Subchapter G. TRAINING AND EDUCATION

The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§704.1, 704.3, 704.205, and 704.207; and new §§704.209, 704.701, and 704.703, concerning the Community-Based Family Services Grant Program, in its Prevention and Early Intervention (PEI) chapter. Senate Bill 6, 79th Legislature, Regular Session, 2005, requires DFPS to administer a grant program to provide funding to community organizations, including faith-based or county organizations, to respond to (1) low-priority, less serious cases of abuse and neglect; and (2) cases in which an allegation of abuse or neglect of a child was unsubstantiated, but involved a family that has been previously investigated for abuse or neglect of a child. These rules implement the Community-Based Family Services Grant Program. DFPS is also making the following clarifications. Section 704.205 is revised to delete the reference to the Communities In Schools Program because DFPS no longer administers the program. Section 704.207 is revised to reference the Electronic State Business Daily, where PEI currently posts procurements. New §704.209 explains how PEI administers grants, which is according to the rules specified in Chapter 732, Contracted Services. Chapter 732 also explains the submission and approval of grant requests as well as cancellation of grants. And in several rules, references to Department of Protective and Regulatory Services are changed to Department of Family and Protective Services.

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

Ms. Brown also has determined that for each year of the first five years the proposed amendments and new sections are in effect the public benefit anticipated as a result of enforcing the amended and new sections will be that contractors and potential contractors will have a clearer understanding of DFPS's contracting procedures for procurement, awarding, and cancellation of grants. Also, the rules will further explain the implementation parameters of the Community-Based Family Services Grant Program. There will be no adverse effect on large, small, or micro-businesses because the proposed changes and new sections 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 amendments and new sections.

Questions about the content of the proposal may be directed to Rachel Porter-Daniel at (512) 821-4745 in DFPS's Purchased Client Services Division. Electronic comments may be submitted to Marianne.Mcdonald@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-354, 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 and new sections 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. PURPOSE AND DEFINITIONS

Subchapter M. CONFIDENTIALITY AND RELEASE OF RECORDS