TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES

Chapter 109. DEAF AND HARD OF HEARING SERVICES

Subchapter B. BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION

7. CERTIFIED COURT INTERPRETERS

40 TAC §109.913

The Texas Health and Human Services Commission proposes to amend Title 40, Part 2, Chapter 109, §109.913 of the rules of the Department of Assistive and Rehabilitative Services, concerning the training and qualification requirements for taking the certified court interpreter examination administered by the Office for Deaf and Hard of Hearing Services.

The amendment is being proposed to identify the approved courses of instruction in courtroom interpretation skills and training programs for certified court interpreters, as provided by Government Code, §57.022(b)(2).

Bill Wheeler, Chief Financial Officer, Department of Assistive and Rehabilitative Services, estimates that for each year of the first five years that the amended rule will be in effect, there will be no material fiscal implications for state or local government.

Mr. Wheeler also estimates that for each year of the first five years the amended rule will be in effect, the public benefit anticipated as a result of adopting the proposed amendment will be the agency's compliance with House Bill 2292, 78th Legislature, Regular Session, and other existing provisions of law pertaining to provision of health and human services in Texas. There will be no material economic cost to persons who are required to comply with the rule as proposed for amendment. There should be no material effect to small or micro businesses. In accordance with Government Code §2001.022, the Health and Human Services Commission has determined that the proposed amendment will not affect a local economy.

Comments on the proposal may be submitted to Roger Darley, Deputy General Counsel, Department of Assistive and Rehabilitative Services, 4800 North Lamar Boulevard, Suite 300, Austin, Texas 78756.

The amendment is proposed under the Government Code, Chapter 531, §531.0055(e), which provides the Executive Commissioner of the Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.

No other statute, article, or code is affected by this proposal.

§109.913.Training and Qualifications to Take Examination.

(a) Prior to taking the court interpreter examination, an applicant must provide to the office proof that the applicant has completed instruction in court interpretation in one of the following methods:

(1) Completion of [ an ] approved courses [ course ] of instruction in courtroom interpretation knowledge and skills with not less than 120 hours of classroom instruction;

(2) Mentoring for not less than 120 hours of actual practice by a certified court interpreter who has been approved to act as a mentor; or

(3) A combination of instruction and mentoring totaling 120 hours.

(b) The current list of approved courses of instruction in courtroom interpretation skills and training programs for interpreters applying for Court Interpreter Certification or certified court interpreters needing continuing education unit credits, may be obtained from the Department of Assistive and Rehabilitative Services, Office for Deaf and Hard of Hearing Services, 4900 North Lamar Blvd., Austin, TX 78751-2399, or by calling the DARS Inquiries Unit, toll-free, 1-800-628-5115.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 23, 2006.

TRD-200600339

Sylvia F. Hardman

General Counsel

Department of Assistive and Rehabilitative Services

Earliest possible date of adoption: March 5, 2006

For further information, please call: (512) 424-4050


Part 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Chapter 705. ADULT PROTECTIVE SERVICES

Subchapter K. TRAINING AND EDUCATION

40 TAC §705.5101

The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), new §705.5101, concerning what is DFPS's policy on training adult protective services staff, in its Adult Protective Services (APS) chapter. The purpose of the new section is to ensure that actual case examples investigated by APS staff be incorporated into APS training as mandated by Senate Bill (S.B.) 6, 79th Legislature, Regular Session, 2005.

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

Ms. Brown also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that APS staff will have a better understanding of the different types of APS cases investigated, thereby increasing the quality of services provided to vulnerable adults. There will be no effect on large, small, or micro-businesses because the proposed change does not impose new requirements on any business and does 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 section.

Questions about the content of the proposal may be directed to Carolyn Bivens at (512) 719-6164 in DFPS's Policy and Innovation Division. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-340, 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 section does 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, does not constitute a taking under §2007.043, Government Code.

The new section is proposed 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 §40.035, as amended by §2.03 of Senate Bill 6, 79th Legislature, Regular Session, 2005.

§705.5101.What is DFPS's policy on training Adult Protective Services staff?

(a) DFPS provides the professional development of all Adult Protective Services staff through training and education programs in compliance with Human Resources Code, §40.035, and Subchapter G of Chapter 702 of this title (relating to Training and Education).

(b) Adult Protective Services training incorporates actual case examples that are realistic and indicative of the employee's current or prospective duties.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 20, 2006.

TRD-200600319

Gerry Williams

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: March 5, 2006

For further information, please call: (512) 438-3437