reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter A - ADMINISTRATION › Section 700.110 - Waiver Provision for DFPS Pilot Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) As used in this section, the term "DFPS
				  Pilot Program" means a small-scale, time-limited, trial program that DFPS will
				  use to help determine the feasibility of implementing a project on a large
				  scale. The term may include:
(1) a pilot
				  program to implement integrated care coordination for certain high-needs
				  children in the conservatorship of the Department of Family and Protective
				  Services (DFPS). Integrated Care Coordination (ICC) means the coordination of
				  the activities of all entities and individuals responsible for an individual's
				  medical, social and behavioral health case management, ensuring all components
				  of medical, social and behavioral health case management are utilized
				  effectively, without duplication, to achieve quality outcomes for the child.
				  Integrated Care Coordination services are designed for the specific purpose of
				  maintaining the child or youth in, or transitioning the child or youth to, a
				  family-based or community-based setting and include placement responsibility
				  under a no eject, no reject contract. Integrated Care Coordination services
				  include responsibility for all child welfare related tasks and activities under
				  federal and state law;
(2) a pilot
				  program to contract for the case management of family-based safety services in
				  one or more administrative regions of the state; and
(3) any other pilot program determined to be
				  appropriate or feasible by the Commissioner of DFPS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to clarify to whom and
					 under what circumstances the Texas Department of Protective and Regulatory
					 Services (TDPRS) may disclose information made confidential under §
										261.201
					 of the Texas Family Code. These rules apply to those investigations carried out
					 under §
										261.301(a)
					 of the Texas Family Code. The rules in this subchapter do not apply to the
					 release of information relating to an investigation of abuse or neglect alleged
					 to have occurred in a facility as described in §
										261.301(b)
					 of the Texas Family Code, nor to the release of information from TDPRS's
					 Central Registry, as described under §
										261.002 of the
					 Texas Family Code. Additional policy safeguards may be developed by TDPRS as
					 needed to ensure the proper implementation of these rules in specific
					 cases.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this subchapter shall have the
					 following meanings, unless the context clearly indicates otherwise:
(1) Case records--All records described in
				  §
										261.201(a)
				  of the Texas Family Code which were collected, developed, or used in a child
				  abuse or neglect investigation, or in providing services as a result of an
				  investigation, and which are under the custody and control of the Texas
				  Department of Protective and Regulatory Services (TDPRS). The term case
				  records, as used in this subchapter, shall include investigation records, as
				  well as all records in the custody and control of TDPRS which relate to the
				  placement of a child in foster care or in other substitute care, or which
				  relate to the provision of other services to a child or the child's
				  family.
(2) Code--The Texas Family
				  Code.
(3) Investigation
				  records--That portion of the records described in §
										261.201(a)
				  of the Texas Family Code which were collected, developed, or used in a child
				  abuse or neglect investigation and which are under the custody and control of
				  TDPRS. The term investigation records, as used in this subchapter, shall not
				  include those records under the custody and control of TDPRS which relate
				  solely to the placement of a child in substitute care or to the provision of
				  services to a child or the child's family.
(4) Report--A report of alleged or suspected
				  child abuse or neglect, as described in Subchapter B, Chapter 261 of the Texas
				  Family Code.
(5) Reporter--An
				  individual who, on his own initiative, makes an unsolicited report to TDPRS or
				  to a duly constituted law enforcement agency, alleging the abuse or neglect of
				  a child. If more than one individual makes an unsolicited report alleging abuse
				  or neglect of the same child, all such individuals shall have the designation
				  of reporter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.204 - Redaction of Records Prior to Release

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided by this section or otherwise permitted by law, prior to the
				  release of confidential investigation or case records, the Department of Family
				  and Protective Services (DFPS) shall redact the records to remove the name,
				  address, and any other information in the record which tends to reveal the
				  identity of any individual as a reporter. In the event that an individual who
				  was a reporter also provided a witness statement or other evidence during the
				  course of the investigation, that individual's identity as a witness, as well
				  as the information provided by that individual in the role of witness, will be
				  released, provided that any information that would identify that individual as
				  the reporter is redacted from the record prior to its release.
(b) DFPS shall withhold the release of any
				  records obtained from another source, if the release of that record to the
				  requestor is prohibited under state or federal law. Information which may be
				  withheld under this section includes, but is not limited to, the following:
(1) "individually identifiable health
				  information," as defined by §1171 of the Social Security Act, to the
				  extent that DFPS is prohibited from releasing such information to the requestor
				  by Chapter 181 of the Health and Safety Code, and related regulations adopted
				  pursuant to Chapter 181;
(2) HIV
				  information unless release to the requestor is authorized under Chapter 81 of
				  the Health and Safety Code;
(3)
				  criminal history or arrest records obtained from a law enforcement entity
				  unless their release to the requestor is authorized under state or federal
				  law;
(4) adult or juvenile
				  probation records, as well as juvenile arrest records, unless their release to
				  the requestor is authorized under state or federal law; and
(5) the results of a polygraph exam, unless
				  their release to the requestor is authorized under §
											1703.306
				  of the Occupations Code, or other state or federal law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.205 - Procedures for Requesting Access to Confidential Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for access to records made
				  confidential under §261.201(a) of the Code shall be submitted on a
				  standard form developed by the Texas Department of Protective and Regulatory
				  Services (TDPRS) for this purpose. TDPRS's standard form will be designed to
				  obtain sufficient information from the requestor to determine which TDPRS
				  records are being requested, as well as to establish the requestor's identity
				  and relationship to the records being sought. TDPRS's standard form will
				  provide additional instructions regarding the proper filing of the request and
				  any fees which must be paid in order to obtain copies of the requested records.
				  TDPRS may waive the use of its standard form, or may request additional
				  information not included on the form, if TDPRS deems it appropriate under the
				  circumstances surrounding a particular request.
(b) Upon receipt of a proper request for
				  copies of records, and a determination that the requestor is entitled to have
				  access to those records, TDPRS will provide copies of the requested records,
				  subject to the exception in §
										700.206
				  of this title (relating to Videotapes, Audiotapes, and Photographs).
(c) Records will not be released under
				  §700.203(b) - (e) of this title (relating to Access to Confidential
				  Information Maintained by the Texas Department of Protective and Regulatory
				  Services (TDPRS)) until the investigation of an allegation of child abuse or
				  neglect is complete. Requests for records will be filled on a priority basis,
				  as provided by §
										702.223
				  of this title (relating to How does the department prioritize fulfilling
				  requests for copies of confidential client records that require redaction prior
				  to their release?).
(d)
				  Notwithstanding any other provision in this subchapter, if TDPRS has been sued
				  by any party and TDPRS determines that the release of the requested records
				  might interfere with its defense of that litigation, TDPRS may require that a
				  requestor seek access to records under the appropriate rules of civil procedure
				  rather than these rules.
(e)
				  Individuals not otherwise authorized to obtain records under this subchapter or
				  through the rules of civil or criminal procedure must obtain a court order
				  using the procedures outlined in §261.201(b) of the Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.206 - Videotapes, Audiotapes, and Photographs

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals who are authorized under
				  §
										700.203
				  of this title (relating to Access to Confidential Information Maintained by the
				  Texas Department of Protective and Regulatory Services (TDPRS)) to have access
				  to investigation records or case records may view and or listen to any
				  videotapes, audiotapes, or photographs which are a part of those records.
				  Access to this category of records will be permitted only in controlled areas,
				  designated by TDPRS, at a time mutually convenient to the requestor and TDPRS.
				  When viewing or listening to these records, the requestor may not be
				  accompanied by any individual who would not otherwise be entitled to have
				  access to these records, unless the participation of this individual is deemed
				  by TDPRS to be appropriate under the circumstances surrounding the
				  request.
(b) Copies of videotapes,
				  audiotapes, and photographs may be provided to the individuals or entities
				  identified in §
										700.203(a)
				  of this title (relating to Access to Confidential Information Maintained by the
				  Texas Department of Protective and Regulatory Services (TDPRS)), only if, in
				  the judgment of TDPRS, the provision of a copy is essential to the
				  investigation, prosecution, or resolution of a case. Copies of videotapes,
				  audiotapes, and photographs will not be provided to any other individual unless
				  so ordered by a court pursuant to §261.201(b) of the Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.207 - Charges for Copies of Records

Current through Reg. 49, No. 28; July 12, 2024
Records provided under authority of §
										700.203(a)
					 and (d) of this title (relating to
					 Confidential Information Maintained by the Texas Department of Protective and
					 Regulatory Services (TDPRS)), will be provided at no charge to the requestor.
					 All other requestors will be charged a fee, using the same fee structure as
					 that used by TDPRS when assessing charges under Chapter 552, Texas Government
					 Code. When calculating charges under this rule, TDPRS shall include a charge
					 for all staff time expended in the redaction of records, regardless of whether
					 the records are redacted by a TDPRS attorney. TDPRS may waive charges when it
					 determines that such a waiver is necessary to protect the due process rights of
					 the requestor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.209 - Release of Child Fatality Records

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding any other provision in this subchapter,
					 records related to a child fatality that is the subject of an investigation by
					 Child Protective Services may be released to the general public as provided
					 under Subchapter D, Release of Records Related to a Child Fatality, in Chapter
					 702 of this title (relating to General Administration).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter B - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 700.211 - Internet Application for Court-Appointed Volunteer Advocates

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department of Family and Protective
				  Services (DFPS) shall develop an Internet application that allows a
				  court-appointed volunteer advocate representing a child in DFPS' managing
				  conservatorship to:
(1) access the child's
				  case file, as further specified in subsection (b) of this section and
				  Memorandum of Understanding (MOU) entered into pursuant thereto; and
(2) add the volunteer advocate's findings and
				  reports to the child's case file.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.308 - Right to Refuse Services and Consequences of Refusal

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent's absence or refusal to accept
				  services offered by the Texas Department of Family and Protective Services
				  (DFPS) does not change DFPS's legal responsibility to protect children. Parents
				  must not be coerced or defrauded into accepting services but must be notified
				  of the steps DFPS may take to protect the children if the parents refuse
				  services.
(b) Parents have the
				  right to refuse services offered by DFPS unless a court has ordered the
				  services.
(c) If parents refuse to
				  allow DFPS to investigate, DFPS may request the county or district attorney to
				  petition the court for an order that requires the parents to allow the
				  investigation. If the allegation of abuse or neglect or other information
				  available to DFPS indicates immediate danger to the child, DFPS may also seek a
				  court order to remove the child from the home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.309 - Administrative Reviews of Client Complaints

Current through Reg. 49, No. 28; July 12, 2024
Child protective services clients have the right to an
					 administrative review of any complaint about the Texas Department of Family and
					 Protective Services' child protective services. When clients make a complaint,
					 staff inform the clients that they may request an administrative review. An
					 administrative review is conducted by staff at a higher level than the worker
					 within a reasonable time after the client requests the
					 review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.310 - Fair Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Child
				  protective services clients have the right to a fair hearing if services they
				  request are denied, reduced, or terminated or if the Texas Department of Family
				  and Protective Services (DFPS) does not act on their request for services with
				  reasonable promptness.
(b) When
				  DFPS staff informs a client that requested services have been denied, reduced,
				  or terminated or will not be provided with reasonable promptness, staff must
				  also inform the client:
(1) that the client
				  may request a fair hearing to question DFPS action;
(2) the procedures for requesting a fair
				  hearing; and
(3) that the client
				  may be represented at the hearing by others, including legal counsel.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.311 - Eligible Individuals

Current through Reg. 49, No. 28; July 12, 2024
(a) Children and
				  their families are eligible for services to prevent abuse and neglect and to
				  avoid having to remove children from their homes, services to remove children
				  in danger of harm, and services to reunify families when both of the following
				  two conditions are satisfied.
(1) Child
				  Protective Services (CPS) determines that there is a reasonable likelihood that
				  a child will be abused or neglected in the foreseeable future. CPS bases this
				  determination on the statutory definitions of child abuse and neglect in the
				  Texas Family Code, §
											261.001.
(2) The case meets the criteria for providing
				  services in at least one of the following sections and subchapters:
(A)
												§
												700.515
				  of this title (relating to Providing Immediate Protection);
(B) Subchapter G of this chapter (relating to
				  Services for Families);
(C)
				  Subchapter K of this chapter (relating to Court-Related Services);
				  and
(D) Subchapter M of this
				  chapter (relating to Substitute-Care Placement Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.312 - Eligibility for Community Services Purchased for Child Protective Services Clients

Current through Reg. 49, No. 28; July 12, 2024
Children and their families are eligible for purchased
					 protective services if the following criteria are met:
(1) the child or the child's family is
				  receiving services delivered by child protective services staff;
(2) the service plan for the child or the
				  family indicates that purchased services are appropriate to remedy the problems
				  contributing to the abuse or neglect;
(3) the child or the child's family meets the
				  eligibility criteria for the specific purchased service;
(4) for placement services, the child meets
				  the criteria for placement as stipulated in Title 5 of the Texas Family
				  Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.313 - Limitations on Purchased Services

Current through Reg. 49, No. 28; July 12, 2024
Provision of purchased services is based on available
					 funding for purchased services and available community
					 resources.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.314 - Authorization and Reauthorization of Services

Current through Reg. 49, No. 28; July 12, 2024
To receive purchased child protective services, a client
					 must be authorized for the service by the Texas Department of Family and
					 Protective Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.315 - Foster Care Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) There are
				  three types of foster care assistance provided to eligible children:
(1) Title IV-E foster care
				  assistance;
(2) State-paid foster
				  care assistance; and
(3) Medical
				  Assistance Only (MAO).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.316 - General Eligibility Requirements for Foster Care Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) A child or young adult must meet all of
				  the following criteria to be eligible for Title IV-E or state-paid foster care
				  assistance.
(1) Responsibility for placement
				  and care. Except as provided in subsection (c) of this section, the Texas
				  Department of Family and Protective Services (DFPS) must have responsibility
				  for the child's placement and care. This requirement is met if:
(A) The child is placed in DFPS's managing
				  conservatorship by written court order issued under Title 5, Texas Family
				  Code;
(B) DFPS takes possession of
				  the child under Texas Family Code Chapter 262;
(C) The child lives with his minor parent,
				  and the minor parent is in DFPS's managing conservatorship. The child and the
				  minor parent must reside together in the same foster family home or residential
				  child-care operation;
(D) The young
				  adult was in DFPS's conservatorship on the day before turning 18, has signed a
				  voluntary Extended Foster Care Agreement, and meets all of the eligibility
				  requirements in §
												700.346 of
				  this title (relating to Extended Foster Care); or
(E) The child lives with a parent who is
				  receiving extended foster care assistance, except that in some instances the
				  parent may be required to apply for Medicaid on the child's behalf under §
												700.346 of
				  this title.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.320 - Eligibility in Medical Facilities before Placement

Current through Reg. 49, No. 28; July 12, 2024
(a) A child in a medical facility is eligible
				  for medical assistance only (MAO) if:
(1) The
				  child meets the general eligibility requirements specified in §
											700.316(b)
				  of this title (relating to General Eligibility Requirements for Foster Care
				  Assistance); and
(2) DFPS plans to
				  place the child outside the home in a residential child-care facility or
				  relative placement as soon as the child leaves the medical facility. DFPS must
				  proceed with the planned placement unless there is a change in the court order
				  or some other event occurs that clearly precludes making the
				  placement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.323 - Continuation of Foster Care Payments During Absences from Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Under certain circumstances, the Texas
				  Department of Family and Protective Services (DFPS) will continue to make
				  foster care payments to a provider on behalf of a child who is no longer in
				  that provider's care, in order to reserve space for the child's anticipated
				  return to that provider at a date in the near future. The maximum duration of
				  continued payments to the provider during a child's absence is subject to the
				  limitations set forth in this section.
(b) Payments to a provider for foster care
				  during a child's absence will only be made if each of the following conditions
				  are met:
(1) DFPS plans to return the child
				  to the provider at the end of the absence;
(2) The provider agrees to reserve space for
				  the child's return for as long as payments are made in the child's absence;
				  and
(3) DFPS is not making foster
				  care payments on behalf of this same child to any other provider during the
				  child's absence.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.328 - Foster Care Maintenance Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) Other
				  than in a catchment area in which the Department of Family and Protective
				  Services (DFPS) contracts with a Single Source Continuum Contractor, all
				  providers of 24-hour residential child care, including foster family homes
				  verified by DFPS, general residential operations, residential treatment
				  centers, independent foster family homes, independent foster group homes,
				  Supervised Independent Living (SIL) providers, child-placing agencies, and any
				  other entity that meets the definition of "child-care institution" under
				  42 U.S.C.
				  §672 must complete a contract or
				  agreement with DFPS in order to receive foster care maintenance
				  payments.
(b) DFPS's foster care
				  rates are approved by the Health and Human Services Commission in accordance
				  with 1 TAC §355.7103(relating to Rate-Setting Methodology for 24-Hour
				  Residential Child-Care Reimbursements) and 1 TAC §355.7105(relating to
				  Reimbursement Methodology for Supervised Independent Living). Except as
				  otherwise provided in those rules, the foster care payment rate is tied to the
				  child's service level.
(c) Any
				  entity that receives foster care maintenance payments in accordance with
				  subsection (a) of this section must accept DFPS's Common Application for
				  Placement of Children in Residential Child Care as the uniform assessment form
				  and application for admission.
(d)
				  General residential operations, residential treatment centers, independent
				  foster family homes, independent foster group homes, SIL providers, Single
				  Source Continuum Contractors, and child-placing agencies that receive payment
				  from DFPS either directly or indirectly must submit cost reports in compliance
				  with 1 TAC §355.7101(relating to Cost Determination Process) and as
				  specified in the entity's contract or agreement with DFPS. Failure to complete
				  and submit a cost report is grounds for placing a hold on payments to the
				  provider or for terminating the contract or agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.329 - Effective Dates of Foster Care Maintenance Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) The effective date for beginning foster
				  care maintenance payments is the date the child meets all eligibility
				  requirements for foster care assistance.
(b) The Department of Family and Protective
				  Services (DFPS) pays for the calendar day on which a child is placed, but not
				  for the calendar day on which the child is discharged.
(c) DFPS does not pay two different
				  facilities for foster care assistance for the same child on the same
				  date.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.330 - Billing and Payment for Foster Care Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department of Family and Protective
				  Services (DFPS) will offset the costs of foster care assistance by utilizing
				  any resources available to the child in excess of applicable resource limits
				  and any sources of a child's income that are designated for the child's
				  maintenance and support. Such sources of income include but are not limited to:
				  Supplemental Security Income (SSI); Retirement, Survivors, and Disability
				  Insurance (RSDI); Veterans Administration (VA) benefits; any other dependent or
				  survivor's income; funds resulting from the child's Indian heritage; or other
				  income from private sources designated for the child's support and maintenance.
				  However, income earned by the foster child as a result of the child's
				  employment while under the placement and care responsibility of DFPS cannot be
				  used to pay for the child's care.
(b) DFPS foster care billing staff use the
				  IMPACT System to pay foster care assistance.
(c) If a county pays for foster care for the
				  care of a child who is ineligible for state-provided foster care assistance or
				  if a child's funds are used, the rate must be the same rate as DFPS
				  pays.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.331 - Effect of SSI Eligibility on Foster Care Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) A child who receives Supplemental
				  Security Income (SSI) benefits is eligible for state-paid foster care
				  assistance, subject to offset as described in subsection (c) of this section
				  and §
										700.330
				  of this title (relating to Billing and Payment for Foster Care
				  Assistance).
(b) A foster care
				  provider is eligible to receive state foster care payments for a child who is
				  receiving SSI benefits only to the extent the cost of foster care exceeds the
				  amount of the SSI benefits. Under no circumstances may a foster care provider
				  receive a full foster care payment and the full SSI monthly benefit or any
				  amount in excess of the applicable foster care reimbursement, as the foster
				  care reimbursement is reduced dollar-for-dollar by SSI benefit
				  amount.
(c) A child is not entitled
				  to receive both SSI benefits and Title IV-E foster care assistance. However,
				  the Department of Family and Protective Services may make a decision to suspend
				  SSI benefits for children who are Title IV-E eligible, in order to maximize
				  federal funding.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.332 - Eligibility for Foster Care Day Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) In this subchapter, the following terms
				  have the following meanings:
(1) "Day care"
				  means the assessment, care, training, education, custody, treatment, or
				  supervision of a foster child by a person other than the child's foster parent
				  for less than 24 hours a day, but at least two hours a day, three or more days
				  a week.
(2) "Emergency placement
				  that is in the child's best interest" means that despite the exercise of
				  reasonable diligence, compliance with the Department's verification process
				  regarding the availability of community day care resources would interfere with
				  a placement that is in the child's best interest.
(3) "School-aged child" means a child who has
				  reached the age of 6 by September 1 of the current year or who enrolls in
				  school and reaches the age of 6 during the school year.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.334 - Eligibility for Special Needs Foster Child Day Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent funds are available, DFPS
				  may provide special needs foster child day care services for authorized
				  purposes to a foster parent if the child:
(1)
				  meets all eligibility requirements in §
											700.332
				  of this title (relating to Eligibility for Foster Care Day Care Services);
(2) is placed in a foster family
				  or foster group home;
(3) has a
				  billing service level of Basic or receives an approved waiver of the required
				  basic service level through the regional day care coordinator;
(4) is age 5 or younger;
(5) has been diagnosed by a professional as
				  having a developmental delay, which is documented in the case record, in at
				  least one of the following areas: physical, social, emotional, cognitive or
				  language development; and
(6) has
				  a service plan that specifies:
(A) the need
				  for therapeutic or habilitative child day care; and
(B) how therapeutic child day care will meet
				  specific needs related to the child's developmental delays that cannot be met
				  by the foster parents.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.345 - Eligibility for Foster Care Recipients Placed Out of State or Placed in Texas from Other States

Current through Reg. 49, No. 28; July 12, 2024
(a) When a Title IV-E
				  foster care assistance recipient is placed out of state, the Texas Department
				  of Family and Protective Services (DFPS) continues to make foster care
				  maintenance payments; but the receiving state becomes responsible for the
				  Medicaid benefits. DFPS furnishes the receiving state with Title IV-E
				  eligibility information for payment of Medicaid benefits.
(b) When a state-paid or
				  medical-assistance-only foster care recipient is placed out of state, DFPS
				  continues to provide both Medicaid benefits and foster care maintenance
				  payments, as applicable.
(c) When a
				  Title IV-E foster care assistance recipient is placed in Texas from another
				  state, the sending state continues to make Title IV-E foster care maintenance
				  payments, but DFPS provides the Medicaid coverage. The sending state furnishes
				  DFPS with Title IV-E eligibility information for payment of Medicaid
				  benefits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.346 - Extended Foster Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the
				  availability of a placement approved by the Department of Family and Protective
				  Services (DFPS), a young adult may receive foster care assistance if all of the
				  following eligibility requirements are met:
(1) The young adult meets the requirements of
				  §
											700.316
				  of this title (relating to General Eligibility Requirements for Foster Care
				  Assistance);
(2) The young adult
				  turned 18 years of age while in the temporary or permanent managing
				  conservatorship of DFPS;
(3) The
				  young adult signs and continues to abide by the terms of a Voluntary Extended
				  Foster Care Agreement, including monthly caseworker visits and participation in
				  all required extended foster care review hearings under Subchapter G of Chapter
				  263, Texas Family Code;
(4) The
				  young adult provides sufficient documentation on a periodic basis as required
				  by the terms of the young adult's Voluntary Extended Foster Care Agreement to
				  demonstrate that within 30 days of turning 18, the young adult is engaged in an
				  eligible activity. For the purposes of this section, an "eligible activity"
				  includes:
(A) Regularly attending high school
				  or a program leading toward a high school diploma or high school equivalence
				  certificate;
(B) Regularly
				  attending an institution of higher education or a post-secondary vocational or
				  technical program;
(C) Actively
				  participating in a program or activity that promotes, or removes barriers to,
				  employment;
(D) Being employed for
				  at least 80 hours per month; or
(E)
				  Being incapable of performing any of the activities listed in subparagraphs (A)
				  - (D) of this paragraph due to a documented medical condition, as further
				  described in subsection (b) of this section; and
(5) A young adult who is eligible for SSI,
				  RSDI, or another monthly benefit designated for the young adult's maintenance
				  and support agrees to allow DFPS to use any benefits received to offset the
				  young adult's cost of care pursuant to a voluntary extended foster care
				  financial agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.347 - Supervised Independent Living Placements

Current through Reg. 49, No. 28; July 12, 2024
(a) In order for a young adult to be placed
				  in a Supervised Independent Living (SIL) Placement the following must occur:
(1) The young adult must be determined
				  eligible for the extended foster care program as provided in §
											700.346 of
				  this title (relating to Extended Foster Care);
(2) The young adult must be approved by the
				  Department of Family and Protective Services (DFPS) for the SIL placement;
				  and
(3) There must be an SIL
				  placement approved by DFPS available.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter C - ELIGIBILITY FOR CHILD PROTECTIVE SERVICES › Section 700.348 - Enhanced Case Management Services in a Supervised Independent Living Setting

Current through Reg. 49, No. 28; July 12, 2024
(a) Enhanced Case
				  Management (ECM) services can be provided to eligible young adults who
				  participate in the Supervised Independent Living (SIL) Program when these young
				  adults require additional support or services to be able to adjust and maintain
				  independence while residing in the SIL placement. ECM services can include, but
				  are not limited to:
(1) assisting the young
				  adult in scheduling, obtaining, and maintaining available medical, educational,
				  employment, or other services through community-based, governmental agencies,
				  or other organizations;
(2)
				  assisting the young adult in arranging transportation to necessary
				  appointments;
(3) developing and
				  monitoring a medication management plan that assists the young adult in
				  understanding, scheduling, and managing their medication; and
(4) assisting the young adult in improving
				  their daily life-skills such as cooking, money management, cleaning, and
				  shopping.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 1 - FAMILY REUNIFICATION SERVICES › Section 700.701 - Services to Families

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition.
					 The Department of Family and Protective Services' (DFPS) Child Protective
					 Services (CPS) Division provides family reunification services for families.
					 These services are provided to families and children to:
(1) protect the children from abuse and
					 neglect;
(2) help the family reduce
					 the risk of abuse and neglect; and
(3) make it possible for the children to
					 return home and live there safely after DFPS has removed them and placed them
					 in substitute care as specified in Subchapters K and M of this chapter
					 (relating to Court-Related Services and Substitute-Care Placement
					 Services).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 1 - FAMILY REUNIFICATION SERVICES › Section 700.703 - Family Reunification Services

Current through Reg. 49, No. 28; July 12, 2024
The Department of Family and Protective Services'
						(DFPS's) Child Protective Services (CPS) Division provides reunification
						services to families whose children are returning home at the end of their stay
						in substitute care. It does not include the services that CPS provides to
						families over the general course of a child's stay in substitute care, even
						though those services are usually directed towards family reunification. The
						purpose of the services is to provide support to the family and the child
						during the child's transition from living in substitute care to living at
						home.
(1) Objectives. The objectives
					 of reunification services are to:
(A) ensure a
					 smooth transition by helping the family and child prepare for and adjust to the
					 child's return;
(B) help the
					 parents build on family strengths and resources in order to manage the risk of
					 abuse or neglect; and
(C) enable
					 the family to ensure the child's safety without CPS assistance after the case
					 is closed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 1 - FAMILY REUNIFICATION SERVICES › Section 700.704 - Family Service Plan for Family Reunification Services Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial time frame. Within 45 days after
					 the case is opened for family reunification services, as defined in §
											700.703
					 of this title (relating to Family Reunification Services), the Department of
					 Family and Protective Services' (DFPS's) Child Protective Services (CPS)
					 Division must establish a detailed written plan of service for the
					 family.
(b) Purposes. The purposes
					 of the family service plan for families receiving family reunification services
					 are to:
(1) establish a structured,
					 time-limited process for providing services; and
(2) ensure that services progress as quickly
					 as possible towards enabling the family to:
(A) reduce the risk of abuse or neglect;
					 and
(B) function effectively
					 without CPS assistance.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 1 - FAMILY REUNIFICATION SERVICES › Section 700.706 - Case Closure of Family Reunification Services Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Case closure. If the court has dismissed
					 the Department of Family and Protective Services as conservator, Child
					 Protective Services (CPS) Division will close the legal case. However, CPS may
					 continue to provide services to the family on a voluntary basis or by
					 initiating court ordered services if the family has not been able to reduce the
					 risk to the child so that the child is safe from abuse and neglect.
(b) Transfer from family reunification to
					 substitute care. When possible, CPS staff, together with the family, make the
					 decision to remove the child from the home. CPS staff, together with the
					 family, explore every reasonable alternative for keeping the child safe from
					 abuse and neglect in the home to eliminate the need to remove. When the family
					 is still unable to protect a child from abuse or neglect in the immediate
					 future, CPS staff initiate a removal of the child from the home. This may or
					 may not require new legal intervention depending on the legal status at the
					 time. Substitute care services are then provided to the child and
					 family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 2 - FAMILY-BASED SAFETY SERVICES › Section 700.710 - Services to Families

Current through Reg. 49, No. 28; July 12, 2024
Family-based safety services are protective services
						provided to a family whose children are not in the conservatorship of the
						Department of Family and Protective Services (DFPS). DFPS's Child Protective
						Services (CPS) Division provides family-based safety services to families and
						children that need CPS assistance to:
(1) protect the children from abuse and
					 neglect;
(2) help the family reduce
					 the risk of future abuse or neglect; and
(3) prevent the removal of the children from
					 their home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 2 - FAMILY-BASED SAFETY SERVICES › Section 700.712 - Provision of Family-Based Safety Services

Current through Reg. 49, No. 28; July 12, 2024
(a) CPS provides family-based safety services
					 when:
(1) a child in the family is at risk of
					 abuse or neglect;
(2) the child
					 cannot remain safely in the home without a Safety Plan, or the family cannot
					 reduce the risk of abuse or neglect and/or ensure immediate child safety
					 without CPS assistance; and
(3) CPS
					 can provide or arrange for services to:
(A)
					 keep the child safe in the home;
(B) reduce the risk of abuse or neglect;
					 and
(C) enable the family to
					 function effectively without CPS assistance in the future.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter G - SERVICES FOR FAMILIES › Division 2 - FAMILY-BASED SAFETY SERVICES › Section 700.714 - Contacts for Family-Based Safety Services

Current through Reg. 49, No. 28; July 12, 2024
(a) After the family-based safety services
					 case is opened, the caseworker will make an initial face-to-face contact with:
(1) each child who will be receiving
					 family-based safety services; and
(2) each parent who will be receiving
					 family-based safety services.