Proposed Rules Title 1

TITLE 1. ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.6

(Editor's note: The text of the following section proposed for repeal will not be published.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 Commission on State Emergency Communications or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Commission on State Emergency Communications (CSEC) files this notice of intent to repeal §251.6, concerning Guidelines for Strategic Plans, Amendments, and Revenue Allocation.

Section 251.6 establishes guidelines for Regional Planning Commissions (RPCs) to follow in developing, amending and submitting to CSEC their regional plans to establish and operate 9-1-1 service. Section 251.6 also includes provisions for allocating appropriated 9-1-1 service fees and equalization surcharge to the RPCs. Section 251.6 is no longer necessary as the relevant guidelines have been moved to CSEC Program Policy Statement (PPS) 033 and the allocation of appropriated funds is determined by state law.

Paul Mallett, CSEC Executive Director, has determined that for each year of the first five years that the repeal is in effect the enforcing or administering of the repeal does not have foreseeable implications relating to cost or revenues of the state or local governments.

Mr. Mallett has also determined that for each year of the first five years that the repeal is in effect the public benefit from the repeal will be the elimination of an extraneous rule that no longer serves a purpose.

The anticipated economic costs to persons who are required to comply with the repeal will remain the same as the RPCs are still required to submit regional plans to CSEC for review and approval. Mr. Mallett has determined that, although no historical data is available, there appears to be no direct effect on small or micro-businesses.

All comments or questions regarding the proposed repeal may be submitted in writing within 30 days following publication of this notice in the Texas Register to Paul Mallett, Executive Director, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942. The text of §251.6 can be found on CSEC's website at http://www.911.state.tx.us/browse.php/rules_legislation.

The repeal of §251.6 is proposed under Texas Health and Safety Code §771.051 and §771.055, which establishes the general jurisdiction of CSEC to develop standards for regional plans. The repeal is proposed in accordance with the process for rulemaking as prescribed by Texas Government Code, Chapter 2001, Subchapter B.

No other statutes, articles, or codes are affected by the proposed repeal.

§251.6.Guidelines for Strategic Plans, Amendments, and Revenue Allocation.

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 June 8, 2007.

TRD-200702343

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 305-6930

1 TAC §251.14

The Commission on State Emergency Communications (Commission) proposes amendments to §251.14, concerning General Provisions and Definitions.

Section 251.14 establishes the general provisions for defining terms utilized within the context of Commission rules. This rule allows for compilation of frequently used 9-1-1 industry related terms used in the rulemaking process. This rule was first adopted by the Commission on January 20, 2005.

The changes proposed are to adopt by reference 9-1-1 related terms and definitions contained within applicable federal and state laws or regulations, Public Utility Commission of Texas rules, and the National Emergency Number Association (NENA) Master Glossary of 9-1-1 Terminology. Alignment will provide consistency for all definitions and acronyms, and will reduce the work required to establish definitions for terms and acronyms consistently utilized by the 9-1-1 entities in Texas. Terms that are unique to the statewide 9-1-1 program will be retained.

Paul Mallett, the Commission's Executive Director, has determined that for each year of the first five years that the amendments are in effect the enforcing or administering the amended section does not have foreseeable implications relating to cost or revenues of the state or local governments.

Mr. Mallett has also determined that for each year of the first five years that the amendments are in effect the public benefit from the changes will be to provide greater clarity regarding the definition of 9-1-1 related terms and acronyms.

There are no anticipated economic costs to persons who are required to comply with the amended section. Mr. Mallett has determined that, although no historical data is available, there appears to be no direct effect on small or micro-businesses.

All comments or questions regarding the proposed amendments may be submitted in writing within 30 days following publication of this notice in the Texas Register to Paul Mallett, Executive Director, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.

The amendments to §251.14 are proposed under Health and Safety Code, Chapter 771, §§771.051, 771.055, 771.056, 771.057, 771.071, 771.072, 771.075, 771.0751 and 771.079; which authorize the Commission to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service. The amendments are proposed in accordance with the process for rulemaking as prescribed by Texas Government Code, Chapter 2001, Subchapter B.

No other statutes, articles, or codes are affected by the proposed amendments.

§251.14.General Provisions and Definitions.

(a) Purpose. [ ~~The Commission on State Emergency Communications (Commission) herein establishes the following general provisions for defining terms utilized within the context of Commission rules.~~ ] This rule defines terms commonly used by the Commission on State Emergency Communications (Commission) in its rules and policy statements. Terms not defined in this rule shall be defined by Applicable Law. The National Emergency Number Association (NENA) Master Glossary of 9-1-1 Terminology is adopted by reference. [ ~~allows for compilation of all technical and 9-1-1 industry related terms used in the rulemaking process.~~ ]

(b) Definitions. As generally used by the Commission, the [ ~~The~~ ] following [ ~~words and~~ ] terms mean: [ ~~, when used in Commission rules, shall have the following meanings, unless the context clearly indicates otherwise.~~ ]

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

(3) 9-1-1 Call Taking Position--Equipment required [ ~~acquired with 9-1-1 funds~~ ] to deliver [ ~~answer the delivery of~~ ] an emergency 9-1-1 call. The position is defined as the equipment necessary to answer the call, not the associated personnel. A position consists of a device for answering the 9-1-1 calls, a device to display 9-1-1 call information, and the related telephone circuitry and computer and/or router equipment necessary to ensure reliable handling of the 9-1-1 call.

(4) 9-1-1 Database--An organized collection of information, which is typically stored in computer systems that are comprised of fields, records (data), and indexes. In 9-1-1, such databases include master street address guides (MSAG), telephone numbers, emergency service numbers ( ESNs [ ~~ESN~~ ]), and telephone customer records. This information is used for the delivery of location information to a designated public safety answering point (PSAP). Use of the 9-1-1 database must be authorized by the Commission and RPC. The database is developed and maintained by the local government agency and/or the RPC as described within the regional strategic plan in accordance with Commission Rule 251.9, Guidelines for Database Maintenance Funds.

(5) 9-1-1 Database Record--A set of data elements, populated by a telecommunications service provider, edited and stored by the 9-1-1 database services provider, which includes the necessary callback, location, and telecommunications service provider information required for enhanced 9-1-1 (ALI), Wireless Phase I, or Wireless Phase II level of 9-1-1 service .

(6) 9-1-1 Equipment and Services--Equipment and services acquired partially or in whole with 9-1-1 funds and designed to support and/or facilitate the delivery of an emergency 9-1-1 wireline or wireless call to an appropriate PSAP or transfer to a remote site or a responding agency , including equipment to maintain the database.

(7) - (12) (No change.)

(13) 9-1-1 Program Assets--9-1-1 and database maintenance, mapping, or other equipment [ ~~Addressing Equipment~~ ] purchased with 9-1-1 Funds.

[(14) 9-1-1 System--The communications infrastructure, equipment, and services assembled to establish, extend, or improve communication paths to deliver voice and/or data necessary for the answering of and response to a 9-1-1 call.]

(14) [ ~~(15)~~ ] Addressing Completion--A county addressing project that has developed a comprehensive MSAG, assigned street addresses and notified the residents of their 9-1-1 address, provided the MSAG and new or changed address information associated with the particular telephone numbers to the applicable telephone companies, submitted corrected address errors to the telco, and established a maintenance methodology in accordance with §251.9 of this title.

[(16) Answering Point--A communications facility established as an answering location to receive the voice and/or data communications necessary for the answering of and response to 9-1-1 calls and other emergencies.]

(15) [ ~~(17)~~ ] Applicable Law--Includes, but is not limited to, federal law and FCC regulations; [ ~~the State Administration of Emergency Communications Act, Chapter 771,~~ ] Texas Health and Safety Code Chapter 771 ; Commission rules , Texas Administrative Code (TAC), [ ~~implementing the Act contained in~~ ] Title 1, Part 12 [ ~~XII, Texas Administrative Code~~ ]; Public Utility Commission of Texas rules, TAC Title 16, Part 2, Chapters 22 and 26; the Uniform Grant Management Standards, TAC Title 1, Part 1, Chapter 5, Subchapter A, Division 4. [ Sections 5.151 - 5.165, Texas Administrative Code; the Preservation and Management of Local Government Records Act, Chapter 441, Subchapter J, Texas Government Code; and amendments to the cited statutes and rules. ] Also referred to as "applicable laws [ ~~law~~ ] and rules."

[(18) Automatic Location Identification (ALI)--A system that enables the automatic display at the PSAP of the caller's telephone number, the address/location of the telephone, and supplementary emergency services information.]

(16) Backup PSAP--A continuously operable but not continuously staffed PSAP to which 9-1-1 calls are routed should the Primary or Remote PSAP be inoperable.

~~[(19) Automatic Number Identification (ANI)--A system that enables the automatic display at the PSAP of the ten-digit number associated with the device from which a 9-1-1 call originates.]~~

[(20) Call Associated Signaling (CAS)--A method for delivery of the mobile directory number (MDN) of the calling party plus the emergency service routing digits (ESRD) from the wireless network through the 9-1-1 selective router to the PSAP. The 20 digits of data delivered are sent either over Feature Group D (FG-D) or ISUP from the wireless switch to the 9-1-1 router. From the router to the PSAP, the 20-digit stream is delivered using either Enhanced Multi-Frequency (EMF) or ISDN connections.]

[(21) Call Back Number--The mobile directory number (MDN) of a Wireless End User who has made a 9-1-1 call, which usually can be used by the PSAP to call back the Wireless End User if a 9-1-1 call is disconnected. In certain situations, the MDN forwarded to the PSAPs may not provide the PSAP with information necessary to call back the Wireless End User making the 9-1-1 call, including, but not limited to, situations affected by illegal use of Service (such as fraud, cloning, and tumbling) and uninitialized handsets and non-authenticated handsets.]

(17) [ ~~(22)~~ ] Capital Equipment--Items and components whose cost is over $5,000 and have a useful life of at least one year.

(18) [ ~~(23)~~ ] Capital Equipment Asset--Items and components whose cost is over $5,000 and which have a useful life of at least one year.

(19) [ ~~(24)~~ ] Capital Purchase--A procurement of items, systems, or services that cost is over $5,000 in the aggregate, and that have a useful life of at least one year.

(20) [ ~~(25)~~ ] Capital Replacement Cost--The cost of a piece of equipment that was originally identified to be amortized (i.e. the original cost for equipment.)

~~[(26) Cell Sector--An area, geographically defined by WSP (according to WSP's own radio frequency coverage data), and consisting of a certain portion of all of the total coverage area of a Cell Site.]~~

~~[(27) Cell Sector Identifier--The unique numerical designation given to a particular Cell Sector that identifies that Cell Sector.]~~

[(28) Cell Site--A radio base station in the WSP Wireless Network that receives and transmits wireless communications initiated by or terminated to a wireless handset, and links such telecommunications to the WSP's network.]

[(29) Cell Site/Sector Information--Information that indicates, to the receiver of the information, the location of the Cell Site receiving a 9-1-1 call initiated by a Wireless End User, and which may also include additional information regarding a Cell Sector.]

~~[(30) Class of Service--A standard acronym, code or abbreviation of the classification of telephone service of the Wireless End User, such as WRLS (wireless), that is delivered to the PSAP CPE.]~~

(21) [ ~~(31)~~ ] Commission-- Commission on State Emergency Communications . [ ~~(CSEC)--~~ ]Also referred to as CSEC [ ~~the Commission~~ ].

[(32) Competitive Local Exchange Carrier or Certified Local Exchange Carrier (CLEC)--Another name for a local exchange carrier (LEC) after Congress, in 1996, passed a law to bring competition to local telephone services.]

(22) [ ~~(33)~~ ] Contingency Routing Plan--Routing scheme to provide for the provision of uninterrupted 9-1-1 service in the event of an incident that requires the temporary rerouting of 9-1-1 calls due to man-made or natural disasters.

(23) [ ~~(34)~~ ] Contract for 9-1-1 Services (Contract)--An agreement executed between the regional planning commission (RPC) and the Commission that establishes the responsibilities of each of the parties regarding the use of all 9-1-1 fees, equipment and data.

(24) [ ~~(35)~~ ] Controlled Asset--Items and components that have a cost of $5,000 or less and have a useful life of at least one year.

~~[(36) Controlled Equipment--Items and components whose cost is less than $5,000 and have a useful life of at least one year.]~~

~~[(37) Customer Premise Equipment (CPE)--The terminal equipment at a PSAP or secondary answering location.]~~

(25) [ ~~(38)~~ ] Database Maintenance [ ~~Plan~~ ]--A [ ~~plan that identifies a cost effective~~ ] program for the maintenance of the regional MSAG [ ~~addressing in a county~~ ]. [ ~~For regional planning commissions (RPC) this plan is part of a regional plan as described by Chapter 771 of the Texas Health and Safety Code.~~ ]

(26) [ ~~(39)~~ ] Digital Map--A computer generated and stored data set based on a coordinate system, which includes geographical and attribute information pertaining to a defined location. A digital map includes street name and location information, data sets related to emergency service provider boundaries, as well as other associated data.

(27) [ ~~(40)~~ ] Emergency Communications District (District)--A public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or a District created under Texas Health and Safety Code, Chapter 772, Subchapters B, C, D, or E.

[(41) Emergency Notification Services--A service or system that provides local governmental entities the ability to notify citizens of a warning or alert regarding emergency situations which may jeopardize human life or property. Emergency notification services can utilize multiple methods of transmission to include voice technologies via telephone systems; data technologies via facsimile; e-mail, Internet services and paging systems; and broadcast technologies via television, radio, or Internet.]

~~[(42) Emergency Service Number (ESN)--A number stored by the selective router/switch used to route a call to a particular PSAP.]~~

[(43) Emergency Service Routing Digits (ESRD)--As defined in J-Std-034, an ESRD is a digit string that uniquely identifies a base station, cell sector, or sector. This number may also be a network routable number (but not necessarily a dialable number).]

(28) [ ~~(44)~~ ] Enhancements--Infrastructure, equipment, personnel and services funded for certain counties as defined in Commission Rule 251.3, Use of Revenue in Certain Counties, that would not otherwise be approved for allocation of 9-1-1 funds as part of the regional strategic plan.

(29) Equipment Maintenance--The preservation and upkeep of 9-1-1 equipment in order to insure that it continues to operate and perform at a level comparable to that exhibited at its initial acquisition.

[(45) ESRK--Emergency Service Routing Key (ESRK) is a 10-digit routable, but not necessarily dialable, number translated from a cell sector identifier at the SCP that is used by the selective router to route wireless E9-1-1 calls to the appropriate PSAP. The ESRK is also the search-key for the mating of data that is provided to a PSAP by different paths, such as via the voice path and ALI data path. In daily use, the term ESRK is used to distinguish operational environments where the routing digits are assigned on a per destination PSAP basis as opposed to a per origination cell sector basis, which is the strict technical definition of an ESRD.]

(30) [ ~~(46)~~ ] FCC--The Federal Communications Commission.

[(47) FCC Order--The Federal Communications Commission Report and Order and Further Notice of Proposed Rulemaking in CC Docket No. 94-102, released July 26, 1996, and as amended by subsequent decisions.]

[(48) Geographic Information System (GIS)--A system of computer hardware, software and procedures used to store, analyze, and display geospatial data and related tabular data in a geographic context to solve complex planning and management problems in a wide variety of applications.]

[(49) Graphical Display of Location Information--The ability to display a map on a telecommunicator's terminal in response to a 9-1-1 call, or inquiry, that relates to the caller's location. Features may include the display of an address or geographic based coordinate locations, and the ability to zoom, pan and show other related geographical information or features.]

~~[(50) Host ALI Records--Templates from the ALI Database that identify the Cell Site location and the Call Back Number of the Wireless End User making a 9-1-1 call.]~~

[(51) Hybrid CAS/NCAS--This method for wireless E9-1-1 call delivery uses a combination of CAS and NCAS techniques to deliver the location and call back numbers to a PSAP. The MSC sends the location and call back information to a selective router using the standard CAS interface defined in J-Std-034. The selective router then uses an NCAS approach to deliver the information to a PSAP. That is, the selective router sends the location and call back information to the wireline emergency services database and the caller's call back number, or MDN, to the PSAP. The MDN is then used as a key to retrieve the cell/tower information for PSAP display.]

(31) [ ~~(52)~~ ] Intangible Assets--Includes items such as labor for PSAP room prep, electrical wiring costs, labor for the assembly of equipment, or any costs for the delay or transfer of equipment.

(32) [ ~~(53)~~ ] Integrated Services--Primary or third party computer software applications that have been installed or implemented on an existing 9-1-1 call taking position's workstation that were not designed or intended for the workstation at the time of purchase or not loaded onto the workstation by the equipment vendor when originally installed at the PSAP.

(33) [ ~~(54)~~ ] Integrated TDD--the TDD has been incorporated into the CPE equipment.

(34) [ ~~(55)~~ ] Interlocal Agreement--A contract cooperatively executed between local governments or other political subdivisions of the state to perform administrative functions or provide services, relating to 9-1-1 telecommunications.

[(56) J-Std-034--A standard, jointly developed by the Telecommunications Industry Association (TIA) and the Alliance for Telecommunications Industry Solutions (ATIS), to provide the delta changes necessary to various existing standards to accommodate the Phase I requirements. This standard identifies that the interconnection between the mobile switching center (MSC) and the 9-1-1 selective router/switch is via:]

~~[(A) An adaptation of the Feature Group-D Multi Frequency (FG-D protocol), or]~~

[(B) The use of an enhancement to the Integrated Services Digital Network User Part (ISUP) Initial Address Message (IAM) protocol. In this protocol, the caller's location is provided as a ten-digit number referred to as the emergency services routing digits (ESRDs). The protocol NENA-03-002, Recommendation for the Implementation of Enhanced Multi Frequency (MF) Signaling, E9-1-1 Tandem to PSAP, is the corollary of J-Std-034 FG-D protocol.]

[(57) J-Std-036--A standard, jointly developed by the Telecommunications Industry Association (TIA) and the Alliance for Telecommunications Industry Solutions (ATIS), that defines standards for E9-1-1 service relating to CAS, NCAS wireless E9-1-1 solutions, and to make provision for introduction of location determination technology for Phase II delivery of wireless E9-1-1 calls. Additional proposed solutions such as Hybrid are not referenced. Standards include, but are not limited to, required data elements, and signaling protocols. J-Std-034 addresses E9-1-1 Phase I, and J-Std-036 addresses E9-1-1 Phase II.]

[(58) Local Exchange Carrier (LEC)--A Telecommunications Carrier (TC) under the state/local Public Utilities Act that provides local exchange telecommunications services. Also known as Incumbent Local Exchange Carriers (ILECs), Alternate Local Exchange Carriers (ALECs), Competitive Local Exchange Carriers (CLECs), Competitive Access Providers (CAPs), Certified Local Exchange Carriers (CLECs), and Local Service Providers (LSPs).]

(35) [ ~~(59)~~ ] Local Government--A county, municipality, public agency, or any other political subdivision that provides, participates in the provision of, or has authority to provide fire-fighting, law enforcement, ambulance, medical, 9-1-1, or other emergency services and/or addressing functions.

(36) [ ~~(60)~~ ] Local Monitoring Plan--The RPC schedule for monitoring all interlocal contracts, 9-1-1 funded activities, equipment, PSAPs, and subcontractors.

~~[(61) Local Number Portability (LNP)--A process by which a telephone number may be reassigned from one Local Exchange Carrier to another.]~~

~~[(62) Maintenance--The preservation and upkeep of 9-1-1 equipment in order to insure that it continues to operate and perform at a level comparable to that exhibited at its initial acquisition.]~~

[(63) Maintenance Plan--A plan that identifies a cost effective program for the maintenance of 9-1-1 equipment. For regional planning commissions this plan is part of a regional plan as described by Chapter 771 of the Texas Health and Safety Code.]

[(64) Master Street Addressing Guide (MSAG)--A database maintained by the local government agencies or regional planning commissions which lists all street segments and their associated address information for the purpose of validating and updating telephone number records. An MSAG record consists of: street directional (when applicable); street name; house number low and high ranges; whether the range is odd ranges (O) even (E) or contains both odd and even ranges (B); the associated community name; state; Emergency Service Number (ESN); and telephone exchange. MSAG records will meet NENA standards or a statewide standard as determined by the Commission.]

~~[(65) Mobile Directory Number (MDN)--A 10-digit dialable directory number used to call a Wireless Handset.]~~

~~[(66) Mobile Switching Center (MSC)--A switch that provides stored program control for wireless call processing.]~~

~~[(67) NENA--The National Emergency Number Association, a not-for-profit corporation founded to further the national goal of "One Nation, One Number."]~~

[(68) NENA 02-010--A standard set of formats and protocols for the Automatic Location Identification (ALI) data exchange between service providers and Enhanced 9-1-1 systems, developed by the NENA Data Standards Subcommittee.]

[(69) NENA 03-002--A standard, or technical reference, developed by the NENA Network Technical Committee, to provide recommendations for the implementation of Enhanced Multi Frequency (MF) Signaling, E9-1-1 Tandem to PSAP. The J-Std-034 FG-D protocol is the corollary protocol of NENA 03-002.]

[(70) Non-Callpath Associated Signaling (NCAS)--This method for wireless E9-1-1 call delivery delivers routing digits over existing signaling protocol, including commonly applied CAMA trunking into and out of selective routers or SS7 into selective routers. The voice call is set up using the existing interconnection method that the wireline company uses from an end office to the router and from the router to the PSAP. The ANI delivered with the voice call is an emergency service routing key (ESRK), not a MDN. Where SS7 signaling (or other facility with 20-digit signaling capability) is in place, the MDN as well as the ESRK may be delivered over the voice path. All data, including the MDN and cell sector that receives the call, is delivered to the PSAP via the data path within the ALI record.]

(37) [ ~~(71)~~ ] Non-Recurring Cost (NRC)--The amount of cost identified as a one-time cost associated with 9-1-1 equipment, network, or services implementation. The cost may be inclusive of an outright purchase, or may be the initial cost for leased goods or ongoing services.

(38) [ ~~(72)~~ ] Paging Systems--A radio system capable of transmitting tone, digital, and/or voice signals to small receiving devices designed to be carried by an individual.

~~[(73) Phase I E9-1-1 Service Area(s)--Those geographic portions of a 9-1-1 Governmental Entity Jurisdiction in which WSP is licensed to provide Service.]~~

(39) [ ~~(74)~~ ] Power Backup--Power provided by an uninterrupted power source (UPS) or [ a ] generator in the event regular utility services are interrupted.

(40) Primary PSAP--PSAP to which 9-1-1 calls are routed directly from a central office/selective routing tandem.

[(75) Private Switch Emergency Service (PS9-1-1)--A service offering which enables either ANI or ALI to be provided to a PSAP when a 9-1-1 call originates from Direct Inward Dialing (DID) stations served by a private switch, e.g., a PBX. PS9-1-1 is offered to governmental entities such as RPCs, Districts, counties, and cities that provide emergency response services.]

(41) [ ~~(76)~~ ] Public Safety Answering Point (PSAP)--A [ ~~24-hour communications~~ ] facility equipped and staffed to receive [ ~~established as an answering location for~~ ] 9-1-1 calls [ ~~originating within a given service area~~ ], as further defined in Applicable Law [ ~~applicable law Texas Health and Safety Code, Chapters 771 and 772~~ ].

[(A) Primary PSAP (P-PSAP)--A facility equipped and staffed with the ability to extend, receive, answer, transfer or relay to the appropriate public safety response agencies 9-1-1 calls. The P-PSAP must be in service 24 hours per day, 7 days per week, 365 days per year.]

[(B) Secondary PSAP (S-PSAP)--A PSAP to which 9-1-1 calls are transferred or relayed from a P-PSAP, which may operate less than 24 hours per day, but which has the ability to extend, receive, answer, transfer or relay 9-1-1 calls. Emergency Operations Centers or other facilities that are used as PSAPs during PSAP failure or overflow situations (such as a training facility) may also be referred to as Secondary PSAPs.]

~~[(C) Remote PSAP--Equipment located at an emergency service responder's facility that is capable of conveying call information via printer, fax, or telephone and used as a means of call delivery.]~~

~~[(D) Mobile PSAP--An answering location, usually temporary, for receiving 9-1-1 calls originating within a given service area which is capable of and intended to be easily moved or relocated.]~~

~~[(77) Redundant Equipment and Services--Duplication of components running in parallel to increase reliability.]~~

(42) [ ~~(78)~~ ] Regional Planning Commission (RPC)--A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments.

(43) [ ~~(79)~~ ] Regional Strategic Plan--A plan developed by each RPC for the establishment and operation of 9-1-1 service throughout the region that the RPC serves. The service and contents must meet the standards established by the Commission.

(44) [ ~~(80)~~ ] Recorders--Devices that capture and retain sound, including but not limited to the following:

(A) Voice Loggers--A device that records sound on a permanent source for later review.

(B) Instant Recall Recorders--A device that records and temporarily stores calls for immediate review.

(45) Remote PSAP--A PSAP to which 9-1-1 calls are routed from a central office/selective routing tandem through centralized host backroom equipment.

(46) Secondary PSAP--A PSAP to which 9-1-1 calls are transferred from a Primary or Remote PSAP.

~~[(81) Security Devices--Devices whose use is specific to the protection of 9-1-1 systems from intentional damage.]~~

~~[(82) Selective Router--A switching office placed in front of a set of PSAPs that allows the networking of 9-1-1 calls based on the ESRD assigned to the call.]~~

~~[(83) Selective Router Tandem (SR)--A switching office placed in front of a set of PSAPs that allows the routing of 9-1-1 calls to the proper PSAP.]~~

[(84) Service Control Point (SCP)--A centralized database system used for, among other things, wireless Phase I E9-1-1 Service applications. It specifies the routing of 9-1-1 calls from the Cell Site to the PSAP. This hardware device contains special software and data that includes all relevant Cell Site locations and Cell Sector Identifiers.]

~~[(85) Service Provider--A company providing a telephone service or a commercial mobile radio service (CMRS) to a service user.]~~

(47) [ ~~(86)~~ ] Stand-Alone TDD--A separate TDD unit that is not integrated into the CPE.

(48) [ ~~(87)~~ ] Standard Wireless E9-1-1 Service Agreement--The standard Phase I and/or Phase II Wireless E9-1-1 Service Agreement, as applicable, provided by the Commission and available on the Commission's web site.

(49) [ ~~(88)~~ ] Strategic Plan--As part of a regional plan, a document identifying 9-1-1 equipment and related activity, by strategic plan component, required to support plan levels of 9-1-1 service within a defined area of the state. The strategic plan normally covers at least a three year planning period, and specifically projects 9-1-1 implementation costs and revenues associated with the above including equalization surcharge requirements.

(50) [ ~~(89)~~ ] Surge Protection Devices--Devices designed to protect sensitive electronic equipment by preventing excessive electrical power from reaching and damaging such equipment.

[(90) Tangible Assets--Only those items that are tangible may be considered for capital costs. Tangible assets include, but are not limited to, any capital equipment such as the ANI/ALI Controllers, answering position units, integrated workstations, addressing computers, GIS workstations, plotters, or any other technical piece of equipment.]

~~[(91) TDD--The acronym for Telecommunication Device for the Deaf. Other interchangeable acronyms accepted are TTY (Teletypewriter) or TT (Text Telephone).]~~

[(92) TDD Detectors--Monitor incoming trunks for TDD tones. Upon detection, a response sequence begins. A built-in recording provides a repeating voice announcement, "TDD Call," to the telecommunicator. A message is sent to the TDD caller (such as "9-1-1 Please Hold"). The telecommunicator then utilizes a TDD to communicate.]

(51) [ ~~(93)~~ ] Unaddressed County--A county in Texas, which has not completely assigned new addresses and provided all new or changed addresses to telephone companies under a county addressing process.

(52) [ ~~(94)~~ ] Uniform Grant Management Standards (UGMS)--As developed by the Governor's Office of Budget, Planning and Policy under the authority of Chapter 783 of the Texas Government Code.

~~[(95) Uninitialized Call--Any wireless E9-1-1 call from a wireless handset which, for any reason, has either not had service initiated or authenticated with a legitimate WSP.]~~

[(96) Uninterrupted Power Source (UPS)--Equipment that is designed to provide a constant power source for electronic systems. Capable of operating independently, for a designated period of time, should public or emergency electrical power sources fail.]

(53) [ ~~(97)~~ ] Useful Life--The period of time that a piece of capital equipment can consistently and acceptably fulfill its' service or functional assignment.

~~[(98) Vendor--A third party used by either the 9-1-1 Governmental Entity or WSP to provide services.]~~

(54) [ ~~(99)~~ ] Wireless 9-1-1 Call--A call made by a wireless end user utilizing a WSP wireless network, initiated by dialing "9-1-1" (and, as necessary, pressing the "Send" or analogous transmitting button) on a Wireless Handset.

(55) [ ~~(100)~~ ] Wireless E9-1-1 Phase I Service--The service by which the wireless service provider (WSP) delivers to the designated PSAP the wireless end user's call back number and cell site/sector information when a wireless end user has made a 9-1-1 call, as contracted by the 9-1-1 administrative entity.

(56) [ ~~(101)~~ ] Wireless E9-1-1 Phase II Service--The service by which the WSP delivers to the designated PSAP the wireless end user's call back number, cell site/sector information, as well as X, Y (longitude, latitude) coordinates to the accuracy standards set forth in the FCC Order.

(57) [ ~~(102)~~ ] Wireless Service Provider (WSP)--The wireless service provider and all its affiliates, collectively referred to as "WSP."

(58) [ ~~(103)~~ ] WSP Subscribers--Wireless telephone customers who subscribe to the Service of WSP and have a billing address within a 9-1-1 Governmental Entity Jurisdiction.

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 June 8, 2007.

TRD-200702344

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 305-6930

Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 379. FAMILY VIOLENCE PROGRAM

Subchapter A. DEFINITIONS

The Texas Health and Human Services Commission (HHSC) proposes the repeal and replacement of Subchapter A, §379.1, concerning Definitions for programs serving adult victims (and their children) of family violence. This repeal and replacement will affect contracting, fiscal, board, facility, service delivery, and program administration issues related to providing shelter, nonresidential and special project services.

Background and Justification

HHSC has the responsibility of administering the Family Violence Program. HHSC has taken the initiative to reformat the Family Violence Program rules. As part of that initiative, HHSC has also updated and clarified the rules as necessary. HHSC has determined that these changes require the repeal of Subchapter A, Definitions. HHSC proposes to repeal Subchapter A and incorporate most of the language of current Subchapter A into new Subchapter A.

In addition to these technical changes, HHSC proposes to add one new definition, Section 379.1(26) (relating to Dating Violence). The addition of this definition is intended to correspond with the addition of the definition of dating violence to Section 71.0021, Texas Family Code, (relating to Dating Violence).

Section-by-Section Summary

In addition to making minor revisions to the language of the current rule and to reformatting the rule, HHSC proposes to add one new definition, §379.1(26) (relating to Dating Violence).

Fiscal Note

Thomas M. Suehs, Deputy Executive Commissioner for Financial Services, has determined that during the period the proposed rules are in effect there should not be a fiscal impact to state government. The proposed rules should not result in any fiscal implications for local health and human services agencies. Local governments should not incur additional costs. There are no anticipated fiscal implications due to these rule revisions.

Small and Micro-business Impact Analysis

Mr. Suehs has also determined that there will be no anticipated effect on small businesses or micro businesses to comply with the rules, as they will not be required to alter their business practices as a result of the rules. There are no anticipated economic costs to persons who are required to comply with the proposed rules. There is no anticipated negative impact on local employment.

Public Benefit

Laurie Shannon, Manager for the Family Violence Program, has determined that for each year the proposed rules are in effect, the public will benefit from the adoption of the rules. The anticipated public benefit, as a result of enforcing these rules, will be a consistent, reliable, and cost-effective mode of service delivery to victims (and their children) of family violence.

Regulatory Analysis

HHSC has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Assessment

HHSC has determined that this proposal 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 of the Government Code.

Public Comment

Written comments on the proposed rules may be submitted to Dr. Sujata Desai, Program and Policy Specialist in Family Services, Texas Health and Human Services Commission, P.O. Box 12668, Mailcode 2010, Austin, Texas 78711-2668, by fax to (512) 206-4556, or by e-mail to sujata.desai@hhsc.state.tx.us within 30 days of publication of this proposal in the Texas Register.

1 TAC §379.1

(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 Texas Health and Human Services Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

Statutory Authority

The repeal is proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeal affects the Texas Human Resources Code, Chapter 51 and Texas Government Code, Chapter 531. No other statutes, articles, or codes are affected by this proposed repeal.

§379.1.What do certain words and terms in the chapter mean?

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 June 8, 2007.

TRD-200702297

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §379.1

Statutory Authority

The new rule is proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rule affects the Texas Human Resources Code, Chapter 51 and Texas Government Code, Chapter 531 and Texas Government Code, Chapter 531. No other statutes, articles, or codes are affected by this proposed new rule.

§379.1.Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.

(1) Civil justice system--A network of courts and legal processes that enforce, restore, or protect private and personal rights.

(2) Community education--The efforts or activities performed to increase public awareness about family violence and the availability of services for victims of family violence.

(3) Cooperation with criminal justice officials--Making efforts on behalf of victims of family violence to:

(A) establish ongoing working relationships with the local criminal justice system, including but not limited to law enforcement, prosecutors, the courts, and probation and parole departments; and

(B) educate the local criminal justice system about family violence and the need for policies that ensure safety for victims of family violence and hold batterers accountable.

(4) Cooperative living agreement--An agreement between the shelter and residents that promotes health, safety, and daily shelter operations.

(5) Criminal justice system--A network of court and legal processes that deals with the enforcement of criminal laws. A crime is an action or omission in violation of law and is an offense against the state.

(6) Crisis call hotline--A telephone number answered 24 hours a day, every day of the year by trained family violence center or special nonresidential project volunteers, employees, or Commission-approved service contractors who provide victims of family violence with:

(A) immediate intervention through safety planning;

(B) understanding and support;

(D) referrals to other services.

(7) Education arrangements for children--Face-to-face services that result in a resident, nonresident, or program participant child complying with the compulsory attendance requirements found in the Texas Education Code. It does not include transportation.

(8) Emergency medical care--Assistance in responding to any urgent medical situation for a resident, nonresident, program participant, or victim of family violence being considered for acceptance to or accessing family violence services.

(9) Emergency transportation--Providing or arranging transportation:

(A) to and from emergency medical facilities for a resident, nonresident, program participant, or victim of family violence; or

(B) from a safe place to a shelter for victims of family violence needing shelter within the centers service area.

(10) Family violence--An act by a member of a family or household against another member of the family or household that is:

(A) intended to result in physical harm, bodily injury, or assault;

(B) a threat that reasonably places the member in fear of imminent physical harm, bodily injury, or assault, but does not include defensive measures to protect oneself; or

(11) Intervention services--Face-to-face services for a resident, nonresident, or program participant child or adult victim of family violence that:

(A) include:

(i) safety planning;

(ii) understanding and support;

(iii) advocacy;

(iv) case management;

(v) information and education; and

(vi) resource assistance;

(B) are available daily for shelter residents; and

(12) Legal assistance--Face-to-face services to the resident, nonresident, or program participant that include:

(A) identifying individual legal needs;

(B) explaining legal rights and options;

(D) assisting in safety planning; and

(E) providing advocacy.

(13) Limited English Proficiency (LEP)--A term describing individuals who do not speak English as their primary language and who have limited ability to read, speak, write or understand English.

(14) Nonresident--An adult or child victim of family violence who receives services from a Commission-funded shelter center without receiving shelter.

(15) Nonresidential center--A Commission-funded program that:

(A) is operated by a public or private nonprofit organization; and

(B) provides comprehensive nonresidential services to victims of family violence as described in the Service Delivery section of the Commission Family Violence Program Nonresidential Center Provider Manual.

(16) Program participant--An adult or child victim of family violence who receives services from a Commission-funded nonresidential center or special nonresidential project.

(17) Referral system to existing community services--An organized process for providing information and referring residents, nonresidents, or program participants to existing community resources, including but not limited to:

(A) medical care;

(B) legal representation;

(i) children;

(ii) the elderly; and

(iii) people with disabilities;

(D) resource assistance;

(E) public assistance;

(F) counseling and treatment services;

(G) children's services; and

(H) other appropriate family violence services.

(18) Resident--An adult or child victim of family violence who is admitted to a Commission-funded shelter.

(19) Satellite shelter--An additional shelter operated by a shelter center, located in a different city that meets the criteria stated in these sections.

(20) Shelter center--A Commission-funded program that:

(A) is operated by a public or private nonprofit organization; and

(B) provides comprehensive residential and nonresidential services to victims of family violence as described in the Service Delivery section of the Commission Family Violence Program Shelter Center Provider Manual.

(21) Special nonresidential project--A project that:

(A) is operated by a public or private nonprofit organization; and

(B) provides at least one specialized family violence service in addition to all required core services as described in the Service Delivery section of the Commission Family Violence Special Nonresidential Project Provider Manual.

(22) Standards--The minimum Commission requirements as stated in this chapter.

(23) Training and employment information--Providing information and referrals to residents, nonresidents, or program participants about employment training and employment opportunities, either directly or through formal arrangements with other organizations.

(24) Twenty-four-hour-a-day shelter--A Commission-funded shelter center facility that provides access, admittance, and temporary emergency residence for victims of family violence 24 hours a day, every day of the year.

(25) Victim of family violence--Includes:

(A) an adult member of a family or household who is subjected to an act of family violence;

(B) a member of the household of the adult described in subparagraph (A) of this paragraph, other than the member of the household who commits the act of family violence, including an act of emotional abuse;

(D) a member of the family or household who may have been subjected to sexual abuse by a batterer; and

(E) a victim of dating violence.

(26) Dating violence--An act by an individual that is against another individual with whom that person has or has had a dating relationship and that is:

(A) intended to result in physical harm, bodily injury, assault, or sexual assault;

(B) a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault; or

(27) Volunteer recruitment and training program--A process for soliciting a diverse group of people from the community to work as non-paid staff and providing them with information about family violence and services for victims of family violence through a structured orientation.

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 June 8, 2007.

TRD-200702298

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Subchapter B. SHELTER CENTERS

The Texas Health and Human Services Commission (HHSC) proposes the repeal and replacement of Subchapter B, Shelter Centers. Specifically, HHSC proposes the repeal of Division 1, Board of Directors, §§379.101 - 379.110 and new §§379.101 - 379.104; the repeal of Division 2, Contract Standards, §§379.201 - 379.224 and new §§379.201 - 379.207; the repeal of Division 3, Fiscal Management §§379.301 - 379.316 and new §379.301 and §379.302; the repeal of Division 4, Personnel, §§379.401 - 379.418 and new §§379.401 - 379.407; the repeal of Division 5, Facility, Safety, and Health Requirements, §§379.501 - 379.512 and new §§379.501 - 379.510; the repeal of Division 6, Program Administration, §§379.601 - 379.642, 379.650, 379.651 and new §§379.601 - 379.635; the repeal of Division 7, Service Delivery, §§379.701 - 379.726 and new §§379.701 - 379.719. This subchapter defines contracting, fiscal, personnel, facility, board, service delivery, and program administration rules specific to programs that provide shelter services to victims of family violence. New rules are also proposed in this subchapter to address satellite shelter center requirements.

Background and Justification

HHSC has the responsibility of administering the Family Violence Program. As part of this authority, HHSC has taken the initiative to reformat the Family Violence Program rules. As part of that initiative, HHSC has also updated and clarified the rules as necessary. HHSC has determined that these changes require the repeal of Subchapter B. HHSC proposes to repeal Subchapter B, Shelter Centers and to incorporate most of the language of current Subchapter B into new Subchapter B.

In addition to these technical changes and clarifications, HHSC has added new requirements of satellite shelter centers. Stakeholder input has been obtained from Commission-funded programs, and from the Texas Council on Family Violence (TCFV), the state coalition on domestic violence.

Section-by-Section Summary

Most of the requirements of the current rules have been incorporated into the Family Violence Shelter contract ("Contract"). HHSC has made minor clarifications throughout Subchapter B.

Section 379.207 was repealed and new language was added to Sections §379.203 (relating to Satellite Shelter Requirements) and §379.205 (relating to Funding Waivers) to address new satellite shelter requirements.

Sections 379.505 and 379.508 have been repealed and the language in those sections has been incorporated into proposed §379.503 (relating to satellite shelter Security Systems).

The language in §379.725 and §379.726 has been repealed and the text has been incorporated into proposed §379.612 (relating to Termination of Services).

Two new rules, §379.702 and §379.703 have been added to clarify data collection procedures.

Fiscal Note

Small and Micro-business Impact Analysis

Public Benefit

Regulatory Analysis

Takings Impact Assessment

Public Comment

Division 1. BOARD OF DIRECTORS

1 TAC §§379.101 - 379.110

(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 Health and Human Services Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Human Resources Code, Chapter 51 and Texas Government Code, Chapter 531. No other statutes, articles, or codes are affected by these proposed repeals.

§379.101.What is the stewardship function of the shelter center's board of directors?

§379.102.What are the responsibilities of the shelter center's board of directors?

§379.103.What documents must the shelter center's board of directors maintain?

§379.104.What must the shelter center's bylaws contain?

§379.105.What must the shelter center board include in its recruitment procedures?

§379.106.What information does the shelter center need to provide to new board members?

§379.107.What must the shelter center's board handbook include?

§379.108.How often should the shelter center board of directors receive training?

§379.109.What training must the shelter center's board of directors receive?

§379.110.What responsibilities do board members have regarding confidentiality?

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 June 8, 2007.

TRD-200702299

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.101 - 379.104

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.101.Fiscal Oversight and Accountability.

The board must:

(1) Ensure that the center operates in a manner that keeps the organization's mission and purpose focused without becoming involved in day-to-day operations;

(2) Hire the executive director.;

(3) As a whole, or the center's finance committee, regularly review actual revenue and expenditures and compare them with budgeted revenue and estimated costs;

(4) Review and approve programs and budgets; and

(5) Review and approve policies for the organization's operation.

§379.102.Shelter Center's Board Handbook.

The board members must be given a handbook that contains, at a minimum, the following:

(1) Board member job description;

(2) Current list of board members with mailing addresses and telephone numbers;

(3) Organization's mission statement;

(4) Organization's bylaws and a copy of the letter granting 501(c)(3) status;

(5) List of all committees, including appointed board members and assigned staff;

(6) Committee descriptions;

(7) The organization policies;

(8) Organizational chart;

(9) History of the organization;

(10) List of program services and a brief description of each program;

(11) Current budget, including funding sources and subcontractors;

(12) Brief description of contract provisions with attorneys, auditors, or other professionals;

(13) Basic information about family violence; and

(14) Brief history of the Texas Battered Women's Movement.

§379.103.Board of Director's Training.

At least once during their term of service, each board member must receive training on the following:

(1) An explanation of the center's mission, philosophy, and a brief history;

(2) An explanation of the dynamics of family violence that includes its causes and effects;

(3) A description of the organization's current programs, provided by program staff;

(4) A review of the organization's policies and clarification of any changes made during the year;

(5) An explanation of how the center is funded and future funding projections;

(6) A discussion, presented by the board chair or a member of the executive committee, of the following:

(A) The board's role and responsibilities related to legal and fiscal accountability;

(B) Meetings and attendance requirements;

(D) Fund-raising and public relations responsibilities;

(7) An explanation of the organization's insurance coverage, including director's and officers' liability insurance or notification of inability to obtain insurance;

(8) An explanation of the working relationship between the board and staff, including, but not limited to which staff member is contacted regarding questions or requests and which staff members contact board members routinely; and

(9) An update on any changes made in the Texas Non-Profit Corporation Act.

§379.104.Confidentiality.

Each board member must:

(1) Be familiar with the Commission's rules and the center's policies related to confidentiality; and

(2) Provide written assurance to the center that she or he will not use the position to obtain or access confidential resident or nonresident information.

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 June 8, 2007.

TRD-200702300

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 2. CONTRACT STANDARDS

1 TAC §§379.201 - 379.224

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.201.Who is eligible to apply for a shelter center contract?

§379.202.What factors will the Texas Department of Human Services (DHS) consider in awarding contracts?

§379.203.How does an organization apply for funding as a Texas Department of Human Services (DHS)-contracted shelter center?

§379.204.Can an organization reapply for funding if the shelter center contract has been terminated for failure to perform the obligations?

§379.205.Can the shelter center apply for a special nonresidential project contract?

§379.206.How can the shelter center qualify for satellite shelter funding?

§379.207.What are the requirements of the satellite shelter?

§379.208.What is the process to renew the shelter center contract?

§379.209.What types of documentation must the shelter center maintain?

§379.210.How long must the shelter center keep the documents?

§379.211.Who may inspect, monitor, or evaluate the shelter center's resident and nonresident records, financial books, and supporting documents that pertain to services provided?

§379.212.What documents should the shelter center have available for a monitoring visit?

§379.213.What should the shelter center do after it receives a Texas Department of Human Services (DHS) monitoring report?

§379.214.Does the shelter center need to have an internal monitoring system?

§379.215.Does the shelter center have to maintain a copy of the Texas Department of Human Services Family Violence Program Shelter Center Provider Manual?

§379.216.How much of the shelter center's funding can the Texas Department of Human Services (DHS) provide?

§379.217.Is it possible to obtain a waiver to the Texas Department of Human Services (DHS)-prescribed percentage of the shelter center's operating budget?

§379.218.How can the shelter center request a variance or waiver?

§379.219.Can the shelter center receive a funding percentage waiver more than once?

§379.220.What is the process to amend the shelter center contract?

§379.221.What is the process to revise the shelter center budget?

§379.222.What is the responsibility of the shelter center with regard to subcontracts?

§379.223.What must a shelter center do if there is a change in corporate control?

§379.224.What can happen if the shelter center does not comply with the rules?

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 June 8, 2007.

TRD-200702301

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.201 - 379.207

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.201.Special Project Contract.

The center may apply for a special project contract; however, the proposed services cannot be the same as those required for the shelter center contract.

§379.202.Satellite Shelter Funding.

In order to qualify for satellite shelter funding, the center must:

(1) be a current Commission contractor in good standing;

(2) develop and implement written policies and procedures that describe the relationship between the center and the satellite shelter;

(3) Ensure the satellite shelter meets all of the Satellite Shelter Requirements concerning §379.207 of this title (relating to More than One Funding Percentage Waiver).

§379.203.Satellite Shelter Requirements.

The Satellite Shelter must:

(1) Have a freestanding shelter building in which residents are sheltered;

(2) Serve nonresidents from the satellite service area;

(3) Be in an area that prohibits resident and nonresident access to shelter center services because of difficulty or distance;

(4) Provide the same services as a 24-hour-a-day shelter;

(5) Not be located in the same city as the center;

(6) have local community representation on center's board of directors]

(7) Have local funding and local volunteer support; [ ~~and~~ ]

(8) Have been in operation for at least one year preceding the fiscal year for which funding is requested;

(9) Have housed residents in the past year; and

(10) Have twenty-four hour, on-site staff or volunteer coverage if there are residents in the shelter.

§379.204.Internal Monitoring System.

The center must have a written internal monitoring system to evaluate:

(1) The quality of the center's required resident and nonresident services;

(2) The accuracy of the fiscal and programmatic documentation; and

(3) Compliance with the policies and procedures specified in the center's contract with the Commission.

§379.205.Funding Waivers.

The Commission may waive the applicable percentage when all of the following conditions are met:

(1) the center's anticipated income for the contract year is expected to increase or decrease by more than 10% relative to the actual income received during the previous contract year; and

(2) the change in the center's budget has resulted from:

(A) an increase in the state appropriation for center services; or

(B) a decrease in funding from other sources that cannot be attributed to a failure or deficiency on the center's part.

§379.206.Requesting a Variance or Waiver.

(a) To request a waiver from the maximum prescribed funding percentage, the center must:

(1) submit a written request and appropriate documentation to the Commission state office demonstrating the center's efforts to raise funds compared to its budget; and

(2) agree in writing to receive technical assistance as designated by the Commission.

(b) To request a variance to or waiver from any other requirement in this subchapter, the board must submit a written request to the Commission on forms prescribed by the Commission and must document compelling reasons the requirement cannot be met.

§379.207.More than One Funding Percentage Waiver.

A center may not receive more than two funding waivers in consecutive contract terms.

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 June 8, 2007.

TRD-200702302

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 3. FISCAL MANAGEMENT

1 TAC §§379.301 - 379.316

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.301.What are the accounting system requirements for the shelter center?

§379.302.Is the shelter center required to have a fidelity bond?

§379.303.What must be included in the Texas Department of Human Services (DHS) purchase of services contract budget?

§379.304.How should the shelter center handle in-kind contributions?

§379.305.How should the shelter center handle cash contributions?

§379.306.How should the shelter center document required cash/in-kind match?

§379.307.How does the shelter center allocate overhead costs to its Texas Department of Human Services contract?

§379.308.What must the shelter center do in order to receive payment from the Texas Department of Human Services (DHS)?

§379.309.What costs are eligible for reimbursement under the shelter center contract?

§379.310.Can the shelter center's funds and expenses be combined with the contractor's other Texas Department of Human Services (DHS) contract(s)?

§379.311.What is the quarterly report?

§379.312.When is the quarterly report due?

§379.313.What is the annual report?

§379.314.When is the annual report due?

§379.315.What are the shelter center's audit requirements?

§379.316.When is the shelter center audit due?

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 June 8, 2007.

TRD-200702303

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §379.301, §379.302

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.301.Accounting System Requirements.

The center must maintain an accounting system and records that:

(1) records revenue and expenditures using generally accepted accounting principles;

(2) includes a chart of accounts that lists all accounts by an assigned number;

(3) contains a general ledger and subsidiary ledgers;

(4) maintains supporting documentation for all revenue and expenditures, including but not limited to:

(A) receipts or vouchers for revenue;

(B) bank statements;

(D) deposit slips;

(E) approved invoices;

(F) receipts;

(G) leases;

(H) contracts;

(I) time sheets;

(J) inventory; and

(K) cost allocation worksheets;

(5) identifies all funding sources and expenditures by separate fund type; and

(6) uses a double-entry accounting system: either cash, accrual, or modified accrual.

§379.302.Cash/In-kind Match.

The center must develop written internal policies and procedures to accurately document the cash/in-kind match required by funding sources.

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 June 8, 2007.

TRD-200702304

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 4. PERSONNEL

1 TAC §§379.401 - 379.418

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.401.Must the shelter center comply with federal personnel laws?

§379.402.What additional personnel policies and procedures must the shelter center have?

§379.403.Who needs a copy of the shelter center's personnel handbook?

§379.404.Are there any requirements for the shelter center employees' personnel files?

§379.405.Where should the shelter center keep its employee payroll information?

§379.406.What must the shelter center do to ensure confidentiality of specific employee information?

§379.407.What should the shelter center address in its policy regarding confidentiality of employee records?

§379.408.What should the shelter center address in its drug-free workplace policies?

§379.409.What should the shelter center address in its recruitment policies?

§379.410.What should the shelter center address in its interviewing and hiring policies?

§379.411.Does the shelter center need written job descriptions for its employee positions?

§379.412.Should the shelter center identify its employee positions as exempt or non-exempt?

§379.413.What are the shelter center requirements for new employee orientation?

§379.414.Does the shelter center need to provide specific job training?

§379.415.Are there any requirements for specific program training for shelter center employees?

§379.416.What access should the shelter center provide to the Texas Department of Human Services (DHS) Family Violence Program Provider Manual?

§379.417.Should the shelter center evaluate employee performance?

§379.418.Can the shelter center use probationary periods for its employees?

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 June 8, 2007.

TRD-200702305

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.401 - 379.407

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.401.Personnel Policies.

The center must have written personnel policies, approved by the Board of Directors, and procedures for its personnel handbook that standardize the everyday actions and conduct of all employees. All employees must have ongoing access to the personnel handbook and must be notified of new or changed personnel policies. The handbook must address at a minimum the following:

(1) Contract labor;

(2) Conflict of interest;

(3) Domestic violence in the workplace;

(4) Nepotism;

(5) Hiring Process that is uniform for all candidates for a particular position and includes, but is not limited to:

(A) Job posting;

(B) Job descriptions with essential job functions;

(D) Reference checking and responding to reference checking;

(6) Rules of conduct;

(7) Hours and days of operation;

(8) Employee benefits, including accrual of leave;

(9) Employees' right to access their personnel files;

(10) Written and oral employee orientation, initial training, and employee development;

(11) Confidentiality requirements of employee records;

(12) Employee evaluation;

(13) Involuntary and voluntary termination; and

(14) Grievances.

§379.402.Personnel Files.

The center must maintain a personnel file for each employee. Each file must include at least the following information:

(1) Employment application or resume;

(2) Job descriptions;

(3) Signed acknowledgment of confidentiality agreement;

(4) Signed acknowledgment of receipt of personnel policies and procedures handbook;

(5) All performance evaluations;

(6) Documentation of orientation, initial training, and employee development;

(7) Any status or classification change;

(8) All disciplinary actions, if any; and

(9) Letters of praise or criticism, if any.

§379.403.Drug and Alcohol Policy.

If under the jurisdiction of the Drug-Free Workplace Act, the center must develop a written drug and alcohol policy that states at least the following:

(1) Illegal use or illegal possession of alcohol or drugs is prohibited while on duty;

(2) A belief in a treatment and recovery approach;

(3) A stated concern for employees and their recovery efforts;

(4) Programs and systems for assistance; and

(5) A statement of confidentiality.

§379.404.New Employee Orientation and Training.

(a) The center must provide an oral orientation about the organization for all new employees within the first two days of employment.

(b) Within two weeks of the day of employment, all new employees must receive basic oral or written information regarding:

(1) Dynamics of family violence;

(2) A brief history of the Texas Battered Women's Movement; and

(3) A brief summary of current Texas laws that address family violence issues.

(1) Crisis intervention;

(2) Hotline skills, if applicable;

(3) Peer counseling techniques;

(4) Risk assessment, safety planning, and legal options for victims of family violence;

(5) The centers' policies and procedures;

(6) Sensitivity to cultural diversity;

(7) Training on applicable civil rights laws and regulations;

(8) All required documentation and procedures as related to resident and nonresident issues; and

(9) Confidentiality.

§379.405.Children's Advocate.

The center must designate at least one staff person, either paid or volunteer, to act as a children's advocate.

§379.406.Legal Advocate.

The center must:

(1) Designate at least one staff person, either paid or volunteer, to act as a legal advocate; and

(2) Provide access to relevant trainings to assure that appropriate employees, volunteers, and interns have a working knowledge of current Texas laws pertaining to family violence, as well as the local justice system's response to family violence in each county where services are provided.

§379.407.Volunteer Coordinator.

The center must designate an employee or volunteer to act as the volunteer coordinator.

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 June 8, 2007.

TRD-200702306

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS

1 TAC §§379.501 - 379.512

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.501.What facility codes must the shelter center meet?

§379.502.Must the shelter center's facilities comply with the Americans with Disabilities Act (ADA)?

§379.503.What are the additional facility requirements for the 24-hour-a-day shelter center?

§379.504.What are the shelter center's requirements for preparing, providing, and serving food to residents?

§379.505.Must the shelter center have a security system?

§379.506.What security policies and procedures must the shelter center have?

§379.507.What safety policies and procedures does the shelter center need to have for delivering services to children?

§379.508.Should there always be employees or volunteers at the shelter?

§379.509.Should there always be employees or volunteers at the satellite shelter facility?

§379.510.What health and hygiene policies and procedures must the shelter center follow?

§379.511.What hygiene items must the shelter center provide to residents?

§379.512.What regulations regarding smoking must the shelter center follow?

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 June 8, 2007.

TRD-200702307

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.501 - 379.510

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.501.Facility Requirements for the 24-Hour-a-Day Shelter Center.

The center facility must have:

(1) a kitchen and eating area;

(2) a group living area;

(3) bathroom facilities, including toilets, lavatories, and bathing facilities;

(4) sleeping facilities;

(5) a private meeting area for individual and group services;

(6) adequate safe space for children;

(7) a safe indoor play space equipped with toys in good repair and arts and craft supplies;

(8) a safe outdoor play area equipped with toys in good repair;

(9) basic furnishings that are clean and in good repair, including:

(A) beds and bed linens;

(B) cribs;

(D) chairs;

(E) highchairs;

(F) a place to store clothes, such as drawers or closets;

(10) clearly marked exits; and

(11) a first-aid kit in all center facilities that is accessible to employees, volunteers, and residents.

§379.502.Preparing, Providing, and Serving Food to Residents.

The center must:

(1) ensure food preparation, including storage of food, serving of food, and dining areas, is adequate and safe;

(2) have written procedures to ensure residents are provided with at least three well-balanced meals or ingredients for well-balanced meals and an additional two snacks a day for children;

(3) have written procedures that provide for alternative access to essential food and food preparation when the center's kitchen is closed;

(4) make reasonable, ADA compliant dietary accommodations, for residents who require special medical diets, as specified by their health care provider;

(5) not require residents to use food stamps to purchase shelter meals; and

(6) when providing meals or food items, consider the diverse needs of the population of the center's service area.

§379.503.Security System.

Centers and satellite shelters must have security systems that are operational 24 hours a day. The security system may include, but is not limited to, an alarm system, special lighting, dead bolts, and agreements with local law enforcement.

§379.504.Security Policies and Procedures.

Centers and satellite shelters must have written policies and procedures to promote the safety and security of residents, nonresidents, employees, and volunteers. These policies and procedures must address:

(1) intruders on the property, such as a batterer;

(2) assaults;

(3) bomb threats;

(4) threatening telephone calls;

(5) power outages;

(6) evacuations; and

(7) natural disasters (e.g., hurricanes, tornadoes, floods, fires).

§379.505.Shelter Center and Satellite Shelter Staffing.

Centers and satellite shelters must have at least one employee or volunteer on-site continuously when residents are staying in the shelter, except if using safe homes.

§379.506.Providing Hygiene Items to Residents.

The center must provide residents with daily access to basic personal hygiene items. When providing personal hygiene items, the center must consider the diverse needs of the population of the shelter service area.

§379.507.Types of Facilities Allowed by the Commission for a 24-hour-a-Day Shelter.

A 24-hour-a-day shelter can be located in the following types of facilities:

(1) a facility that exclusively serves victims of family violence;

(2) a series of safe homes; or

(3) a designated section of another kind of emergency shelter.

§379.508.Exceptions to Allowable Types of Facilities for a 24-Hour-a-Day.

(a) The center can request an exception to the allowable types of facilities for a 24-hour-a-day shelter by submitting a written waiver request that addresses the factors of safety and service delivery to the Commission.

(b) A waiver will be granted if the Commission approves the request.

§379.509.Additional Requirements if a Shelter Center Uses a Series of Safe Homes.

If the center uses a series of safe homes for shelter, it must:

(1) have a written policy that addresses in-depth screening of each home, including the suitability of the house and host family or individual; and

(2) meet the same standards as a regular 24-hour-a-day shelter except:

(A) it is not required to have 24-hour employee or volunteer coverage; and

(B) any material the Commission requires to be posted can instead be placed in a notebook that is clearly labeled and visibly available for residents to read.

§379.510.Using a Motel as a Type of Shelter.

Motels cannot be used exclusively as a shelter facility for a 24-hour-a-day shelter but can be used for overflow or used in outlying counties.

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 June 8, 2007.

TRD-200702308

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Divisin 6. PROGRAM ADMINISTRATION

1 TAC §§379.601 - 379.642, 379.650, 379.651

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.601.What services must the shelter center provide to victims of family violence?

§379.602.Can the shelter center charge or solicit contributions or donations in return for Texas Department of Human Services (DHS)-contracted services?

§379.603.Who is eligible for services in the shelter center?

§379.604.When is a family violence victim who is less than 18 years old eligible to receive 24-hour-a-day shelter?

§379.605.When is a family violence victim who is less than 18 years old eligible to receive nonresidential services?

§379.606.What federal and state laws must the shelter center follow when determining eligibility?

§379.607.What criteria can the shelter center use to determine eligibility for services?

§379.608.Can the shelter center ever deny services to an otherwise eligible individual?

§379.609.What should the shelter center do when its services are at capacity?

§379.610.Must the shelter center provide access to services for people with limited English proficiency?

§379.611.Is the shelter center subject to Texas Department of Protective and Regulatory Services' (PRS's) child care licensing regulations?

§379.612.What must the shelter center include in its general confidentiality policy?

§379.613.What information must the shelter center provide adult residents and nonresidents regarding confidentiality?

§379.614.Who needs to sign confidentiality agreements and where should the shelter center keep these agreements?

§379.615.What must a current or former employee, volunteer, board member, or student intern do if she or he receives a court order regarding the shelter center?

§379.616.What is required in the confidentiality training provided to employees, board members, interns and direct service volunteers?

§379.617.What information should the shelter center keep in resident or nonresident files?

§379.618.What policies and procedures must the shelter center have regarding entries in a resident or nonresident file?

§379.619.Is the shelter center required to give a resident or nonresident access to her or his files?

§379.620.What must the shelter center do if a resident or nonresident contests an entry in her or his file?

§379.621.What controls must the shelter center maintain over resident and nonresident files?

§379.622.When can the shelter center release resident or nonresident information?

§379.623.What must the shelter center include in its written release of resident or nonresident information document?

§379.624.What written procedures must the shelter center have regarding court orders?

§379.625.Must the shelter center notify a victim of family violence when a court order affects the individual or the individual's records?

§379.626.Must the shelter center have written policies and procedures for the retention and destruction of documentation?

§379.627.What types of facilities does the Texas Department of Human Services allow for a 24-hour-a-day shelter?

§379.628.How can the shelter center request an exception to the allowable types of facilities for a 24-hour-a-day shelter?

§379.629.What additional requirements apply if the shelter center uses a series of safe homes?

§379.630.Can the shelter center use a motel as a type of shelter?

§379.631.What must the shelter center do if it has any disruption in its ability to provide services?

§379.632.Is there a maximum length of stay for shelter center residents?

§379.633.What responsibility does the shelter center have to inform all residents and nonresidents of their rights?

§379.634.Must the shelter center develop a plan regarding cooperation with criminal justice officials?

§379.635.What responsibility does the shelter center have to provide community education?

§379.636.What methods must the shelter center use to provide community education?

§379.637.What is required for the shelter center's volunteer program?

§379.638.How much recruitment must the shelter center do for volunteers?

§379.639.When recruiting volunteers, what laws or codes must the shelter center follow?

§379.640.How often must the shelter center offer training for volunteers?

§379.641.What training must the shelter center provide to direct service volunteers?

§379.642.What training must the shelter center provide to non-direct service volunteers?

§379.650.Are there any limitations to providing shelter or care to family violence victims who are less than 18 years old who are not accompanied by a parent or legal guardian, are not legally emancipated, are not married, or have not been married?

§379.651.Are there any limitations to providing nonresidential services to family violence victims who are less than 18 years old who are not accompanied by a parent or legal guardian, are not legally emancipated, are not married, or have not been married?

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 June 8, 2007.

TRD-200702309

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.601 - 379.635

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.601.Required Services.

At a minimum, the center must provide access to the services for victims of family violence that are outlined in the Human Resources Code, Chapter 51.

§379.602.Charging for Services.

The center cannot charge or solicit contributions or donations in return for Commission-contracted services.

§379.603.Eligibility.

Victims of family violence as defined in the Human Resources Code, Chapter 51, and adults subjected to sexual and/or emotional abuse by their batterers are eligible for services at the center.

§379.604.Federal and State Laws Regarding Eligibility.

When determining eligibility for services, the center must comply with the following applicable state and federal laws and any amendments made to each of these laws. Policies and procedures must be written to ensure compliance with:

(1) Human Resources Code, Chapter 51;

(2) Title VI of the Civil Rights Act of 1964 (Public Law 88 - 352);

(3) Section 504 of the Rehabilitation Act of 1973 (Public Law 93 - 112);

(4) Americans with Disabilities Act of 1990 (Public Law 101 - 336);

(5) Age Discrimination Act of 1975 (42 U.S.C. §§6101 - 6107);

(6) Commission regulations regarding civil rights; and

(7) Texas Health and Safety Code, §85.113, relating to HIV/AIDS.

§379.605.Eligibility Criteria.

The center must have written resident and nonresident eligibility and screening procedures that are based solely on the individual's status as a victim of family violence, without regard to:

(1) income;

(2) whether the individual contributes, donates, or pays for these services;

(3) gender; and/or sexual orientation.

§379.606.Denial of Services.

The center can deny services to an otherwise eligible victim of family violence if it has written policies that outline specific behaviors that would make a victim ineligible. These policies must:

(1) address only behaviors that threaten the safety and security of shelter staff and residents;

(2) apply equally to all people; and

(3) comply with the laws and regulations described in this rule.

§379.607.Eligibility of Previously Involuntarily Terminated Residents or Nonresidents.

The center must have written procedures for taking into consideration the safety of a victim for whom services were previously involuntarily terminated and who is currently requesting services.

§379.608.Access to Services for People with Limited English Proficiency.

The center must:

(1) serve people with limited English proficiency and take reasonable steps to assure meaningful access to the program; and

(2) have and follow written procedures for the access and delivery of services to people with limited English proficiency.

§379.609.Services at Capacity.

The center must have and follow written referral procedures for helping victims of family violence obtain other temporary shelter if the primary method of providing shelter is full.

§379.610.24-Hour-a-Day Shelter Services to Family Violence Victims less than 18 Years Old.

(a) The center can only provide 24-hour-a-day shelter to a victim of family violence less than 18 years old if:

(1) the minor victim is:

(A) accompanied by a parent or legal guardian;

(B) legally emancipated;

(D) experiencing an emergency that constitutes an immediate danger to the physical health or safety of the minor or the minor's child or children; or

(2) the center is licensed to provide residential childcare.

(b) If the minor victim is not accompanied by a parent or legal guardian, is not legally emancipated, is not married, or has not been married, then:

(1) The Texas Family Code states that emergency shelter must not be provided after the 15th day since shelter has begun, unless:

(A) the center receives consent from the minor victim to continue shelter or care, if the minor victim:

(i) is 16 years old or older;

(ii) resides separately and apart from the minor victim's parent, managing conservator, or guardian, regardless of the duration of the residence; and

(iii) manages her or his own financial affairs, regardless of the source of income; or

(B) is unmarried and pregnant or the parent of a child; or

(C) the minor victim has qualified for financial assistance under the Human Resources Code, Chapter 31 and is on the waiting list for housing assistance.

(2) The center may rely on the minor victim's written statement containing the grounds on which the minor victim has the capacity to consent to emergency care.

§379.611.Nonresidential Services for a Family Violence Victim who is Less than 18 Years Old.

(a) Criteria. The center can provide nonresidential services to a victim of family violence less than 18 years old if:

(1) The minor victim is:

(A) accompanied by a parent or legal guardian;

(B) is legally emancipated;

(D) is experiencing an emergency situation that constitutes an immediate danger to the physical health or safety of the minor or the minor's child or children; or

(2) The center has:

(A) parental or legal guardian consent to provide the minor with nonresidential services; or

(B) the center complies with the Texas Family Code, §32.004, if parental or legal guardian consent is not obtained.

(b) Emergency Services. The contractor may provide emergency nonresidential services for only fifteen days if the minor victim does not meet the criteria under subsection (a)(1)(A) - (C) of this section, unless:

(1) the center receives consent, as provided in subsection (c) of this section, from the minor victim to continue services; or

(2) the minor victim has qualified for financial assistance under the Human Resources Code, Chapter 31 and is on the waiting list for housing assistance.

(1) if the minor victim:

(A) is 16 years old or older; and

(i) resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and

(ii) manages the minor's own financial affairs, regardless of the source of income; or

(B) the minor victim is unmarried and pregnant or the parent of a child; and

(2) The center may rely on the minor victim's written statement containing the grounds on which the minor victim has the capacity to consent to emergency services.

§379.612.Termination of Services.

(a) The center must have written policies that:

(1) outline the reasons and behaviors for which services can be terminated;

(2) address how current and former residents and nonresidents can appeal terminations and file grievances with the center;

(3) apply equally to all people; and

(4) comply with the Americans with Disabilities Act, Title VI of the Civil Rights Act, §504 of the Rehabilitation Act, the Age Discrimination Act of 1975, and other applicable laws and regulations.

(b) When terminating services to the resident or nonresident the center must:

(1) provide written notice to the resident or nonresident of the termination;

(2) provide written notice of the right to file a grievance with the center and the explanation of the grievance procedure; and

(3) upon request of the resident or nonresident, provide contact information for the Health and Human Services Commission Family Violence Program for complaint purposes.

§379.613.General Confidentiality Policy.

The center must develop a written general confidentiality policy that provides:

(1) that all information will be kept confidential, including all personal information and all communications, observations, and information made by and between or about adult and child residents and nonresidents, employees, volunteers, student interns, and board members;

(2) a statement about the importance of confidentiality in maintaining the safety of:

(A) victims;

(B) victims' families;

(D) employees; and

(E) others related to the program;

(3) the parameters of what must be held confidential and by whom;

(4) the limits of confidentiality under the law;

(5) a designation of custodian of the records; and

(6) procedures for:

(A) retention and destruction of records;

(B) responses to court orders;

(D) reports of abuse or suspected abuse of:

(i) children;

(ii) the elderly; and

(iii) people with disabilities;

(E) requests of information under the Public Information Act;

(F) maintenance of records; and

(G) access to records that comply with confidentiality provisions in state and federal law.

§379.614.Confidentiality Information for Adult Residents and Nonresidents.

The center must provide to adult residents and nonresidents in writing at least the following:

(1) the right to see their records;

(2) the kind of information recorded, why, and the methods of collection;

(3) who within the center has access to the resident's or nonresident's case files and records;

(4) the center's policy and practices on confidentiality;

(5) current confidentiality laws in Texas and the limits of confidentiality under the law, including mandatory reporting for abuse or suspected abuse of:

(A) children;

(B) the elderly; and

(6) the center's policy for responding to court orders and requests for information under the Public Information Act;

(7) the center's policy for release of information;

(8) when the records will be decoded or destroyed; and

(9) what kind of information will remain in the file once a resident or nonresident terminates services.

§379.615.Confidentiality Agreements.

The center must have all employees, volunteers, board members, student interns, and adult residents and nonresidents who participate in group intervention services sign a confidentiality agreement. The agreement must have a provision that states that confidentiality must be maintained after an employee, volunteer, board member, student intern, resident, or nonresident leaves the center. These agreements must be placed:

(1) in the personnel files of the employees;

(2) with the corporate records of the board members; and

(3) in the individual files of volunteers, student interns, residents, and nonresidents.

§379.616.Confidentiality Training.

The center must provide training to employees, board members, interns, and direct service volunteers on:

(1) confidentiality policies and procedures;

(2) why confidentiality is important for victims of family violence; and

(3) how information is recorded.

§379.617.Information in Resident or Nonresident Files.

The center must limit the information kept in files to information necessary for:

(1) statistical and funding purposes;

(2) establishing goals for intervention and advocacy;

(3) documenting the need for and delivery of services; and

(4) protecting the liability of the center and its employees, volunteers, and board members.

§379.618.Policies and Procedures Regarding Entries in a Resident or Nonresident File.

(a) The center must have written policies and procedures regarding entries into a resident or nonresident file that require:

(1) each entry is signed and dated by the employee or volunteer entering the information;

(2) a resident or nonresident file does not include the names of other residents or nonresidents; and

(3) if the center provides direct services for both the victim and the violent family member, at a minimum, separate case records are maintained to promote victim safety and confidentiality.

(b) The center must have written policies and procedures to ensure a resident or nonresident has access to all information in her or his case file.

(1) remove the entry from the file; or

(2) if the entry is not removed, note in the case file that the resident or nonresident believes the entry to be inaccurate.

§379.619.Maintaining Control over Resident and Nonresident Files.

The custodian of the records, designated by the executive director, is responsible for maintaining control over the resident and nonresident records, including the court's access to the records. Resident and nonresident records must be kept secure and must not be removed from the center's premises without the written permission of the custodian of the records.

§379.620.Release of Resident or Nonresident Information.

(a) The center may release information, orally or in writing, only if it first obtains a written release of information from the resident or nonresident.

(b) Regardless of whether a written release of information from a resident or nonresident is obtained, the center must release information in order to comply with the applicable state laws to report abuse or suspected abuse of:

(1) children;

(2) the elderly; and

(3) people with disabilities.

§379.621.Release of Resident or Nonresident Information Document.

The release of information document must include the:

(1) name of no more than one person or organization to which the information is being released;

(2) specific information to be released;

(3) beginning and ending dates the release is effective, not to exceed the resident's stay and not to exceed the nonresident's active length of services;

(4) date and the signatures of the resident or nonresident and the employee or volunteer; and

(5) right to revoke a release of information at any time. This revocation request must be submitted in writing.

§379.622.Court Orders.

Individuals (current or former employees, volunteers, board members, or student interns) who receive a court order regarding any program records, residents, nonresidents, shelter center activities, or personnel issues must immediately notify the executive director or, in the executive director's absence, the designated staff.

§379.623.Procedures Regarding Court Orders.

The center must have written procedures for responding to court orders, such as subpoenas, search warrants, or writs of attachment. The written procedures must include:

(1) what to do when a process server arrives with a court order;

(2) on whom court orders may be served, such as the custodian of records;

(3) which attorney(s) should be contacted;

(4) who will discuss the subpoena with the resident or nonresident or other victim of family violence, and at what point; and

(5) the circumstances under which records may be released.

§379.624.Notification of Court Orders.

The center must:

(1) notify a resident when a court order affects the individual or the individual's records; and

(2) attempt, whenever possible, to notify a nonresident, hotline caller, or other victim of family violence when a court order affects the individual or the individual's records.

§379.625.Policies and Procedures for the Retention and Destruction of Documentation.

The center must have written policies and procedures for the retention and destruction of all written, electronic, and digital documentation that pertains to all residents and nonresidents, including but not limited to:

(1) case notes, case content, and case files;

(2) staff-to-staff communications; and

(3) documentation required by other funders.

§379.626.Disruption in Providing Services.

(a) The center must have written policies and procedures for any disruption in the ability to provide services.

(b) Any disruption in the ability to provide services must be reported immediately to the Commission.

(c) After the initial oral notification, the center must submit to the Commission a written description of the disruption and how services will be or were maintained.

§379.627.Maximum Length of Stay for Shelter Center Residents.

(a) The Commission does not impose a maximum length of stay.

(b) If the center does have a maximum length of stay, it must have a written policy explaining its necessity and the length of the maximum stay.

§379.628.Resident and Nonresident Rights.

The center must:

(1) give written rights to all residents and nonresidents; and

(2) post resident and nonresident rights in a visible area within all center facilities.

§379.629.Resident's Belongings.

(a) Shelter centers must have written policies and procedures regarding the security of residents' belongings.

(b) Residents must be informed in writing of:

(1) how long personal belongings will be stored if they leave the 24-hour-a-day shelter; and

(2) what will happen to their items if they do not pick them up by the deadline.

§379.630.Cooperation with Criminal Justice Officials.

The center must develop a written plan that outlines efforts to cooperate with criminal justice officials in each county where services are provided, including:

(1) establishing an ongoing working relationship with local criminal justice officials;

(2) encouraging the justice system to develop policies and procedures that are responsive to the needs of victims of family violence and enhance collaboration among justice system agencies and service providers;

(3) pursuing opportunities to participate in the training of law enforcement officers and other criminal justice officials;

(4) providing information and education to law enforcement and criminal justice officials about the dynamics of family violence, services available, and support from the criminal justice system; and

(5) encouraging local criminal justice professionals to post signs and leave brochures in their offices about family violence and the availability of services.

§379.631.Community Education.

(a) The center must have a written policy about community education that:

(1) ensures community education is provided to as many diverse groups as possible in each county where services are provided;

(2) focuses part of the community education on informing victims of family violence of existing family violence services; and

(3) comply with §379.610 of this title (relating to 24-Hour-A-Day Shelter Services to Family Violence Victims Less than 18 Years Old).

(b) The center must:

(1) use presentations;

(2) distribute written materials; and

(3) establish and use media contacts.

§379.632.Volunteer Program.

The center must have and follow written policies and procedures regarding:

(1) recruitment methods that reach diverse groups of people from the communities of each county where services are provided; and

(2) screening, training, supervising, evaluating, and terminating volunteers, including offering training for volunteers at least twice a year.

§379.633.Volunteer Recruitment.

The center must have an ongoing recruitment program for volunteers to help with the center's programs that complies with:

(1) civil rights laws that allow qualified people an opportunity to volunteer; and

(2) the Human Resources Code, Chapter 51, which states that the center must find support for the center through volunteer work, especially volunteer work by people who have been victims of family violence.

§379.634.Content of Training for Direct Service Volunteers.

The center must develop training for direct service volunteers that includes, but is not limited to:

(1) A brief history of the Texas Battered Women's Movement;

(2) The need for and benefit of shelter services;

(3) The dynamics of family violence;

(4) A brief summary of current Texas laws that address family violence issues;

(5) Crisis intervention;

(6) Hotline skills, if applicable;

(7) Peer counseling techniques;

(8) Risk assessment and safety planning;

(9) The center policies and procedures;

(10) The organization's mission and philosophy;

(11) Confidentiality;

(12) Legal options for victims of family violence;

(13) Sensitivity to cultural diversity;

(14) Community resources;

(15) The need for community systems to be responsive to the needs of victims of family violence; and

(16) Training on applicable civil rights laws and regulations.

§379.635.Content of Training for Non-Direct Service Volunteers.

The center must provide non-direct service volunteers with:

(1) a basic orientation of the duties they perform; and

(2) at a minimum, basic information about the organization's mission, philosophy, and policies.

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 June 8, 2007.

TRD-200702310

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 7. SERVICE DELIVERY

1 TAC §§379.701 - 379.726

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.701.What services must the shelter center provide?

§379.702.What requirements must the shelter center meet for the crisis call hotline?

§379.703.What crisis call hotline procedures must the shelter center have?

§379.704.Can the shelter center use caller ID on the crisis call hotline?

§379.705.Can the shelter center subcontract the answering of the crisis call hotline?

§379.706.What procedures must the shelter center have for delivery of Texas Department of Human Services-contracted services?

§379.707.What information must the shelter center cover in the resident's orientation?

§379.708.What must the shelter center do to promote cooperative living in the shelter?

§379.709.What information must the shelter center cover in the nonresident's orientation?

§379.710.What kind of intervention services must the shelter center provide to adult residents and nonresidents?

§379.711.Who can provide the shelter center intervention services?

§379.712.How often should the shelter center provide intervention services?

§379.713.Is the shelter center allowed to incorporate religion into the intervention services?

§379.714.Is the shelter center required to help each resident and nonresident develop an individual service plan?

§379.715.What are the shelter center requirements regarding group intervention?

§379.716.What are the requirements for the shelter center regarding delivery of children's direct services?

§379.717.What kind of intervention services must the shelter center provide to children who reside at the shelter?

§379.718.What is the shelter center's responsibility regarding educational services for children of adult residents?

§379.719.What is the shelter center's responsibility regarding emergency medical services?

§379.720.What policies and procedures must the shelter center have regarding residents and their medications?

§379.721.What legal assistance services must the shelter center provide?

§379.722.What are the requirements for the shelter center regarding legal assistance?

§379.723.What training and employment services must the shelter center provide?

§379.724.Must the shelter center maintain a referral system?

§379.725.What policies must the shelter center have regarding termination of resident and nonresident services?

§379.726.What information about termination of services must the shelter center provide to residents and nonresidents?

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 June 8, 2007.

TRD-200702311

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.701 - 379.719

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.701.Shelter Center Services.

The center must provide, at a minimum, access to the following services, directly, by referral, or through formal arrangements with other agencies, and have written procedures regarding these services as described in this subchapter:

(1) 24-hour-a-day shelter;

(2) a crisis call hotline available 24 hours a day;

(3) emergency medical care;

(4) intervention services, including safety planning, understanding and support, information, education, referrals, resource assistance, and individual service plans

(5) emergency transportation;

(6) legal assistance in the civil and criminal justice systems, including identifying individual needs, legal rights and legal options and providing support and accompaniment in pursuing those options

(7) information about educational arrangements for children;

(8) information about training for and seeking employment; and

(9) a referral system to existing community services.

§379.702.Data Collection.

(a) The center will regularly report complete and accurate data through the data collection system approved by the Commission, using service definitions in the Shelter Center Provider Manual. Data submission is due by the deadline specified in the contract. The Commission reserves the right to impose sanctions if complete and accurate data are not submitted on time.

(b) In the event that the center may not be able to provide services due to a natural disaster or fire, the affected center will consult with the Commission regarding whether exceptions to data reporting deadlines and data collection service definitions should be made.

§379.703.Promoting Cooperative Living in the Shelter.

The center must:

(1) have a written cooperative living agreement that outlines what can be reasonably expected from the staff and residents, including the center's and residents' responsibilities;

(2) post this agreement in a visible area; and

(3) hold house management meetings regularly.

§379.704.Crisis Call Hotline.

The center must:

(1) answer the hotline 24 hours a day, every day of the year, by an individual trained in crisis intervention or who has immediate access to someone who has had this training;

(2) accept collect calls and anonymous incoming calls;

(3) list the hotline number in all telephone books within the center's service area and on the center's website, if applicable;

(4) provide a minimum of two hotline telephone lines;

(5) ensure the caller has direct access to a live person who is trained to assess the person's safety and that a messaging system is not used to answer the hotline;

(6) provide Caller ID blocks on the center's numbers for outgoing calls to residents, nonresidents, and other victims of family violence, which may only be unblocked with permission from the resident, nonresident, or victim of family violence;

(7) ensure the screening process complies with all state and federal laws if the hotline is used to screen for eligibility for services;

(8) keep all hotline calls and any related documentation confidential;

(9) provide meaningful access to persons with disabilities, including victims of family violence with sensory and speech impairments;

(10) ensure the center is able to provide meaningful access to people with limited English proficiency; and

(11) If the center uses caller ID or any other technology that establishes a record of calls on the hotline, the center must:

(A) ensure there will not be a breach of confidentiality to third parties;

(B) limit access to the records generated by these devices.

§379.705.Subcontracting the Crisis Call Hotline.

If the center subcontracts the answering of the hotline, it must have the subcontractor arrangement approved by the Commission and must have a written policy that addresses how the subcontractor meets the Commission's training requirements for all direct service staff and will ensure immediate access to the center's 24-hour-a-day services.

§379.706.Medical Care.

The center is not required to provide or pay for emergency medical care, but must:

(1) Maintain a current list of emergency medical care resources that can provide medical services for victims of family violence.

(2) Have written procedure about providing or arranging for emergency transportation to and from emergency medical facilities for shelter residents or victims of family violence being considered for acceptance as residents.

§379.707.Residents' Medications.

The center must have a written policy and procedures regarding all prescribed and non-prescribed medications used by residents, including but not limited to:

(1) self-administration of drugs and medications;

(2) methods for safekeeping of drugs and medications; and

(3) a system that ensures adult residents have direct or immediate access to their own and their children's medication.

§379.708.Resident's Orientation.

The center must ensure orientation is provided orally and in writing within 16 hours, is documented, and includes but is not limited to:

(1) explanation of services available;

(2) cooperative living agreement;

(3) length of stay;

(4) termination policy;

(5) residents' rights;

(6) nondiscrimination statement;

(7) grievance procedures;

(8) safety and security procedures, including medication;

(9) confidentiality and limits of confidentiality; and

(10) waivers of liability.

§379.709.Nonresident's Orientation.

The center must ensure orientation is provided orally and in writing, is documented and includes but is not limited to:

(1) explanation of services available;

(2) termination policy;

(3) nonresident's rights;

(4) nondiscrimination statement;

(5) grievance procedures;

(6) safety and security procedures;

(7) confidentiality and limits of confidentiality; and

(8) waivers of liability.

§379.710.Service Plan.

The center must develop a written individual service plan with each resident and nonresident that reflects the resident's or nonresident's particular needs.

§379.711.Group Intervention.

The center must:

(1) provide at least one weekly support group for adult residents and nonresidents and

(2) not mandate resident and nonresident attendance to weekly support groups.

§379.712.Religion and Intervention Services.

If the center provides direct intervention family violence services, it must not use state funds for inherently religious activities, must not promote any one religion, and must not require residents to participate in religious groups or to use religious materials.

§379.713.Delivery of Children's Direct Services.

The center must:

(1) have services available that are specific to meet the needs of children;

(2) provide transportation or make transportation arrangements for child residents who attend school;

(3) provide or arrange for school supplies and clothing for child residents;

(4) provide a support group for child residents at least weekly, when age appropriate;

(5) provide a recreational or social group for child residents at least weekly; and

(6) offer information and referral services for nonresident children if nonresident services are offered to the child's parent.

§379.714.Intervention Services for Children Residing in the Shelter.

The center must provide intervention services that are age-appropriate and include:

(1) procedures ensuring new child residents and/or parent residents have face-to-face contact with the designated children's staff and that this contact is documented;

(2) strategies to enhance safety;

(3) understanding and support, including:

(A) addressing needs identified by the victim; and

(B) building self-esteem, problem solving, and recognizing that the child is not responsible for the violence; and

(4) information about:

(A) identifying possible support systems;

(B) available resources; and

§379.715.Safety Policies and Procedures for Delivering Services to Children.

(a) The center must develop and endorse written nonviolent disciplinary policies and procedures regarding child residents and nonresidents, including policies and procedures for adult residents and nonresidents, employees, and volunteers who provide services to children.

(b) The center must have written policies and procedures to:

(1) ensure the safety of children in its facilities; and

(2) maintain the safety of children when employees or volunteers take children on outings.

§379.716.Texas Department of Family and Protective Services' (DFPS) Childcare Licensing Regulation.

(a) The center is not subject to DFPS child care licensing if the center provides services only to resident children and the childcare is provided at the same location as the shelter.

(b) If the center is subject to DFPS child care licensing regulations, the center must have written policies and procedures to ensure compliance with those rules and regulations.

§379.717.Legal Assistance Services.

The center must:

(1) maintain a current list of local criminal justice agencies and contact people in each county where services are provided;

(2) offer support and accompaniment to residents and nonresidents in their pursuit of legal options;

(3) ensure legal advocacy services are available and specific to the needs of victims of family violence; and

(4) encourage the justice system to respond consistently to the needs of victims of family violence and to hold batterers accountable.

§379.718.Educational Services for Children of Adult Residents.

(a) The center must inform the adult resident about educational services for her or his children.

(b) At the resident's request:

(1) help the resident make arrangements for the child's continued education;

(2) accompany the resident to school meetings regarding the child's special needs; and

(3) act as a liaison to the school regarding provisions in a protective order that may directly affect the child's safety.

§379.719.Training and Employment Services.

The center must provide or arrange the following for residents and nonresidents:

(1) clothing for:

(A) training;

(B) interviews; and

(2) assistance preparing employment and training program applications and resumes; and

(3) information on job-seeking skills.

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 June 8, 2007.

TRD-200702312

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Subchapter C. SPECIAL NONRESIDENTIAL PROJECTS

The Texas Health and Human Services Commission (HHSC) proposes the repeal and replacement of Subchapter C, Special Nonresidential Projects. Specifically, HHSC proposes the repeal of Division 1, Board of Directors, §§379.801 - 379.804 and new §§379.801 - 379.803; the repeal of Division 2, Contract Standards, §§379.901 - 379.917 and new §§379.901 - 379.903; the repeal of Division 3, Fiscal Management, §§379.1001 - 379.1015 and new §379.1001 and §379.1002; the repeal of Division 4, Personnel, §§379.1101 - 379.1108 and new §§379.1101 - 379.1103; the repeal of Division 5, Facility, Safety, and Health Requirements, §§379.1201 - 379.1209 and new §379.1201 and §379.1202, the repeal of Division 6, Program Administration, §§379.1301 - 379.1326 and new §§379.1301 - 379.1321; the repeal of Division 7, Service Delivery, §§379.1401 - 379.1410 and new §§379.1401 - 379.1408. This subchapter defines contracting, fiscal, personnel, facility, board, service delivery, and program administration rules specific to family violence programs that provide enhanced services and community education to marginalized populations. Some rules that have moved to contract are being deleted.

Background and Justification

HHSC has the responsibility of administering the Family Violence Program. HHSC has taken the initiative to reformat the Family Violence Program rules. As part of that initiative, HHSC has also updated and clarified the rules as necessary. HHSC has determined that these changes require the repeal of Subchapter C, Special Nonresidential Projects. HHSC has incorporated most of the language of current Subchapter C into new Subchapter C.

In addition to these technical changes, HHSC has added clarifying language throughout the subchapter. Stakeholder input has been obtained from Commission-funded programs, and from the Texas Council on Family Violence (TCFV), the state coalition on domestic violence.

Section-by-Section Summary

Most of the requirements in the current rules have been incorporated in the Family Violence Special Nonresidential Projects contract ("Contract") and the remaining rules have been renumbered. In addition, HHSC has made minor clarifications throughout Subchapter C.

The requirements of two of the rules §379.1409 and §379.1410 proposed for repeal have been incorporated into proposed §379.1309, Termination of Services.

Fiscal Note

Small and Micro-business Impact Analysis

Public Benefit

Regulatory Analysis

Takings Impact Assessment

Public Comment

Division 1. BOARD OF DIRECTORS

1 TAC §§379.801 - 379.804

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Human Resources Code, Chapter 51 and Texas Government Code, Chapter 531. No other statutes, articles, or codes are affected by these proposed repeals.

§379.801.What is the stewardship function of the special nonresidential project contractor's board of directors?

§379.802.What process should the special nonresidential project contractor's board of directors follow to analyze the finances?

§379.803.When should the board of directors be notified about a contract award for a Texas Department of Human Services (DHS) special nonresidential project?

§379.804.What responsibilities do members of the special nonresidential project board of directors have regarding confidentiality?

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 June 8, 2007.

TRD-200702313

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.801 - 379.803

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.801.Fiscal Oversight and Accountability.

The board must regularly review actual revenue and expenditures and compare them to budgeted revenue and estimated costs.

§379.802.Notification Regarding Special Nonresidential Projects.

The executive director or designee must give the board of directors a description of the Commission contract within three months of the contract award, including program, administrative, and fiscal oversight responsibilities.

§379.803.Confidentiality.

Each board member must:

(1) be familiar with the Commission's rules and the contractor's policies related to confidentiality; and

(2) if the project provides direct services, provide written assurance to the project that she or he will not use the position to obtain or access confidential program participant information.

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 June 8, 2007.

TRD-200702314

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 2. CONTRACT STANDARDS

1 TAC §§379.901 - 379.917

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.901.Who is eligible to apply for a special nonresidential project contract?

§379.902.How does an organization apply for funding as a Texas Department of Human Services (DHS)-contracted special nonresidential project?

§379.903.Can an organization reapply for funding if the special nonresidential project contract has been terminated for failure to perform the obligations?

§379.904.What is the process to renew the special nonresidential project contract?

§379.905.What types of documentation must the special nonresidential project contractor maintain and keep in an accessible location at all times?

§379.906.How long must the special nonresidential project contractor keep the documents?

§379.907.Who may inspect, monitor, or evaluate the special nonresidential project contractor's program participant records, financial books, and supporting documents that pertain to services provided?

§379.908.What documents should the special nonresidential project contractor have available for a monitoring visit?

§379.909.What should the special nonresidential project contractor do after it receives a Texas Department of Human Services (DHS) monitoring report?

§379.910.Does the special nonresidential project contractor need to have an internal monitoring system?

§379.911.Does the special nonresidential project contractor have to maintain a copy of the Texas Department of Human Services Family Violence Special Nonresidential Project Provider Manual?

§379.912.How can the special nonresidential project contractor request a variance or waiver?

§379.913.What is the process to amend the special nonresidential project contract?

§379.914.What is the process to revise the special nonresidential project budget?

§379.915.What is the responsibility of the special nonresidential project contractor with regard to subcontracts?

§379.916.What must the special nonresidential project contractor do if there is a change in corporate control?

§379.917.What can happen if the special nonresidential project contractor does not comply with the rules?

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 June 8, 2007.

TRD-200702315

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.901 - 379.903

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.901.Internal Monitoring System.

The contractor must have a written internal monitoring system to evaluate the following:

(1) quality of the special project's services;

(2) accuracy of the fiscal and programmatic documentation; and

(3) compliance with the policies and procedures specified in the contract.

§379.902.Requesting a Variance or Waiver.

To request a variance to or waiver from a specific requirement in this subchapter, the contractor's board must submit a written request to the Commission on forms prescribed by the Commission and must document compelling reasons the requirement cannot be met.

§379.903.Primary Services to an Unserved or Underserved Population.

If the special nonresidential project's purpose is to provide services to a particular population, it must have a plan for providing services to otherwise eligible victims who are not members of the targeted population. This plan may include referrals; however, if an appropriate referral cannot be made, the contractor must provide the requested 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 June 8, 2007.

TRD-200702316

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 3. FISCAL MANAGEMENT

1 TAC §§379.1001 - 379.1015

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1001.What are the accounting system requirements for the special nonresidential project contractor?

§379.1002.What must be included in the Texas Department of Human Services (DHS) purchase of services contract budget?

§379.1003.How should the special nonresidential project handle in-kind contributions?

§379.1004.How should the special nonresidential project contractor handle cash contributions?

§379.1005.How should the special nonresidential project contractor document required cash/in-kind match?

§379.1006.How does the special nonresidential project contractor allocate overhead costs to its Texas Department of Human Services contract?

§379.1007.What must the special nonresidential project contractor do in order to receive payment from the Texas Department of Human Services (DHS)?

§379.1008.What costs are eligible for reimbursement under the special nonresidential project contract?

§379.1009.Can the special nonresidential project's funds and expenses be combined with the contractor's other Texas Department of Human Services (DHS) contract(s)?

§379.1010.What are the quarterly reports?

§379.1011.When are the quarterly reports due?

§379.1012.What are the annual reports?

§379.1013.When are the annual reports due?

§379.1014.What are the special nonresidential project contractor's audit requirements?

§379.1015.When is the special nonresidential project audit due?

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 June 8, 2007.

TRD-200702317

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §379.1001, §379.1002

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1001.Accounting System Requirements.

The contractor must maintain an accounting system and records that:

(1) records revenue and expenditures using generally accepted accounting principles;

(2) includes a chart of accounts that lists all accounts by an assigned number;

(3) contains a general ledger and subsidiary ledgers;

(4) maintains supporting documentation for all revenue and expenditures, including, but not limited to:

(A) receipts or vouchers for revenue;

(B) bank statements;

(D) deposit slips;

(E) approved invoices;

(F) receipts;

(G) leases;

(H) contracts;

(I) time sheets;

(J) inventory; and

(K) cost allocation worksheets;

(5) identifies all funding sources and expenditures by separate fund type; and

(6) uses a double-entry accounting system, either cash, accrual, or modified accrual.

§379.1002.Cash/In-kind Match.

The contractor must develop written internal policies and procedures to accurately document the cash/in-kind match required by funding sources.

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 June 8, 2007.

TRD-200702318

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 4. PERSONNEL

1 TAC §§379.1101 - 379.1108

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1101.Must the special nonresidential project contractor comply with federal personnel laws?

§379.1102.What should the special nonresidential project contractor address in its drug-free workplace policies?

§379.1103.What should the special nonresidential project contractor address in its disabilities in the workplace policies?

§379.1104.Does the special nonresidential project contractor need written job descriptions for its employee positions?

§379.1105.Should the special nonresidential project contractor identify its employee positions as exempt or non-exempt?

§379.1106.Should the special nonresidential project contractor staff receive training?

§379.1107.What are the requirements for specific program training for special nonresidential project employees?

§379.1108.What access should the special nonresidential project contractor provide to the Texas Department of Human Services Family Violence Program Special Nonresidential Project Provider Manual?

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 June 8, 2007.

TRD-200702319

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.1101 - 379.1103

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1101.Drug-Free Workplace Policy.

If subject to the Drug-Free Workplace Act, the contractor must develop a written drug and alcohol policy that states at least the following:

(1) illegal use or illegal possession of alcohol or drugs is prohibited while on duty;

(2) a belief in a treatment and recovery approach;

(3) a stated concern for employees;

(4) programs and systems for assistance; and

(5) a statement of confidentiality.

§379.1102.New Employee Orientation and Training.

(a) The contractor must provide initial training for direct service employees funded by the Commission or employees supervising these employees. The training must include:

(1) hotline skills, if applicable;

(2) basic crisis intervention techniques;

(3) peer counseling techniques, if applicable;

(4) the dynamics of family violence;

(5) risk assessments, safety planning, and legal options for victims of family violence;

(6) confidentiality;

(7) sensitivity to cultural diversity;

(8) program participant eligibility;

(9) applicable civil rights laws and regulations; and

(10) all required documentation and procedures related to program participant issues.

(b) Documentation of all initial training must be included in the employees' personnel files, or if the contractor does not maintain personnel files, in separate administrative files.

§379.1103.Personnel Policies.

(1) contract labor;

(2) conflict of interest;

(3) domestic violence in the workplace;

(4) nepotism;

(5) hiring process that is uniform for all candidates for a particular position and includes, but is not limited to:

(A) job posting;

(B) job descriptions with essential job functions;

(D) reference checking and responding to reference checking.

(6) rules of conduct;

(7) hours and days of operation;

(8) employee benefits, including accrual of leave;

(9) employees' right to access their personnel files;

(10) written and oral employee orientation, initial training, and employee development;

(11) confidentiality requirements of employee records;

(12) employee evaluation;

(13) involuntary and voluntary termination;

(14) grievances; and

(15) non-discrimination in accordance with applicable civil rights laws and regulations.

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 June 8, 2007.

TRD-200702320

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS

1 TAC §§379.1201 - 379.1209

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1201.What facility codes must the special nonresidential project meet?

§379.1202.How must the special nonresidential project's facilities comply with the Americans with Disabilities Act (ADA)?

§379.1203.What are the additional facility requirements for the special nonresidential project providing direct services?

§379.1204.What kind of security system must the special nonresidential project's facilities have?

§379.1205.What security policies and procedures must the special nonresidential project have?

§379.1206.What are the safety policies and procedures that need to be developed if the special nonresidential project provides services to children?

§379.1207.What health and hygiene policies and procedures are required for the special nonresidential project?

§379.1208.What health and hygiene policies are required for the special nonresidential project providing services to children?

§379.1209.What are the regulations regarding smoking for the special nonresidential project?

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 June 8, 2007.

TRD-200702321

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §379.1201, §379.1202

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1201.Facility Requirements for the Special Nonresidential Project.

The contractor's facilities must:

(1) have access to a private meeting area and includes adequate safe space for children;

(2) a first-aid kit in each facility that is accessible to employees and volunteers;

(3) clearly marked exits; and

(4) basic furnishings that are clean and in good repair.

§379.1202.Security System Policies and Procedures.

(a) The contractor must have written policies and procedures to promote the safety and security of program participants, employees, and volunteers as appropriate for the project.

(b) If the special project provides direct services, the contractor must have a security system that is operational 24 hours a day. The security system may include, but is not limited to an alarm system, special lighting, dead bolts, and agreements with local law enforcement.

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 June 8, 2007.

TRD-200702322

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 6. PROGRAM ADMINISTRATION

1 TAC §§379.1301 - 379.1326

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1301.What services must the special nonresidential project provide to victims of family violence?

§379.1302.Can the special nonresidential project charge or solicit contributions or donations in return for the Texas Department of Human Services (DHS)-contracted services?

§379.1303.Who is eligible for services in the special nonresidential project?

§379.1304.Can a minor receive Texas Department of Human Services (DHS)-contracted services if the parent is not receiving services?

§379.1305.What federal and state laws must the special nonresidential project follow when determining eligibility?

§379.1306.What criteria can the special nonresidential project use to determine eligibility for services?

§379.1307.Can the nonresidential special project ever deny services to an otherwise eligible individual?

§379.1308.Must the special nonresidential project provide access to services for people with limited English proficiency?

§379.1309.Is the nonresidential special project contractor subject to Texas Department of Protective and Regulatory Services' (PRS's) child care licensing regulations?

§379.1310.What must the special nonresidential project include in its general confidentiality policy?

§379.1311.What information must the special nonresidential project provide to adult program participants regarding confidentiality?

§379.1312.Who needs to sign confidentiality agreements and where should the special nonresidential project keep these agreements?

§379.1313.What must a current or former employee, volunteer, board member, or student intern do if she or he receives a court order regarding the special nonresidential project?

§379.1314.What is required in the confidentiality training provided to employees, board members, interns, and direct service volunteers?

§379.1315.What can the special nonresidential project contractor who has attorneys or other licensed professionals providing Texas Department of Human Services (DHS)-funded services do to allow DHS to monitor their services?

§379.1316.What information should the special nonresidential project keep in program participant files?

§379.1317.What policies and procedures must the special nonresidential project have regarding entries in a program participant file?

§379.1318.Is the special nonresidential project required to give a program participant access to her or his files?

§379.1319.What must the special nonresidential project do if a program participant contests an entry in her or his file?

§379.1320.What controls must the special nonresidential project contractor maintain over program participant files?

§379.1321.When can the special nonresidential project release program participant information?

§379.1322.What must the special nonresidential project include in its written release of program participant information document?

§379.1323.What written procedures must the special nonresidential project have regarding court orders?

§379.1324.Must the special nonresidential project notify the victim of family violence when a court order affects the individual or the individual's records?

§379.1325.Must the special nonresidential project have written policies and procedures for the retention and destruction of documentation?

§379.1326.Must the special nonresidential project contractor provide project staff with telephone access?

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 June 8, 2007.

TRD-200702323

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.1301 - 379.1321

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1301.Required Services.

At a minimum, the contractor must provide access to the services for victims of family violence that are outlined in the Human Resources Code, Chapter 51.

§379.1302.Charging for Services.

The contractor cannot charge or solicit contributions or donations in return for Commission-contracted services.

§379.1303.Eligibility.

Victims of family violence as defined in the Human Resources Code, Chapter 51, including adults subjected to sexual and/or emotional abuse by their batterers, are eligible for services of the contract.

§379.1304.Federal and State Laws Regarding Eligibility.

When determining eligibility for services, the contractor must comply with the following applicable state and federal laws and any amendments made to each of these laws. Policies and procedures must be written to ensure compliance with:

(1) Human Resources Code, Chapter 51;

(2) Title VI of the Civil Rights Act of 1964 (Public Law 88-352);

(3) Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112);

(4) Americans with Disabilities Act of 1990 (Public Law 101-336);

(5) Age Discrimination Act of 1975 (42 U.S.C. Sections 6101-6107);

(6) Commission regulations regarding civil rights; and

(7) Texas Health and Safety Code, §85.113, relating to HIV/AIDS.

§379.1305.Eligibility Criteria.

The contractor must have written client eligibility and screening procedures that are based solely on the individual's status as a victim of family violence, without regard to:

(1) income;

(2) whether the individual contributes, donates, or pays for these services; and

(3) gender and/or sexual orientation.

§379.1306.Denial of Services.

The contractor can deny services to an otherwise eligible victim of family violence if it has written policies that outline specific reasons or behaviors that would make a victim ineligible. These policies must:

(1) address only behaviors that threaten the safety and security of staff and program participants;

(2) apply equally to all people; and

(3) comply with the laws and regulations described in §379.1305 of this title (relating to Eligibility Criteria).

§379.1307.Access to Services for Victims of Family Violence with Limited English Proficiency.

If the contractor provides direct services, the contractor must:

(1) serve victims of family violence with limited English proficiency and take reasonable steps to assure meaningful access to the program; and

(2) have written procedures for the access and delivery of services to people with limited English proficiency.

§379.1308.Nonresidential Services for a Family Violence Victim Who is Less than 18 Years Old.

The contractor can provide services to a victim of family violence less than 18 years old if:

(1) the minor victim is:

(A) accompanied by a parent or legal guardian;

(B) is legally emancipated; or

(2) the contractor:

(A) has parental or legal guardian consent to provide the minor with services; or

(B) complies with the Texas Family Code, §32.004, if parental or legal guardian consent is not obtained.

§379.1309.Termination of Services.

(a) The contractor must have written policies that:

(1) outline the reasons and behaviors for which services can be terminated;

(2) address how current and former program participants can file grievances with the contractor;

(3) apply equally to all people; and

(4) comply with the Americans with Disabilities Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, Age Discrimination Act of 1975, and other applicable civil rights laws and regulations.

(b) When terminating services to program participants, the contractor must:

(1) provide written notice to the program participant of the termination;

(2) provide written notice of the right to file a grievance with the contractor and the explanation of the grievance procedure; and upon request of the program participant, provide contact information for the Commission's Family Violence Program for complaint purposes.

§379.1310.General Confidentiality Policy.

(a) The contractor must develop a written general confidentiality policy that:

(1) demonstrates that services will be delivered in a manner that ensures program participant confidentiality regarding records and information if the special project provides direct services; and

(2) includes a statement about the importance of confidentiality in maintaining the safety of:

(A) victims;

(B) victims' families;

(D) employees; and

(E) others related to the program.

(b) The contractor must have all employees, volunteers, board members, student interns, and adult program participants who participate in group intervention services sign a confidentiality agreement. The agreement must have a provision that states that confidentiality must be maintained after an employee, volunteer, board member, student intern, or program participant leaves the project. These agreements must be placed:

(1) in the personnel files of the employees;

(2) with the corporate records of the board members; and

(3) in the individual files of volunteers, student interns, and program participants.

(1) confidentiality policies and procedures;

(2) why confidentiality is important for victims of family violence; and

(3) how information is recorded.

§379.1311.Confidentiality Information for Program Participants.

If direct services are provided to adult program participants, the contractor must provide these program participants with at least the following information regarding confidentiality in writing:

(1) the right to see their records;

(2) the kind of information recorded, why, and the methods of collection;

(3) who within the organization has access to the program participants' records;

(4) the organization's policy and practices on confidentiality;

(5) current confidentiality laws in Texas and the limits of confidentiality under the law, including mandatory reporting for abuse or suspected abuse of:

(A) children;

(B) the elderly; and

(6) the contractor's policy for responding to court orders and requests for information under the Public Information Act;

(7) the contractor's policy for release of information;

(8) when the records will be decoded or destroyed; and

(9) what kind of information will remain in the file once a program participant terminates services.

§379.1312.Provision of Commission-funded Services by Attorneys or Other Licensed Professionals.

If attorneys and other licensed professionals prohibited by Texas law or regulations to release program participant records to the Commission are allowed to provide Commission-funded services, the contractor must submit an alternative method for verifying program participant services for the Commission's approval.

§379.1313.Information in Program Participant Files.

If the special project involves direct services, the contractor must limit the information kept in program participant files to information necessary for:

(1) statistical and funding purposes;

(2) establishing goals for intervention and advocacy;

(3) documenting the need for and delivery of services; and

(4) protecting the liability of the contractor and its employees, volunteers, and board members.

§379.1314.Policies and Procedures Regarding Entries in a Program Participant's File.

(a) If the contractor provides direct services, the contractor must have written policies and procedures regarding entries into a program participant file that ensure:

(1) each entry is signed and dated by the employee or volunteer entering the information;

(2) a program participant file does not include the names of other program participants; and

(3) if the contractor provides direct services for both the victim and the violent family member, at a minimum, separate case records are maintained to promote victim safety and confidentiality.

(b) The contractor must have written policies and procedures to ensure a special project program participant has access to review all information in her or his case file.

(1) remove the entry from the file; or

(2) if the entry is not removed, note in the case file that the program participant believes the entry to be inaccurate.

§379.1315.Maintaining Control Over Program Participant Files.

The custodian of the records, designated by the executive director, is responsible for maintaining control over the records, including the court's access to the records. Program participant records must be kept secure and must not be removed from the contractor's premises without the written permission of the custodian of the records.

§379.1316.Release of Program Participant Information.

(a) The contractor may release information orally or in writing only if it first obtains a written release of information from the program participant.

(b) The release of information document must include the:

(1) name of no more than one person or organization to which the information is being released;

(2) specific information to be released;

(3) beginning and ending dates the release is effective, not to exceed the program participant's active length of services;

(4) date and the signatures of the program participant and the employee or volunteer; and

(5) right to revoke a release of information at any time. This revocation request must be submitted in writing.

(c) The contractor, regardless of whether a written release of information from a program participant is obtained, must release information in order to comply with the applicable state laws to report abuse or suspected abuse of:

(1) children;

(2) the elderly; and

(3) people with disabilities.

§379.1317.Court Orders.

Current or former employees, volunteers, board members, or student interns who receive a court order regarding any program records, program participants, special nonresidential project activities, or personnel issues must immediately notify the executive director or, in the executive director's absence, the designated staff.

§379.1318.Procedures Regarding Court Orders.

The contractor must have written procedures for responding to court orders, such as subpoenas, search warrants, or writs of attachment. The written procedures must include:

(1) what to do when a process server arrives with a court order;

(2) on whom court orders may be served, such as the custodian of records;

(3) which attorney(s) should be contacted;

(4) who will discuss the subpoena with the program participant or other victim of family violence, and at what point; and

(5) the circumstances under which records might be released.

§379.1319.Notification of Court Orders.

The contractor must attempt whenever possible to notify the program participant, hotline caller, or other victim of family violence when a court order affects that individual or that individual's records.

§379.1320.Policies and Procedures for the Retention and Destruction of Documentation.

The contractor must develop written policies and procedures for the retention and destruction of all written, electronic, and digital documentation that pertains to program participants including, but not limited to:

(1) case notes, case content, and case files;

(2) staff-to-staff communications; and

(3) documentation required by funders.

§379.1321.Telephone Access for Special Nonresidential Project Staff.

The contractor must provide telephone access for the special nonresidential project employees or volunteers during regular business hours.

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 June 8, 2007.

TRD-200702324

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 7. SERVICE DELIVERY

1 TAC §§379.1401 - 379.1410

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1401.What services must the special nonresidential project contractor provide?

§379.1402.Must the special nonresidential project contractor provide a crisis call hotline?

§379.1403.What crisis call hotline procedures must the special nonresidential project contractor have?

§379.1404.Can the special nonresidential project contractor use caller ID on the crisis call hotline?

§379.1405.Can the special nonresidential project contractor subcontract the answering of the crisis call hotline?

§379.1406.What information must the special nonresidential project contractor cover in the program participant's orientation?

§379.1407.Is the special nonresidential project allowed to incorporate religion into the intervention services?

§379.1408.Must the special nonresidential project contractor maintain a referral system?

§379.1409.What policies should the special nonresidential project contractor have regarding termination of program participant services?

§379.1410.What information about termination of services must the special nonresidential project contractor provide program participants?

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 June 8, 2007.

TRD-200702325

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.1401 - 379.1408

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1401.Special Nonresidential Project Services.

The contractor must provide:

(1) at least one specialized family violence service, which can be either:

(A) community education relating to family violence; or

(B) direct delivery of services for adult victims of family violence or their children;

(2) at a minimum, the following services to victims of family violence:

(A) safety planning;

(B) appropriate family violence information regarding hotlines;

(D) information about the dynamics of family violence;

(3) information about and referral to existing community resources;

(4) understanding and support of victims;

(5) if providing direct services, advocacy, including:

(A) explaining the program participant's rights;

(B) assisting the program participant make choices about those rights; and

§379.1402.Data Collection.

(a) The contractor will regularly report complete and accurate data through the data collection system approved by the Commission, using service definitions in the Special Nonresidential Project Provider Manual. Data submission is due by the deadline specified in the contract. The Commission reserves the right to impose sanctions if complete and accurate data are not submitted on time.

(b) In the event that the contractor may not be able to provide services due to a natural disaster or fire, the affected contractor will consult with the Commission regarding whether exceptions to data reporting deadlines and data collection service definition should be made.

§379.1403.Crisis Call Hotline.

The contractor does not have to provide a crisis call hotline, but if the contractor does provide a hotline and it is funded by the Commission, the contractor must:

(1) answer the hotline 24 hours a day, every day of the year, by an individual trained in crisis intervention or who has immediate access to someone who has had this training;

(2) accept collect calls and anonymous incoming calls;

(3) list the hotline number in all telephone books within the contractor's service area and on the contractor's website, if applicable;

(4) provide a minimum of two hotline telephone lines;

(5) ensure the caller has direct access to a live person who is trained to assess the person's safety and that a messaging system is not used to answer the hotline;

(6) provide Caller ID blocks on the contractor's numbers for outgoing calls to clients and other victims of family violence, which may only be unblocked with permission from the client or victim of family violence;

(7) ensure the screening process complies with all state and federal law if the hotline is used to screen for eligibility for services;

(8) keep all hotline calls and any related documentation confidential;

(9) provide meaningful access to persons with disabilities, including victims of family violence with sensory and speech impairments;

(10) ensure the contractor is able to provide meaningful access to people with limited English proficiency, and;

(11) if the contractor uses Caller ID or any other technology that establishes a record of calls on the hotline:

(A) ensure there will not be a breach of confidentiality to third parties; and

(B) limit access to the records generated by these devices.

§379.1404.Subcontracting the Crisis Call Hotline.

If the contractor subcontracts the answering of the hotline, it must have the subcontractor arrangement approved by the Commission and must have a written policy that addresses how the contractor meets the Commission's training requirements for all direct service staff and will ensure immediate access to the contractor's services.

§379.1405.Program Participant's Orientation.

If the contractor provides direct services, the contractor must ensure orientation is provided orally and in writing, is documented and includes, but is not limited to:

(1) explanation of services available;

(2) termination policy;

(3) program participants' rights;

(4) nondiscrimination statement;

(5) grievance procedures;

(6) safety and security procedures;

(7) confidentiality and limits of confidentiality; and

(8) waivers of liability.

§379.1406.Religion and Intervention Services.

If the contractor provides direct intervention family violence services, it must not use state funds for inherently religious activities, must not promote any one religion, and must not require program participants to participate in religious groups or to use religious materials.

§379.1407.Safety Policies and Procedures if Providing Services to Children.

(a) The contractor must develop and endorse written nonviolent disciplinary policies and procedures for program participants and for employees and volunteers who provide services to children.

(b) The project must have written policies and procedures to:

(1) ensure the safety of children in its facilities; and

(2) maintain the safety of children if employees or volunteers take children on outings.

§379.1408.Texas Department of Family and Protective Services' (DFPS) Child Care Licensing Regulations.

If the contractor is subject to DFPS child care licensing regulations, the contractor must have written policies and procedures to ensure compliance with those rules and regulations.

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 June 8, 2007.

TRD-200702326

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Subchapter D. NONRESIDENTIAL CENTERS

The Texas Health and Human Services Commission (HHSC) proposes the repeal and replacement of Subchapter D, Nonresidential Centers. Specifically, HHSC proposes the repeal of Division 1, Board of Directors, §§379.1501 - 379.1510 and new §§379.1501 - 379.1504; the repeal of Division 2, Contract Standards, §§379.1601 - 379.1622 and new §§379.1601 - 379.1606; the repeal of Division 3, Fiscal Management, §§379.1701 - 379.1716 and new §379.1701 and §379.1702; the repeal of Division 4, Personnel, §§379.1801 - 379.1818 and new §§379.1801-379.1806; the repeal of Division 5, Facility, Safety, and Health Requirements, §§379.1901 - 379.1909 and new §§379.1901 - 379.1903; the repeal of Division 6, Program Administration, §§379.2001 - 379.2037 and new §§379.2001 - 379.2033; the repeal of Division 7, Service Delivery, §§379.2101 - 379.2121 and new §§379.2101 - 379.2113. This subchapter defines contracting, fiscal, personnel, facility, board, service delivery, and program administration rules specific to programs who provide nonresidential services to victims of family violence. Most rule changes include minor revisions to language. Some rules that have moved to contract are being deleted.

These rules are proposed to clarify issues related to contracting, fiscal, personnel, facility, board, service delivery, and program administration that are not specified in contract. This makes the requirements more accessible to interested parties. HHSC/FVP anticipates public comment from programs and advocates. No budget implications are anticipated.

Background and Justification

HHSC has the responsibility of administering the Family Violence Program. HHSC has taken the initiative to reformat the Family Violence Program rules. As part of that initiative, HHSC has also updated and clarified the rules as necessary. HHSC has determined that these changes require the repeal of Subchapter D, Nonresidential Centers. HHSC has incorporated most of the language of current Subchapter D into new Subchapter D.

In addition to these technical changes, HHSC has added clarifying language throughout the subchapter. Stakeholder input has been obtained from Commission-funded programs and from the Texas Council on Family Violence (TCFV), the state coalition on domestic violence.

Section-by-Section Summary

Most of the requirements in the current rules have been incorporated in the Family Violence Nonresidential Center contract ("Contract"), and the remaining rules have been renumbered. In addition, HHSC has made minor clarifications throughout Subchapter D.

The requirements of two of the current rules, §379.706 and §379.726 have been incorporated into §379.2010 and §379.2101 under Program Administration.

Fiscal Note

Thomas M. Suehs, Deputy Executive Commissioner for Financial Services, has determined that, during the period the proposed rules are in effect, there should not be a fiscal impact to state government. The proposed rules should not result in any fiscal implications for local health and human services agencies. Local governments should not incur additional costs.

Small and Micro-business Impact Analysis

Public Benefit

Laurie Shannon, Manager for the Family Violence Program, has determined that, for each year the proposed rules are in effect, the public will benefit from the adoption of the rules. The anticipated public benefit, as a result of enforcing these rules, will be a consistent, reliable, and cost-effective mode of service delivery to victims (and their children) of family violence.

Regulatory Analysis

HHSC has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Assessment

Public Comment

Written comments on the proposed amendments to the rules may be submitted to Dr. Sujata Desai, Program and Policy Specialist in Family Services, Texas Health and Human Services Commission, P.O. Box 12668, Mail Code 2010, Austin, Texas 78711-2668, by fax to (512) 206-4556, or by E-mail to sujata.desai@hhsc.state.tx.us within 30 days of publication of this proposal in the Texas Register.

Division 1. BOARD OF DIRECTORS

1 TAC §§379.1501 - 379.1510

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Human Resources Code, Chapter 51 and Texas Government Code, Chapter 531. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1501.What is the stewardship function of the nonresidential center's board of directors?

§379.1502.What are the responsibilities of the nonresidential center's board of directors?

§379.1503.What documents must the nonresidential center's board of directors maintain?

§379.1504.What must the nonresidential center's bylaws contain?

§379.1505.What must the nonresidential center board include in its recruitment procedures?

§379.1506.What information does the nonresidential center need to provide to new board members?

§379.1507.What must the nonresidential center include in its board handbook?

§379.1508.How often should the nonresidential center board of directors receive training?

§379.1509.What training must the nonresidential center's board of directors receive?

§379.1510.What responsibilities do board members have regarding confidentiality?

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 June 8, 2007.

TRD-200702327

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.1501 - 379.1504

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1501.Fiscal Oversight and Accountability.

The board must:

(1) ensure that the center is operating in a manner that keeps the organization's mission and purpose focused, without becoming involved in day-to-day operations;

(2) hire the executive director;

(3) as a whole, or the center's finance committee, regularly review actual revenue and expenditures and compare them to budgeted revenue and estimated costs;

(4) review and approve programs and budgets; and

(5) review and approve board policies for the organization's operation.

§379.1502.Nonresidential Center's Board Handbook.

The members must be given a handbook that contains, at a minimum, the following:

(1) board member job description;

(2) current list of board members with mailing addresses and telephone numbers;

(3) organization's mission statement;

(4) organization's bylaws and a copy of the letter granting 501(c)(3) status;

(5) list of all committees, including appointed board members and assigned staff;

(6) committee descriptions;

(7) policies of the organization;

(8) organizational chart;

(9) history of the organization;

(10) list of program services and a brief description of each program;

(11) current budget, including funding sources and subcontractors;

(12) brief description of contract provisions with attorneys, auditors, or other professionals;

(13) basic information about family violence; and

(14) brief history of the Texas Battered Women's Movement.

§379.1503.Board of Director's Training.

At least once during their term of service, each board member must receive training on the following:

(1) an explanation of the center's mission, philosophy, and a brief history;

(2) an explanation of the dynamics of family violence that includes its causes and effects;

(3) a description of the organization's current programs, provided by program staff;

(4) a review of the organization's policies and clarification of any changes made during the year;

(5) an explanation of how the center is funded and future funding projections;

(6) a discussion, presented by the board chair or a member of the executive committee, of the following:

(A) the board's role and responsibilities related to legal and fiscal accountability;

(B) meetings and attendance requirements;

(D) fundraising and public relations responsibilities.

(7) an explanation of the organization's insurance coverage, including director's and officers' liability insurance or notification of inability to obtain insurance;

(8) an explanation of the working relationship between the board and staff, including but not limited to which staff member is contacted regarding questions or requests and which staff members contact board members routinely; and

(9) an update on any changes made in the Texas Non-Profit Corporation Act.

§379.1504.Confidentiality.

Each board member must:

(1) be familiar with the Commission's rules and the center's policies related to confidentiality; and

(2) provide written assurance to the center that she or he will not use the position to obtain or access confidential program participant information.

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 June 8, 2007.

TRD-200702328

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 2. CONTRACT STANDARDS

1 TAC §§379.1601 - 379.1622

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1601.Who is eligible to apply for a nonresidential center contract?

§379.1602.How does an organization apply for funding as a Texas Department of Human Services (DHS)-contracted nonresidential center?

§379.1603.Can an organization reapply for funding if the nonresidential center contract has been terminated for failure to perform the obligations?

§379.1604.Can the nonresidential center target services to a particular unserved or underserved population?

§379.1605.Can the nonresidential center apply for a special project contract?

§379.1606.What is the process to renew the nonresidential center contract?

§379.1607.What types of documentation must the nonresidential center maintain?

§379.1608. How long must the nonresidential center keep the documents?

§379.1609.Who may inspect, monitor, or evaluate the nonresidential center client records, financial books, and supporting documents that pertain to services provided?

§379.1610.What documents should the nonresidential center have available for a monitoring visit?

§379.1611.What should the nonresidential center do after it receives a Texas Department of Human Services (DHS) monitoring report?

§379.1612.Does the nonresidential center need to have an internal monitoring system?

§379.1613.Does the nonresidential center have to maintain a copy of the Texas Department of Human Services Family Violence Program Nonresidential Center Provider Manual?

§379.1614.How much of the nonresidential center's funding can the Texas Department of Human Services (DHS) provide?

§379.1615.Is it possible to obtain a waiver to the prescribed percentage of the nonresidential center's operating budget?

§379.1616.How can the nonresidential center request a variance or waiver?

§379.1617. Can the nonresidential center receive a funding percentage waiver more than once?

§379.1618.What is the process to amend the nonresidential center contract?

§379.1619. What is the process to revise the nonresidential center budget?

§379.1620.What is the responsibility of the nonresidential center with regard to subcontracts?

§379.1621.What must a nonresidential center do if there is a change in corporate control?

§379.1622.What can happen if the nonresidential center does not comply with the rules?

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 June 8, 2007.

TRD-200702329

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.1601 - 379.1606

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1601.Primary Services to an Unserved or Underserved Population.

If the center's purpose is to provide services to a particular population, it must have a plan for providing services to otherwise eligible victims who are not members of the targeted population. This plan may include referrals; however, if an appropriate referral cannot be made, the center must provide the requested services.

§379.1602.Special Project Contract.

The center may apply for a special project contract; however, the proposed services cannot be the same as those for the nonresidential center contract.

§379.1603.Internal Monitoring System.

The center must have a written internal monitoring system to evaluate:

(1) quality of the center's required program participant services;

(2) accuracy of the fiscal and programmatic documentation.

§379.1604.Funding Waivers.

The Commission may waive the applicable percentage when all of the following conditions are met:

(1) the center's anticipated income for the contract year is expected to increase or decrease by more than 10% relative to the actual income received during the previous contract year;

(2) the change in the center's budget has resulted from:

(A) an increase in the state appropriation for center services; or

(B) a decrease in funding from other sources that cannot be attributed to a failure or deficiency on the center's part.

§379.1605.Requesting a Variance or Waiver.

(a) To request a waiver from the maximum prescribed funding percentage, the center must:

(1) submit a written request and appropriate documentation to the Commission demonstrating the center's efforts to raise funds compared to its budget; and

(2) agree in writing to receive technical assistance as designated by the Commission.

(b) To request a variance to or waiver from any other requirement in this subchapter, the board must submit a written request to the Commission on forms prescribed by and must document compelling reasons the requirement cannot be met.

§379.1606.More than one Funding Percentage Waiver.

A center may not receive more than two funding waivers in consecutive contract terms.

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 June 8, 2007.

TRD-200702330

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 3. FISCAL MANAGEMENT

1 TAC §§379.1701 - 379.1716

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1701.What are the accounting system requirements for the nonresidential center?

§379.1702.Is the nonresidential center required to have a fidelity bond?

§379.1703.What must be included in the Texas Department of Human Services (DHS) purchase of services contract budget?

§379.1704.How should the nonresidential center handle in-kind contributions?

§379.1705.How should the nonresidential center handle cash contributions?

§379.1706.How should the nonresidential center document required cash/in-kind match?

§379.1707.How does the nonresidential center allocate overhead costs to its Texas Department of Human Services contract?

§379.1708.What must the nonresidential center do in order to receive payment from the Texas Department of Human Services (DHS)?

§379.1709.What costs are eligible for reimbursement under the nonresidential center contract?

§379.1710.Can the nonresidential center's funds and expenses be combined with the contractor's other Texas Department of Human Services (DHS) contract(s)?

§379.1711.What is the quarterly report?

§379.1712.When is the quarterly report due?

§379.1713.What is the annual report?

§379.1714.When is the annual report due?

§379.1715.What are the nonresidential center's audit requirements?

§379.1716.When is the nonresidential center audit due?

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 June 8, 2007.

TRD-200702331

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §379.1701, §379.1702

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1701.Accounting System Requirements.

The center must maintain an accounting system and records that:

(1) records revenue and expenditures using generally accepted accounting principles;

(2) includes a chart of accounts that lists all accounts by an assigned number;

(3) contains a general ledger and subsidiary ledgers;

(4) maintains supporting documentation for all revenue and expenditures, including, but not limited to:

(A) receipts or vouchers for revenue;

(B) bank statements;

(D) deposit slips;

(E) approved invoices;

(F) receipts;

(G) leases;

(H) contracts;

(I) time sheets;

(J) inventory; and

(K) cost allocation worksheets.

(5) identifies all funding sources and expenditures by separate fund type; and

(6) uses a double-entry accounting system, either cash, accrual, or modified accrual.

§379.1702.Cash/In-Kind Match.

The center must develop written internal policies and procedures to accurately document the cash/in-kind match received as required by funding sources.

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 June 8, 2007.

TRD-200702332

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 4. PERSONNEL

1 TAC §§379.1801 - 379.1818

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1801.Must the nonresidential center comply with federal personnel laws?

§379.1802.What additional personnel policies and procedures must the nonresidential center have?

§379.1803.Who needs a copy of the nonresidential center's personnel handbook?

§379.1804.Are there any requirements for the nonresidential center employees' personnel files?

§379.1805.Where should the nonresidential center keep its employee payroll information?

§379.1806.What must the nonresidential center do to ensure confidentiality of specific employee information?

§379.1807.What should the nonresidential center address in its policy regarding confidentiality of employee records?

§379.1808.What should the nonresidential center address in its drug-free workplace policies?

§379.1809.What should the nonresidential center address in its recruitment policies?

§379.1810.What should the nonresidential center address in its interviewing and hiring policies?

§379.1811.Does the nonresidential center need written job descriptions for its employee positions?

§379.1812.Should the nonresidential center identify its employee positions as exempt or non-exempt?

§379.1813.What are the nonresidential center requirements for new employee orientation?

§379.1814.Does the nonresidential center need to provide specific job training?

§379.1815.Are there any requirements for specific program training for nonresidential center employees?

§379.1816.What access should the nonresidential center provide to the Texas Department of Human Services (DHS) Family Violence Program Provider Manual?

§379.1817.Should the nonresidential center evaluate employee performance?

§379.1818.Can the nonresidential center use probationary periods for its employees?

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 June 8, 2007.

TRD-200702333

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.1801 - 379.1806

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1801.Personnel Policies.

(1) contract labor;

(2) conflict of interest;

(3) domestic violence in the workplace;

(4) nepotism;

(5) hiring process that is uniform for all candidates for a particular position and includes, but is not limited to:

(A) job posting;

(B) job descriptions with essential job functions;

(D) reference checking and responding to reference checking.

(6) rules of conduct;

(7) hours and days of operation;

(8) employee benefits, including accrual of leave;

(9) employees' right to access their personnel files;

(10) written and oral employee orientation, initial training, and employee development;

(11) confidentiality requirements of employee records;

(12) employee evaluation;

(13) involuntary and voluntary termination; and

(14) grievances.

§379.1802.Personnel Files.

The center must maintain a personnel file for each employee. Each file must include at least the following information:

(1) employment application or resume;

(2) job descriptions;

(3) signed acknowledgment of confidentiality agreement;

(4) signed acknowledgment of receipt of personnel policies and procedures handbook;

(5) all performance evaluations;

(6) documentation of orientation, initial training, and employee development;

(7) any status or classification change;

(8) all disciplinary actions if any; and

(9) letters of praise or criticism if any.

§379.1803.Drug and Alcohol Policy.

If under the jurisdiction of the Drug-Free Workplace Act, the center must develop a written drug and alcohol policy that states at least the following:

(1) illegal use or illegal possession of alcohol or drugs is prohibited while on duty;

(2) a belief in a treatment and recovery approach;

(3) a stated concern for employees;

(4) programs and systems for assistance; and

(5) a statement of confidentiality.

§379.1804.New Employee Orientation and Training.

(a) The center must provide an oral orientation for all new employees within the first two days of employment.

(b) Within two weeks of the day of employment, all new employees must receive basic oral or written information regarding:

(1) dynamics of family violence;

(2) a brief history of the Texas Battered Women's Movement; and

(3) a brief summary of current Texas laws that address family violence issues.

(1) crisis intervention;

(2) hotline skills, if applicable;

(3) peer counseling techniques;

(4) risk assessment, safety planning, and legal options for victims of family violence;

(5) the center policies and procedures;

(6) applicable civil rights laws and regulations;

(7) all required documentation and procedures as related to program participant issues; and

(8) confidentiality.

§379.1805.Legal Advocate.

The center must:

(1) designate at least one staff person, either paid or volunteer, to act as a legal advocate; and

(2) provide access to relevant trainings to assure that appropriate employees, volunteers, and interns have a working knowledge of current Texas laws pertaining to family violence, as well as the local justice system's response to family violence in each county where services are provided.

§379.1806.Volunteer Coordinator.

The center must designate an employee or volunteer to act as the volunteer coordinator.

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 June 8, 2007.

TRD-200702334

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS

1 TAC §§379.1901 - 379.1909

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.1901.What facility codes must the nonresidential center meet?

§379.1902.Must the nonresidential center's facilities comply with the Americans with Disabilities Act (ADA)?

§379.1903.What are the additional facility requirements for the nonresidential center?

§379.1904.What kind of security system must the nonresidential center have?

§379.1905.What security policies and procedures must the nonresidential center have?

§379.1906.What are the safety policies and procedures that the nonresidential center needs to develop for providing services to children?

§379.1907.What health and hygiene policies and procedures must the nonresidential center follow?

§379.1908.What health and hygiene policies are required for the nonresidential center providing services to children?

§379.1909.What are the regulations regarding smoking in the nonresidential center?

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 June 8, 2007.

TRD-200702335

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.1901 - 379.1903

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.1901.Facility Requirements for the Nonresidential Center.

The center's facility must have:

(1) a private meeting area for individual or group services;

(2) access to bathroom facilities, including toilets and lavatories;

(3) adequate safe space for children;

(4) basic furnishings that are clean and in good repair;

(5) clearly marked exits; and

(6) a first-aid kit in all center facilities, accessible to employees and volunteers.

§379.1902.Security System.

The center must have a security system that is operational 24 hours a day. The security system may include, but is not limited to an alarm system, special lighting, dead bolts, and agreements with local law enforcement.

§379.1903.Security Policies and Procedures.

The center must have written policies and procedures to promote the safety and security of program participants, employees, and volunteers. These policies and procedures must address:

(1) an intruder on the property, such as a batterer;

(2) assaults;

(3) bomb threats;

(4) threatening telephone calls;

(5) natural disasters (e.g., hurricanes, tornadoes, floods, fires);

(6) evacuations; and

(7) power outages.

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 June 8, 2007.

TRD-200702336

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 6. PROGRAM ADMINISTRATION

1 TAC §§379.2001 - 379.2037

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.2001.What services must the nonresidential center provide to victims of family violence?

§379.2002.Can the nonresidential center charge or solicit contributions or donations in return for Texas Department of Human Services (DHS)-contracted services?

§379.2003.Who is eligible for services in the nonresidential center?

§379.2004.Can a minor receive Texas Department of Human Services (DHS)-contracted services if the parent is not receiving services?

§379.2005.What federal and state laws must the nonresidential center follow when determining eligibility?

§379.2006.What criteria can the nonresidential center use to determine eligibility for services?

§379.2007.Can the nonresidential center ever deny services to an otherwise eligible individual?

§379.2008.Must the nonresidential center provide access to services for people with limited English proficiency?

§379.2009.Is the nonresidential center subject to Texas Department of Protective and Regulatory Services' (PRS's) child care licensing regulations?

§379.2010.What must the nonresidential center include in its general confidentiality policy?

§379.2011.What information must the nonresidential center provide adult program participants regarding confidentiality?

§379.2012.Who needs to sign confidentiality agreements and where should the nonresidential center keep these agreements?

§379.2013.What must a current or former employee, volunteer, board member, or student intern do if she or he receives a court order regarding the nonresidential center?

§379.2014.What is required in confidentiality training provided to employees, board members, interns, and direct service volunteers?

§379.2015.What information should the nonresidential center keep in program participant files?

§379.2016.What policies and procedures must the nonresidential center have regarding entries in a program participant file?

§379.2017.Is the nonresidential center required to give a program participant access to her or his files?

§379.2018.What must the nonresidential center do if a program participant contests an entry in her or his file?

§379.2019.What controls must the nonresidential center maintain over program participant files?

§379.2020.When can the nonresidential center release program participant information?

§379.2021.What must the nonresidential center include in its written release of program participant information document?

§379.2022.What written procedures must the nonresidential center have regarding court orders?

§379.2023.Must the nonresidential center notify a victim of family violence when a court order affects the individual or the individual's records?

§379.2024.Must the nonresidential center have written policies and procedures for the retention and destruction of documentation?

§379.2025.Is there a minimum number of hours a nonresidential center must be open each week?

§379.2026.What are the requirements for the nonresidential center if a victim of family violence needs shelter services?

§379.2027.What must the nonresidential center do if it has any disruption in its ability to provide services?

§379.2028.What responsibility does the nonresidential center have to inform all program participants about their rights?

§379.2029.Must the nonresidential center develop a plan regarding cooperation with criminal justice officials?

§379.2030.What responsibility does the nonresidential center have to provide community education?

§379.2031.What methods must the nonresidential center use when providing community education?

§379.2032.What is required for the nonresidential center's volunteer program?

§379.2033.How much recruitment must the nonresidential center do for volunteers?

§379.2034.When recruiting volunteers, what laws or codes must the nonresidential center follow?

§379.2035.How often must the nonresidential center offer training for volunteers?

§379.2036.What training must the nonresidential center provide to direct service volunteers?

§379.2037.What training must the nonresidential center provide to non-direct service volunteers?

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 June 8, 2007.

TRD-200702337

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.2001 - 379.2033

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.2001.Required Services.

At a minimum, the center must provide access to the services for victims of family violence that are outlined in the Human Resources Code, Chapter 51.

§379.2002.Charging for Services.

The center cannot charge or solicit contributions or donations in return for Commission-contracted services.

§379.2003.Eligibility.

Victims of family violence as defined in the Human Resource Code, Chapter 51, and adults subjected to sexual and/or emotional abuse by their batterers are eligible for services at the center.

§379.2004.Federal and State Laws Regarding Eligibility.

(1) Human Resources Code, Chapter 51;

(2) Title VI of the Civil Rights Act of 1964 (Public Law 88-352);

(3) Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112);

(4) Americans with Disabilities Act of 1990 (Public Law 101-336);

(5) Age Discrimination Act of 1975 (42 U.S.C. 6101-6107);

(6) Commission regulations regarding civil rights; and

(7) Texas Health and Safety Code, §85.113, relating to HIV/AIDS.

§379.2005.Eligibility Criteria.

The center must have written program participant eligibility and screening procedures that are based solely on the individual's status as a victim of family violence, without regard to:

(1) income;

(2) whether the individual contributes, donates, or pays for these services; and

(3) gender and/or sexual orientation.

§379.2006.Denial of Services.

The center can deny services to an otherwise eligible victim of family violence only if it has written policies that outline specific behaviors that would make a victim ineligible. These policies must:

(1) address only behaviors that threaten the safety and security of shelter staff and residents;

(2) apply equally to all people; and

(3) comply with the laws and regulations described in §379.2005.

§379.2007.Eligibility of Previously Involuntarily Terminated Program Participants.

The center must have written policies and procedures for taking into consideration the safety of a victim for whom services were previously involuntarily terminated and who is currently requesting services.

§379.2008.Access to Services for People with Limited English Proficiency.

The center must:

(1) serve victims of family violence with limited English proficiency and take reasonable steps to assure meaningful access to the program; and

(2) have written procedures for the access and delivery of services to people with limited English proficiency.

§379.2009.Services for a Family Violence Victim Who is Less than 18 Years Old.

The center can provide services to a victim of family violence less than 18 years old if:

(1) the minor victim is:

(A) accompanied by a parent or a legal guardian;

(B) legally emancipated; or

(2) the center:

(A) has parental or legal guardian consent to provide the minor victim with services; or

(B) complies with the Texas Family Code, §32.004, if parental or legal guardian consent is not obtained.

§379.2010.Termination of Services.

(a) The center must have written policies that:

(1) outline the reasons and behaviors for which services can be terminated;

(2) address how current and former program participants can appeal terminations and file grievances with the center;

(3) apply equally to all people; and

(b) When terminating services to program participants, the center must:

(1) provide written notice to the program participant of the termination;

(2) provide written notice of the right to file a grievance with the center and the explanation of the grievance procedure; and

(3) upon request of the program participant, provide contact information to the program participant for the Commission Family Violence Program for complaint purposes.

§379.2011.General Confidentiality Policy.

The center must develop a written general confidentiality policy that provides:

(1) that all information will be kept confidential, including all personal information and all communications, observations, and information made by and between or about adult and child program participants, employees, volunteers, student interns, and board members;

(2) a statement about the importance of confidentiality in maintaining the safety of:

(A) victims;

(B) victims' families;

(D) employees; and

(E) others related to the program;

(3) the parameters of what must be held confidential and by whom;

(4) the limits of confidentiality under the law;

(5) a designation of custodian of the records;

(6) procedures for:

(A) retention and destruction of records;

(B) responses to court orders;

(D) reports of abuse or suspected abuse of:

(i) children;

(ii) the elderly; and

(iii) people with disabilities.

(7) requests of information under the Public Information Act;

(8) maintenance of records; and

(9) access to records that comply with confidentiality provisions in state and federal law.

§379.2012.Confidentiality Information for Adult Program Participants.

The center must provide to adult program participants, in writing, at least the following:

(1) the right to see their records;

(2) the kind of information recorded, why, and the methods of collection;

(3) who within the center has access to the program participants' records;

(4) the center's policy and practices on confidentiality;

(5) current confidentiality laws in Texas and the limits of confidentiality under the law, including mandatory reporting for abuse or suspected abuse of:

(A) children;

(B) the elderly; and

(6) the center's policy for responding to court orders and requests for information under the Public Information Act;

(7) the center's policy for release of information;

(8) when the records will be decoded or destroyed; and

(9) what kind of information will remain in the file once a program participant terminates services.

§379.2013.Confidentiality Agreements.

The center must have all employees, volunteers, board members, student interns, and adult program participants who participate in group intervention services sign a confidentiality agreement. The agreement must have a provision that states that confidentiality must be maintained after an employee, volunteer, board member, student intern, or program participant leaves the center. These agreements must be placed:

(1) in the personnel files of the employees;

(2) with the corporate records of the board members; and

(3) in the individual files of volunteers, student interns, and program participants.

§379.2014.Confidentiality Training.

The center must provide training to employees, board members, interns, and direct service volunteers on:

(1) confidentiality policies and procedures;

(2) why confidentiality is important for victims of family violence; and

(3) how information is recorded.

§379.2015.Information in Program Participant Files.

The center must limit the information kept in files to information necessary for:

(1) statistical and funding purposes;

(2) establishing goals for intervention and advocacy;

(3) documenting the need for and delivery of services; and

(4) protecting the liability of the center and its employees, volunteers, and board members.

§379.2016.Policies and Procedures Regarding Entries in Program Participant's Files.

(a) The center must have written policies and procedures regarding entries into a program participant file that ensure:

(1) each entry is signed and dated by the employee or volunteer entering the information;

(2) a program participant file does not include the names of other program participants; and

(3) if the center provides direct services for both the victim and the violent family member, at a minimum, separate case records are maintained to promote victim safety and confidentiality.

(b) The center must have written policies and procedures to ensure a program participant has access to review all information in her or his case file.

(1) remove the entry from the file; or

(2) note in the case file, if the entry is not removed, that the program participant believes the entry to be inaccurate.

§379.2017.Maintaining Control Over Program Participant Files.

The custodian of the records, designated by the executive director, is responsible for maintaining control over the program participant records, including the court's access to the records. Program participant records must be kept secure and must not be removed from the center's premises without the written permission of the custodian of the records.

§379.2018.Release of Program Participant Information.

(a) The center may release information orally or in writing, only if it first obtains a written release of information from the program participant.

(b) Regardless of whether a written release of information from a program participant is obtained, the center must release information in order to comply with the applicable state laws to report abuse or suspected abuse of:

(1) children;

(2) the elderly; and

(3) people with disabilities.

§379.2019.Release of Program Participant Information Document.

The release of information document must include the:

(1) name of no more than one person or organization to which the information is being released;

(2) specific information to be released;

(3) beginning and ending dates the release is effective, not to exceed the program participant's active length of services;

(4) date and the signatures of the program participant and the employee or volunteer; and

(5) right to revoke a release of information at any time. This revocation request must be submitted in writing.

§379.2020.Court Orders.

Individuals (current or former employees, volunteers, board members, or student interns) who receive a court order regarding any program records, program participants, center activities, or personnel issues must immediately notify the executive director or, in the executive director's absence, the designated staff.

§379.2021.Procedures Regarding Court Orders.

The center must have written procedures for responding to court orders, such as subpoenas, search warrants, or writs of attachment. The written procedures must include:

(1) what to do when a process server arrives with a court order;

(2) on whom court orders may be served, such as the custodian of records;

(3) which attorney(s) should be contacted;

(4) who will discuss the subpoena with the program participant or other victim of family violence, and at what point; and

(5) the circumstances under which records may be released.

§379.2022.Notification of Court Orders.

The center must attempt, whenever possible, to notify a program participant, hotline caller, or other victim of family violence when a court order affects the program participant or the program participant's records.

§379.2023.Policies and Procedures for the Retention and Destruction of Documentation.

The center must have written policies and procedures for the retention and destruction of all written, electronic, and digital documentation that pertains to program participants, including, but not limited to:

(1) case notes, case content, and case files;

(2) staff-to-staff communications; and

(3) documentation required by other funders.

§379.2024.Minimum Hours for a Nonresidential Center.

The center must provide services to victims of family violence a minimum of 40 hours per week with a consistent schedule of service hours that may be regular business hours or other hours as approved by the Commission.

§379.2025.Requirements if a Victim of Family Violence Needs Shelter Services.

The center must have written referral procedures for helping victims of family violence obtain temporary shelter.

§379.2026.Disruption in Providing Services.

(a) The center must have written policies and procedures for disruption in services.

(b) Any disruption in the ability to provide services must be reported immediately to the Commission.

(c) After the initial oral notification, the center must submit to the Commission a written description of the disruption and how services will be or were maintained.

§379.2027.Program Participant Rights.

The center must:

(1) provide written rights to all program participants; and

(2) post program participant rights in a visible area within all center facilities.

§379.2028.Cooperation With Criminal Justice Officials.

The center must develop a written plan that outlines efforts to cooperate with criminal justice officials in each county where services are provided, including:

(1) establishing an ongoing working relationship with local criminal justice officials;

(3) pursuing opportunities to participate in the training of law enforcement officers and other criminal justice officials;

(4) providing information and education to law enforcement and criminal justice officials about the dynamics of family violence, services available, and support needed from the criminal justice system; and

(5) encouraging local criminal justice professionals to post signs and leave brochures in their offices about family violence and the availability of services.

§379.2029.Community Education.

(a) The center must have a written policy about community education that:

(1) ensures community education is provided to as many diverse groups as possible in each county where services are provided;

(2) focuses part of the community education on informing victims of family violence of existing family violence services; and

(3) complies with §379.2008 of this title (relating to Access to Services for People With Limited English Proficiency.

(b) The center must:

(1) use presentations;

(2) distribute written materials; and

(3) establish and use media contacts.

§379.2030.Volunteer Program.

The center must have and follow written policies and procedures regarding:

(1) recruitment methods that reach diverse groups of people from the communities of each county where services are provided;

(2) screening, training, supervising, evaluating, and terminating volunteers; and

(3) offering training for volunteers at least twice a year.

§379.2031.Volunteer Recruitment.

The center must have an ongoing recruitment program for volunteers to help with the center's programs that complies with:

(1) civil rights laws that allow qualified people an opportunity to volunteer; and

§379.2032.Content of Training for Direct Service Volunteers.

The center must develop training for direct service volunteers that includes, but is not limited to:

(1) a brief history of the Battered Women's Movement;

(2) the need for and benefit of shelter services;

(3) the dynamics of family violence;

(4) a brief summary of current Texas laws that address family violence issues;

(5) crisis intervention;

(6) hotline skills, if applicable;

(7) peer counseling techniques;

(8) risk assessment and safety planning;

(9) center policies and procedures;

(10) the organization's mission and philosophy;

(11) confidentiality;

(12) legal options for victims of family violence;

(13) community resources;

(14) sensitivity to cultural diversity; and

(15) the need for community systems to be responsive to the needs of victims of family violence.

§379.2033.Content of Training for Non-Direct Service Volunteers.

The center must provide non-direct service volunteers with:

(1) a basic orientation of the duties they perform; and

(2) at a minimum, basic information about the organization's mission, philosophy, and policies.

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 June 8, 2007.

TRD-200702338

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

Division 7. SERVICE DELIVERY

1 TAC §§379.2101 - 379.2121

Statutory Authority

The repeals are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed repeals affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed repeals.

§379.2101.What services must the nonresidential center provide?

§379.2102.What requirements must the nonresidential center meet for the crisis call hotline?

§379.2103.What crisis call hotline procedures must the nonresidential center have?

§379.2104.Can the nonresidential center use caller ID on the crisis call hotline?

§379.2105.Can the nonresidential center subcontract the answering of the crisis call hotline?

§379.2106.What procedures must the nonresidential center have for delivery of DHS-contracted services?

§379.2107.What information must the nonresidential center cover in the program participant's orientation?

§379.2108.What kind of intervention services must the nonresidential center provide to adult program participants?

§379.2109.Who can provide the nonresidential center intervention services?

§379.2110.How often should the nonresidential center provide intervention services?

§379.2111.Is the nonresidential center allowed to incorporate religion into the intervention services?

§379.2112.Is the nonresidential center required to help each program participant develop an individual service plan?

§379.2113.What are the nonresidential center's requirements regarding group intervention?

§379.2114.What are the requirements for the nonresidential center regarding delivery of children's direct services?

§379.2115.What is the nonresidential center's responsibility regarding emergency medical services?

§379.2116.What legal assistance services must the nonresidential center provide?

§379.2117.What are the requirements for the nonresidential center regarding legal assistance?

§379.2118.What training and employment services must the nonresidential center provide?

§379.2119.Must the nonresidential center maintain a referral system?

§379.2120.What policies must the nonresidential center have regarding termination of program participant services?

§379.2121.What information about termination of services must the nonresidential center provide program participants?

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 June 8, 2007.

TRD-200702339

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900

1 TAC §§379.2101 - 379.2113

Statutory Authority

The new rules are proposed under the authority granted to HHSC by Government Code, §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement HHSC's duties.

The proposed new rules affect the Texas Government Code, Chapter 51. No other statutes, articles, or codes are affected by these proposed new rules.

§379.2101.Nonresidential Center Services.

The center must provide, at a minimum, access to the following services directly, by referral or through formal arrangements with other agencies, and have written procedures regarding these services as described in this subchapter:

(1) 24-hour-a-day shelter;

(2) a crisis call hotline available 24 hours a day;

(3) emergency medical care;

(4) intervention services, including safety planning, understanding and support, information, education, referrals, resource assistance and developing individual service plans;

(5) emergency transportation;

(7) information about educational arrangements for children;

(8) information about training for and seeking employment; and

(9) a referral system to existing community services.

§379.2102.Data Collection.

(a) The center will regularly report complete and accurate data through the data collection system approved by the Commission, using service definitions in Nonresidential Center Provider Manual. Data submission is due by the deadline specified in the contract. The Commission reserves the right to impose sanctions if complete and accurate data are not submitted on time.

(b) In the event that a center may not be able to provide services due to a natural disaster or fire, the affected center will consult with the Commission regarding whether exceptions to data reporting deadlines and data collection service definition should be made.

§379.2103.Crisis Call Hotline.

(a) The center must operate a hotline and comply with the Commission requirements unless another organization located in the nonresidential center's service area provides a hotline that complies with Commission requirements.

(b) If the center operates the hotline, it must:

(1) answer the hotline 24 hours a day, every day of the year, by an individual trained in crisis intervention or who has immediate access to someone who has had this training;

(2) accept collect calls and anonymous incoming calls;

(3) list the hotline number in all telephone books within the center's service area and on the center's website, if applicable;

(4) provide a minimum of two hotline telephone lines;

(5) ensure the caller has direct access to a live person who is trained to assess the person's safety and that a messaging system is not used to answer the hotline;

(6) provide Caller ID blocks on the center's numbers for outgoing calls to program participants and other victims of family violence, which may only be unblocked with permission from the program participant or victim of family violence;

(7) ensure the screening process complies with all state and federal laws if the hotline is used to screen for eligibility for services;

(8) keep all hotline calls and any related documentation confidential;

(9) provide meaningful access to persons with disabilities, including victims of family violence with sensory and speech impairments;

(10) if the center uses Caller ID or any other technology that establishes a record of calls on the hotline, the center must:

(A) ensure there will not be a breach of confidentiality to third parties; and

(B) limit access to the records generated by these devices; and

(11) ensure the center is able to provide meaningful access to people with limited English proficiency.

§379.2104.Subcontracting the Crisis Call Hotline.

§379.2105.Medical Care.

The center is not required to provide or pay for emergency medical care, but must:

(1) maintain a current list of emergency medical care resources that can provide medical services for victims of family violence; and

(2) provide or arrange for emergency transportation to and from emergency medical facilities for program participants or victims of family violence being considered for acceptance as program participants.

§379.2106.Program Participant's Orientation.

The center must ensure the orientation is provided orally and in writing, is documented and includes, but is not limited to:

(1) explanation of services available;

(2) termination policy;

(3) program participants' rights;

(4) nondiscrimination statement;

(5) grievance procedures;

(6) safety and security procedures;

(7) confidentiality and limits of confidentiality; and

(8) waivers of liability.

§379.2107.Individual Service Plans.

The center must develop a written individual service plan with each program participant that reflects the program participant's particular needs.

§379.2108.Group Intervention.

(a) The center must provide at least one weekly support group for adult program participants, but must not mandate program participant attendance for weekly support groups; and

(b) If the center provides direct intervention family violence services, it must not use state funds for inherently religious activities, must not promote any one religion, and must not require program participants to participate in religious groups or to use religious materials.

§379.2109.Delivery of Children's Direct Services.

The center must:

(1) at a minimum, offer social or recreational activities for children while the adult parent is receiving services; and

(2) have services available that are specific to meet the needs of children.

§379.2110.Safety Policies and Procedures for Delivering Services to Children.

(a) The center must have and endorse written nonviolent disciplinary polices and procedures regarding child nonresidents, including policies and procedures for adult program participants, employees, and volunteers who provide services to children.

(b) The center must have written policies and procedures to:

(1) ensure the safety of children in its facilities; and

(2) maintain the safety of children when employees or volunteers take children on outings.

§379.2111.Texas Department of Family and Protective Services' (DFPS) Childcare Licensing Regulations.

If it is determined that the center is subject to DFPS child care licensing regulations, the center must have written policies and procedures to ensure compliance with those rules and regulations.

§379.2112.Legal Assistance Services.

The center must:

(1) maintain a current list of local criminal justice agencies and contact people in each county where services are provided;

(2) offer support and accompaniment to program participants in their pursuit of legal options;

(3) ensure legal advocacy services are available and specific to the needs of victims of family violence; and

(4) encourage the justice system to respond consistently to the needs of victims of family violence and to hold batterers accountable.

§379.2113.Training and Employment Services.

The center must provide or arrange the following for program participants:

(1) assistance preparing employment and training program applications and resumes; and

(2) information on job-seeking skills.

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 June 8, 2007.

TRD-200702340

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: July 22, 2007

For further information, please call: (512) 424-6900