PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700. CHILD PROTECTIVE SERVICES
The Department of Family and Protective Services (DFPS) adopts amendments to section rules in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 700 Subchapters B, C, H, J, M, Q, and W and adopts new Subchapter E.
The Department of Family and Protective Services (DFPS) adopts new §§700.115, 700.501 - 700.510, 700.512, and 700.513 and amendments to §§700.211, 700.328, 700.332, 700.334, 700.844, 700.1039 and 700.1733 in Chapter 700 concerning Child Protective Services. DFPS adopts §§700.514 - 700.528, and 700.511 without changes to the proposed text published in the October 11, 2024, issue of the Texas Register (49 TexReg 8349). The edits to these rules do not change the nature or the scope of the rule nor does it create any new duties or power or affect new persons or entities, other than those already given notice. Rather the change more directly reflects what is already permitted under the rule but is corrected as it was an error in text. Accordingly, the rules will not be republished.
BACKGROUND AND JUSTIFICATION
The newly amended rules aim to implement the provisions of the General Appropriations Act, Senate Bill 1 Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26). The Department of Family and Protective Services (DFPS) with the assistance of HHSC, developed an alternative reimbursement methodology proposal for the 87th Legislature for foster care and Community-based Care (CBC) rates.
The purpose of the adopted rule amendments is to implement the alternative reimbursement methodology, which will transform the foster care system to better align and support the success of CBC by establishing clearly defined foster care models/service packages with new corresponding foster care rates.
COMMENTS
The 30-day comment period ended November 11, 2024. During this period, DFPS received comments from Texas Alliance of Child and Family Services. A summary of the comments and DFPS's response follows:
Comment: Texas Alliance of Child and Family Services commented that throughout Chapter 700, Subchapter E, Division 2, the operation and direct care staff language regarding credentials was unclear. The language as written made it seem that an individual staff would have to be credentialed. Another concern was that throughout communications with DFPS regarding the implementation of T3C, DFPS has indicated that the add-on service in proposed rule §700.511 would be the CPA's expense, while the rule are proposed stated that "a portion of the funding" would be from CPAs.
Response: DFPS updated Chapter 700, Subchapter E, Division 2, to remove language regarding direct care staff having to be credentialed. In proposed rule §700.511, DFPS also removed reference to "portions of funding" so that it more accurately reflects that all of the funding is intended to reimburse Child Placing Agencies. Both edits reflect wording errors.
SUBCHAPTER A. ADMINISTRATION
DIVISION 1. INTAKE, INVESTIGATION AND ASSESSMENT
STATUTORY AUTHORITY
The adopted amended rule implements the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405790
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633
DIVISION 1. INTAKE, INVESTIGATION AND ASSESSMENT
The adopted amended rule implements the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405791
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633
40 TAC §§700.328, 700.332, 700.334
The adopted amended rules implement the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405792
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633
DIVISION 1. BASIC FOSTER FAMILY HOME SUPPORT SERVICE PACKAGES
The adopted new rules implement the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department’s jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405793
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633
The adopted new rules implement the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405794
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633
DIVISION 3. APPLLICATION PROCESS, AGREEMENTS AND BENEFITS
The adopted amended rule implements the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405795
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633
DIVISION 2. PERMANENCY CARE ASSISTANCE PROGRAM
The amended rule implements the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405796
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633
DIVISION 2. POST-PERMANENCY SERVICES
The adopted amendment implements the General Appropriations Act, Senate Bill 1, Regular Session 2021 (Article II, Special Provisions Related to All Health and Human Services Agencies, Section 26).
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 2, 2024.
TRD-202405797
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: December 22, 2024
Proposal publication date: October 11, 2024
For further information, please call: (512) 929-6633