offering CPR training were removed from the rule to broaden the scope of acceptable
sources. Section 746.1315 and §746.1329 do not conflict with one another
because §746.1315 specifically addresses CPR and first aid training,
and §746.1329 addresses documentation for all types of training, including
some training that can be self-instructional.
The amendments are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs; HRC §42.042, which requires the department to
make rules and promulgate minimum standards to carry out the provisions of
the HRC, Chapter 42; and HRC §42.002, which gives the department primary
responsibility for regulating child care operations.
The amendments implement the Human Resources Code, §42.042 and §42.0426.
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 January 29, 2004.
TRD-200400585
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 438-3437
Subchapter D. PERSONNEL
Subchapter M. SUBSTITUTE-CARE SERVICES
Subchapter Q. PURCHASED PROTECTIVE SERVICES
Subchapter W. DEFINITIONS OF LEVELS OF CARE
Subchapter W. LEVEL-OF-CARE SERVICE SYSTEM
2.
MODERATE SERVICE LEVEL
3.
SPECIALIZED SERVICE LEVEL
4.
INTENSE SERVICE LEVEL
Subchapter X. LEVEL-OF-CARE STANDARDS FOR FOSTER CAREGIVERS
Subchapter Y. CONTRACTING WITH LICENSED RESIDENTIAL CHILD-CARE PROVIDERS
Chapter 700.
CHILD PROTECTIVE SERVICES
2.
TITLE IV-E ELIGIBILITY REQUIREMENTS
4.
CHANGES IN CIRCUMSTANCES
Chapter 746.
MINIMUM STANDARDS FOR CHILD-CARE CENTERS
Chapter 747.
MINIMUM STANDARDS FOR CHILD-CARE HOMES