The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§720.66, 720.233, 720.335, 720.406, and 720.905, concerning serious incident reporting requirements, reports and records, emergency reports and records in the independent foster group homes, and administrative reports and records, in its 24-Hour Care Licensing chapter. The proposed changes are the result of requirements in Senate Bill (SB) 6, 79th Legislature. The bill directs the Executive Commissioner to adopt rules to implement drug-testing requirements for residential child-care facilities. The proposed amendments change the former Department's name to reflect the Licensing Division, and require residential child-care facilities to inform Licensing after learning of an allegation that a person who directly cares for or has access to a child in care has abused drugs within the past seven days.

Cindy Brown, Chief Financial Officer of DFPS, has determined that for the first five- year period the proposed sections will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Ms. Brown also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that the protection of children will be enhanced and the quality of care of children will improve. There will be no effect on large, small, or micro-businesses because the proposed changes do not impose new requirements on any business and do not require the purchase of any new equipment or any increased staff time in order to comply. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Questions about the content of the proposal may be directed to Lizet Alaniz at (512) 438-4538 in DFPS's Licensing Division. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-333, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

HHSC has determined that the proposed amendments do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.

Subchapter A. STANDARDS FOR CHILD-PLACING AGENCIES

40 TAC §720.66

The amendment is proposed under Government Code §531.0055, which provides that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; Human Resources Code (HRC) §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the executive commissioner and the commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department; and HRC, §40.029, which authorizes DFPS to propose and adopt rules to facilitate implementation of Department programs.

The amendment implements the HRC §42.063, as amended by §1.106 of Senate Bill 6, 79th Legislature.

§720.66.Serious Incident Reporting Requirements.

(a) The child-placing agency must report the following types of serious incidents to the Licensing Division [ ~~Texas Department of Protective and Regulatory Services (PRS's) licensing division~~ ] and the child's parents or managing conservator within 24 hours [ ~~by the next workday~~ ]:

(1) any incident where there are indications that a child in care may have been abused or neglected as defined by the Family Code;

(2) abusive activity among children in care including:

(A) non-consensual sexual activity between children of any age;

(B) consensual sexual activity between children with more than 24 months difference in age or when there is a significant difference in size or developmental level of the children;

(3) abusive treatment by caregiver including non-accidental caregiver action which if chronic or intensified, could cause substantial harm to a child, such as a slap to the face, sexual verbalizations; exposing the anus, breast, or any part of the genitals; inappropriate kissing; provision of sexually oriented material to a child other than that used for appropriate sex education and counseling; touching a child in inappropriate ways; and providing drugs or alcohol to a child;

(4) incidents that result in critical injury or permanent disability of a child. A "critical injury" is defined as any life-threatening injury or one that results in hospital intensive care or the need for life-resuscitation methods. It includes any injury that is labeled as "critical" by appropriate medical personnel;