TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 18. TEXAS CHILD CARE DEVELOPMENT BOARD

Chapter 631. STANDARDS FOR STATE AGENCY EMPLOYEE CHILD CARE FACILITIES

40 TAC §631.1, §631.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Building and Procurement Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Building and Procurement Commission (TBPC) proposes the repeal of Title 40, Texas Administrative Code, Chapter 631, §631.1 and §631.2 (relating to Standard for State Agency Employee Child Care Facilities). These rules originally were adopted by the Child Care Development Board in 1992. The Legislature abolished the Child Care Development Board in 2001 and assigned its duties and existing rules to the TBPC in Texas Government Code, Chapter 663. The Texas Child Care Development Board no longer exists.

Ms. Ingrid K. Hansen, General Counsel, has determined for the first five-year period the repeal is in effect there will be no fiscal implications for state or local governments.

Ms. Hansen has further determined that for each year of the first five-year the repeal is in effect, the public benefit anticipated as a result of the repeal will be more efficient and well-organized rules.

There will not be any effect on large, small or micro-businesses that routinely participate in state business opportunities because of the repeal of these rules. There will be no anticipated economic costs to persons who are required to comply with the rules and there is no impact on local employment.

Comments on the proposals may be submitted to Rules Coordinator, Legal Services Division, Texas Building and Procurement Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments may also be sent via email to: rulescomments@tbpc.state.tx.us. Comments must be received no later than thirty days from the date of publication of the proposal to the Texas Register . Questions concerning this proposed repeal can be directed to Ms. Connie K. Sanders at (512) 463-7829.

The repeal of the existing rules is proposed under Texas Government Code §663.101(b) and Act of September 1, 2001, 71st Leg., R.S., ch. 761, 2001 Tex. Gen. Laws 1494, 1499, which authorizes the Texas Building and Procurement Commission to take appropriate action with respect to the rules of the Child Care Development Board.

The following code section is affected by these rules: Texas Government Code §663.101.

§631.1.Purpose.

§631.2.Standards and Procedures.

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 April 24, 2006.

TRD-200602269

Ingrid K. Hansen

General Counsel, Texas Building and Procurement Commission

Texas Child Care Development Board

Earliest possible date of adoption: June 4, 2006

For further information, please call: (512) 463-7829


Part 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Chapter 700. CHILD PROTECTIVE SERVICES

Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES

The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), the repeal of §700.316 and new §700.316, concerning eligibility requirements for Title IV-E, MAO, and state-paid foster-care assistance, and an amendment to §700.324, concerning re-determination of foster care eligibility in its Child Protective Services chapter. The purpose of the proposal 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 (H.B.) 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. H.B. 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 (S.B.) 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. S.B. 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.

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 fiscal implications for state government as a result of enforcing or administering the sections. The effect on state government for the first five-year period the amendments will be in effect is an estimated additional cost of $778,513 for fiscal year (FY) 2007 as a result of an increase of 37 children in paid foster care; $1,117,331 for FY 2008 as a result of an increase of 53 children in paid foster care; $1,496,648 for FY 2009 as a result of an increase of 71 children in paid foster care; $1,950,825 for FY 2010 as a result of an increase of 92 children in paid foster care; and $2,209,195 for FY 2011 as a result of an increase of 104 children in paid foster care. Ms. Brown has determined that the fiscal impact of implementing the policy for H.B. 614 prior to adoption of these rules will have a minor impact in FY 2006; it is anticipated that approximately 21 additional children will be served in extended foster care at an additional cost of $453,489. The increased workloads resulting from this change will be absorbed by existing DFPS substitute care staff and eligibility staff. There will be no fiscal implications for 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 youth reaching adult age while in the foster care system will have additional living options and a smoother transition into adulthood and independent living. 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 Candice Holmes at (512) 438-3250 in DFPS's Child Protective 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-343, 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 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.

40 TAC §700.316

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Department of Family and Protective Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal 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 repeal implements Texas Family Code (TFC) §264.101(a-1) and §264.101(d).

§700.316.Eligibility Requirements for Title IV-E, MAO, and State-Paid Foster-Care Assistance.

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 April 20, 2006.

TRD-200602255

Gerry Williams

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: June 4, 2006

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


40 TAC §700.316, §700.324

The amendment and new section are 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 amendment and new section implement Texas Family Code (TFC) §264.101(a-1) and §264.101(d).

§700.316.Eligibility Requirements for Title IV-E, MAO, and State-Paid Foster-Care Assistance.

(a) The child or youth must meet all of the following criteria to be eligible for Title IV-E, Medical Assistance Only (MAO), or state-paid foster care assistance.

(1) Responsibility for placement and care. The Texas Department of Family and Protective Services (DFPS) must have the responsibility for the child's placement and care. This requirement is met if:

(A) The child is placed in DFPS's managing conservatorship by written court order issued under Title 5, Texas Family Code;

(B) DFPS takes possession of a child under Texas Family Code §262.204;

(C) The child lives with his minor parent, and the minor parent is in DFPS's managing conservatorship. The child and the minor parent must reside together in the same foster family home or residential child-care operation; or

(D) The youth is in conservatorship immediately preceding his 18th birthday, and:

(i) has capacity and has signed a voluntary Extended Foster Care Agreement; or

(ii) lacks capacity and the Texas Department of Aging and Disability Services (DADS) has applied for and is granted guardianship.

(2) Age, educational, and vocational requirements.

(A) The child must be less than 18 years old; or

(B) If a youth in foster care turns 18 years old, and is receiving foster care assistance, the youth's eligibility for foster care assistance ends on the last day of the month of his 18th birthday, unless one of the following conditions is satisfied:

(i) The youth is enrolled in and attending full time a high school or a program leading toward a high school diploma. In this case the youth's eligibility is extended until the end of the month the youth completes or withdraws from high school, or the end of the month in which the youth turns 22 years old, whichever comes first;

(ii) The youth has been accepted for admission to a college or vocational program that does not begin immediately. In this case the youth's eligibility is extended for a period not to exceed three and one-half months following the end of the month in which the youth graduates from high school or obtains a General Equivalence Diploma ("GED");

(iii) The youth is enrolled in and attending GED classes full time and is expected to complete the classes by his 19th birthday. In this case the youth's eligibility is extended until the end of the month the youth completes or withdraws from the classes, or the end of the month in which the youth turns 19 years old, whichever comes first;

(iv) The youth is enrolled in and attending full time a vocational or technical training program and is expected to complete the program before his 21st birthday. In this case the youth's eligibility is extended until the end of the month the youth completes or withdraws from the program, or the end of the month in which the youth turns 21 years old, whichever comes first; or

(v) The youth receives a GED, enrolls in a vocational or technical training program before his 18th birthday, and is expected to complete the program before or during the month of his 19th birthday. In this case the youth's eligibility for Title IV-E foster care eligibility is extended until the end of the month in which he completes or withdraws from the program, or the end of the month in which the youth turns 19 years old, whichever comes first.

(3) Placement. The child must be receiving care in Texas in a licensed or verified foster home or a licensed or certified residential child-care operation approved for DFPS foster-care assistance, except in the following circumstances:

(A) The child is in permanent foster family care and the foster family moves out of state. The foster family must secure foster care licensing in the new state of residence within 90 days, or the child's eligibility for foster care assistance will be terminated until appropriate licensing is secured. The DFPS program director may grant one extension of no more than 60 days, but only if it is clear that the foster family will be licensed in the additional time;

(B) The child is removed from an out-of-state adoptive or foster care placement; and DFPS determines that another out-of-state placement will better meet the child's needs than a return to Texas; or

(C) Under the service plan, the child is to be reunited with his biological family and must move out-of-state in order to live near the family.

(4) Resources. The child must not have equity in real or personal property in excess of:

(A) $10,000 if the child does not receive Supplemental Security Income (SSI); or

(B) $2,000 if the child receives SSI.

(5) Income. The child's monthly income must be less than the daily rate paid to the residential child-care operation for the child's maintenance. Countable income includes SSI; Retirement, Survivors, and Disability Insurance (RSDI); Veterans Administration (VA) benefits; any other dependent or survivor's income; funds resulting from the child's Indian heritage; or other income from private sources. The following types of income are not counted in determining eligibility:

(A) Earnings of a child who is a:

(i) full-time student; or

(ii) part-time student working less than 30 hours per week;

(B) Money given as a gift on an irregular basis by the parent to the child;

(C) Educational scholarships, loans, or grants provided to the child for purposes other than regular maintenance; and

(D) Child support payments received by or forwarded to the Office of the Attorney General.

(6) Lump-sum Income. Non-recurring lump-sum payments must be handled in accordance with all applicable state and federal laws and regulations. Lump sums placed in a trust inaccessible to the child do not affect a child's foster care eligibility.

(7) Social Security number. If eligible, the child must have, or must have applied for, a Social Security number.

(b) The following conditions determine the type of foster care assistance for which a youth qualifies if remaining in foster care past age 18 years:

(1) If the youth is enrolled in and attending full time a high school, GED classes, or a vocational or technical training program, and is scheduled to graduate or obtain a GED before or during the month of his 19th birthday, and the youth is not a ward of DADS, the youth's extension of foster care can remain Title IV-E until he completes or withdraws from high school, the GED classes, or the vocational or technical program, or the end of the month of the youth's 19th birthday, whichever comes first;

(2) If the youth is enrolled in and attending full time a high school or a program leading toward a high school diploma, but is not scheduled to graduate by his 19th birthday, the youth's foster care can be extended as state-paid until the end of month the youth completes or withdraws from high school, or the end of the month in which the youth turns 22 years old, whichever comes first;

(3) If the youth is enrolled in and attending full time a vocational or technical training program and is not expected to complete the program by his 19th birthday, the youth's foster care may be extended as state-paid and may continue until the end of the month the youth completes or withdraws from the program, or the end of the month the youth turns 21 years old, whichever comes first; or

(4) If the youth is eligible for the extension of foster care assistance as specified in subsection (a)(2)(B)(ii) of this section, the extension of foster care is state-paid at the Basic Service Level or the facility's lowest contracted rate.

§700.324. Re-determination [ Redetermination ] of Foster Care Eligibility.

[ (a) ] The Texas Department of Family and Protective [ and Regulatory ] Services (DFPS) [ (PRS) ] must re-determine [ redetermine ] a child's eligibility for aid to families with dependent children (AFDC), medical assistance only (MAO), and state-paid foster care assistance:

(1) at least every 12 months; [ and ]

(2) whenever changes in the child's circumstances affect his eligibility ; and [ . ]

(3) if a move affects the child's eligibility, or the rate of foster care payment.

[ (b) When a child moves to another facility, TDPRS must redetermine the child's eligibility if: ]

[ (1) the move affects the child's eligibility or the rate of foster care payment; or ]

[ (2) the child is leaving a for-profit facility into which he was placed at the Intense Service Level under the requirements specified in §700.316(4)(D) of this title (relating to Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance). ]

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 April 20, 2006.

TRD-200602256

Gerry Williams

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: June 4, 2006

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


Subchapter Y. CONTRACTING WITH LICENSED RESIDENTIAL CHILD-CARE PROVIDERS

40 TAC §700.2501

The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), an amendment to §700.2501, concerning general requirements for contracting with licensed residential child-care providers, in its Child Protective Services chapter. The purpose of 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.

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 the rules will be consistent with the federal laws, which will allow for a larger pool of residential providers. 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 proposal may be directed to Jeannie Coale at (512) 438-4072 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-345, 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 amendment 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 amendment 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 amendment implements Public Law 119-113, the Fair Access Foster Care Act of 2005, as it amends §472(b) of the Social Security Act.

§700.2501.General Requirements for Contracting with Licensed Residential Child-Care Providers.

(a) Program description. The Texas Department of Family and Protective [ and Regulatory ] Services (DFPS) [ (TDPRS) ] contracts with licensed residential child-care providers to provide substitute care to children in DFPS's [ TDPRS's ] managing conservatorship.

(b) Licensing and service [ Organizational and licensing ] requirements. To enter into a contract with DFPS [ TDPRS ] to provide substitute care to children in DFPS's [ TDPRS's ] managing conservatorship, a licensed residential child-care provider must meet the following [ organizational and ] licensing and service requirements:

[ (1) Requirement for nonprofit status. The provider must be a governmental or legally incorporated nonprofit entity unless the entity is licensed as and contracting for services as a residential treatment center or is licensed as described in paragraph (2)(B) of this subsection, in which case the entity may be a for-profit entity. ]

(1) [ (2) ] [ Licensing. ] The provider must have a current, valid license to provide 24-hour residential child care in Texas ; [ . ]

(2) The provider must:

(A) offer services consistent with one of the types of licensed caregivers specified in §700.1321(a)-(d) of this title (relating to Types of Licensed Caregivers); or

(B) be a child-placing agency with the authority to verify foster caregivers as specified in Chapter 42, Human Resources Code; and

(3) The license must be issued by:

(A) DFPS's [ TDPRS's Office of ] Child-Care Licensing Division (CCL); or

(B) one of the state agencies specified in §700.1321(e) of this title (relating to Types of Licensed Caregivers).

[ (3) Types of CCL-licensed caregivers. If the provider is licensed by CCL, the provider must: ]

[ (A) be: ]

[ (i) a foster family-home; ]

[ (ii) a foster group-home; ]

[ (iii) a residential group-care facility; or ]

[ (iv) an emergency shelter, as specified in §700.1321(a)-(d) of this title (relating to Types of Licensed Caregivers); or ]

[ (B) be a child-placing agency with the authority to verify foster caregivers as specified in Chapter 42, Human Resources Code. ]

[ (4) For-profit caregivers licensed by other agencies. A for-profit caregiver licensed by another agency may not be a child-placing agency, and may receive contracts to serve only children needing Moderate, Specialized, and Intense Service Levels. ]

(c) General service requirements. In addition to meeting applicable licensing requirements, the provider must ensure that its organizational structure, its staff, and the services it provides to children in DFPS's [ TDPRS's ] managing conservatorship satisfy all applicable requirements set forth in:

(1) - (2) (No change.)

(d) (No change.)

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 April 20, 2006.

TRD-200602257

Gerry Williams

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: June 4, 2006

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


Chapter 705. ADULT PROTECTIVE SERVICES

Subchapter L. RISK ASSESSMENT

40 TAC §705.6101

The Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Family and Protective Services (DFPS), new §705.6101, concerning risk assessment for in-home cases, in its Adult Protective Services chapter. The purpose of the new section is to outline the risk assessment criteria staff will use when assessing risk during an investigation of alleged abuse, neglect, and exploitation. The new section is the result of Senate Bill 6, 79th Legislature, Regular Session, 2005, which amended Human Resources Code, §48.004. This section states that the Executive Commissioner of HHSC, by rule, shall develop and maintain risk assessment criteria for use by department personnel in determining whether an elderly or disabled person is in imminent risk of abuse, neglect, or exploitation; is in a state of abuse, neglect, or exploitation; or needs protective services.

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 a more thorough and complete assessment of the client's functioning and environment. Enhanced assessments provide better outcomes for clients that are victims of abuse, neglect, or exploitation. 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 Dana Williamson at (512) 438-3182 in DFPS's Adult Protective 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-342, 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, §48.004, as amended by §2.06 of Senate Bill 6, 79th Legislature, Regular Session.

§705.6101.Risk Assessment for In-Home Cases.

(a) An assessment shall be completed during an in-home investigation of abuse, neglect, or exploitation to assist in determining whether the client is at imminent risk of abuse, neglect, or exploitation; is in a state of abuse, neglect, or exploitation; or needs protective services. The assessment includes the following criteria:

(1) Living conditions;

(2) Financial status;

(3) Physical/medical status;

(4) Mental status;

(5) Social interaction/support; and

(6) Need for legal intervention.

(b) A caseworker must consult with a supervisor when:

(1) Abuse, neglect, or exploitation is validated;

(2) The client faces a threat to life or a serious, imminent threat to physical safety; and

(3) The client has refused protective services.

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 April 19, 2006.

TRD-200602250

Gerry Williams

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: June 4, 2006

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


Chapter 732. CONTRACTED SERVICES

Subchapter L. CONTRACT ADMINISTRATION

40 TAC §732.203

The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), an amendment to §732.203, concerning how long may a contract period last and when may the contract be renewed, in its Contracted Services chapter. The purpose of the amendment is to allow a longer timeframe for initial contract periods and renewals for outsourcing the delivery of substitute care and case management services, and the evaluation of these services. Senate Bill 6, 79th Legislature, Regular Session, 2005, added Chapter 45, Privatization of Substitute Care and Case Management Services to the Human Resources Code. Chapter 45 requires DFPS to outsource substitute care and case management services. The outsourcing must be completed by September 1, 2011.

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 there will be a new structural model for child welfare services resulting in community-centered delivery of substitute care and case management services that improves child protective services, achieves timely permanency, and improves the overall well-being of children. 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 proposal may be directed to Jeannie Coale at (512) 438-4072 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-345, 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 amendment 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 amendment 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 amendment implements Human Resources Code §45.004(a).

§732.203.How long may a contract period last and when may the contract be renewed?

(a) - (c) (No change.)

(d) For outsourcing the delivery of substitute care, case management services, and the evaluation of the provision of these services, the Department may competitively procure contracts containing:

(1) an initial contract period not to exceed 60 months; and

(2) two renewal options with each option not exceeding 24 months.

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 April 20, 2006.

TRD-200602258

Gerry Williams

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: June 4, 2006

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