Part 18.
TEXAS CHILD CARE DEVELOPMENT BOARD
Chapter 631.
STANDARDS FOR STATE AGENCY EMPLOYEE CHILD CARE FACILITIES
40 TAC §631.1, §631.2
The Texas Building and Procurement Commission (TBPC) adopts
the repeal of 40 TAC §631.1 and §631.2, concerning standards for
state agency employee child care facilities. The repeal is adopted without
changes to the proposal as published in the May 5, 2006, issue of the
These rules are being repealed because the Texas Child Care Development
Board no longer exists and there is no longer a need for these rules.
No comments were received regarding the proposed repeal.
The repeal is adopted under Texas Government Code §663.101(b)
and Act of September 1, 2001, 77th Leg., R.S. ch. 761, 2001 Tex. Gen. Laws
1494, 1499, authorizing the TBPC to adopt rules relating to the Child Care
Development Board.
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 July 21, 2006.
TRD-200603836
Ingrid K. Hansen
General Counsel, Texas Building and Procurement Commission
Texas Child Care Development Board
Effective date: August 10, 2006
Proposal publication date: May 5, 2006
For further information, please call: (512) 463-3562
Chapter 700.
CHILD PROTECTIVE SERVICES
Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
The Health and Human Services Commission adopts, on behalf of the
Department of Family and Protective Services (DFPS), the repeal of §700.316,
new §700.316, and an amendment to §700.324, without changes to the
proposed text as published in the May 5, 2006, issue of the
Texas Register
(31 TexReg 3660).
The justification for the sections is to update the rule based on legislation
passed in the 79th Legislature, Regular Session, 2005, and to conform to current
federal regulations. There are four primary changes. House Bill (HB) 614 amended §264.101(a)
of the Texas Family Code (TFC) to require that DFPS continue to pay for foster
care for a youth who is enrolled in high school or a secondary school program.
Under this statute, eligibility for extended foster care extends until the
youth graduates, leaves school, or turns 22 years old. The current rule only
paid foster care for those youth expected to complete high school by age 20.
HB 614 was effective May 10, 2005, and DFPS has implemented the change through
policy. The second change provides for an extension of foster care up to the
age of 21 for youth enrolled in vocational or technical training. This is
consistent with Senate Bill (SB) 6, which directs DFPS to address the unique
challenges that foster children face when transitioning to independent living,
and is authorized under TFC, §264.101(d). The current rule only provides
for foster care funding up to age 19 years for qualified youth. The third
change deletes the requirement that placements be nonprofit, which conforms
with current federal regulations that no longer restrict payments to nonprofit
entities. The fourth change addresses eligibility for foster care for those
incapacitated youth for whom the Texas Department of Aging and Disability
Services becomes guardian. SB 6 moved the Adult Protective Services guardianship
program for incapacitated children aging out of CPS conservatorship to the
Texas Department of Aging and Disability Services.
The sections will function by ensuring that youth reaching adult age while
in the foster care system will have additional living options and a smoother
transition into adulthood and independent living.
No comments were received regarding adoption of the sections.
40 TAC §700.316
The repeal is adopted under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide 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; and 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.
The repeal implements Texas Family Code (TFC) §264.101(a-1) and §264.101(d).
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 July 24, 2006.
TRD-200603892
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2006
Proposal publication date: May 5, 2006
For further information, please call: (512) 438-3437
40 TAC §700.316, §700.324
The amendment and new section are adopted under Human Resources
Code (HRC) §40.0505 and Government Code §531.0055, which provide
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; and
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.
The amendment and new section implement Texas Family Code (TFC) §264.101(a-1)
and §264.101(d).
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 July 24, 2006.
TRD-200603893
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2006
Proposal publication date: May 5, 2006
For further information, please call: (512) 438-3437
40 TAC §700.2501
The Health and Human Services Commission adopts, on behalf
of the Department of Family and Protective Services (DFPS), an amendment to §700.2501,
without changes to the proposed text published in the May 5, 2006, issue of
the
Texas Register
(31 TexReg 3662). The justification
for the amendment is to update the rule to comply with the Fair Access to
Foster Care Act, Public Law 109-113, which allows foster care maintenance
payments to be paid on behalf of eligible children to either a nonprofit or
for-profit child-placing agency, and to clarify recent changes made to the
residential child-care licensing rules.
The amendment will function by ensuring that the rules are consistent with
the federal laws, which will allow for a larger pool of residential providers.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide 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; and 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.
The amendment implements Public Law 119-113, the Fair Access Foster Care
Act of 2005, as it amends §472(b) of the Social Security Act.
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 July 21, 2006.
TRD-200603845
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2006
Proposal publication date: May 5, 2006
For further information, please call: (512) 438-3437
Subchapter L. RISK ASSESSMENT
40 TAC §705.6101
The Health and Human Services Commission (HHSC) adopts, on
behalf of the Department of Family and Protective Services (DFPS), new §705.6101,
without changes to the proposed text published in the May 5, 2006, issue of
the
Texas Register
(31 TexReg 3664).
The justification for the new section is to outline the risk assessment
criteria adult protective services staff will use when assessing risk during
an investigation of alleged abuse, neglect, and exploitation of an elderly
or disabled person. The new section is the result of Senate Bill 6, 79th Legislature,
Regular Session, 2005, which amended Human Resources Code, §48.004.
The section will function by ensuring staff are aware of the criteria used
to evaluate risk to the safety and well-being of an elderly or disabled client
who is in a state of abuse, neglect, or exploitation.
No comments were received regarding adoption of the section.
The new section is adopted under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide 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; and 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.
The new section implements HRC, §48.004, as amended by §2.06
of Senate Bill 6, 79th Legislature, Regular Session.
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 July 21, 2006.
TRD-200603847
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2006
Proposal publication date: May 5, 2006
For further information, please call: (512) 438-3437
Subchapter L. CONTRACT ADMINISTRATION
Part 19.
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Subchapter Y. CONTRACTING WITH LICENSED RESIDENTIAL CHILD-CARE PROVIDERS
Chapter 705.
ADULT PROTECTIVE SERVICES
Chapter 732.
CONTRACTED SERVICES