reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2006 - Denial of Services

Current through Reg. 49, No. 28; July 12, 2024
A 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 staff and program participants;
(2) apply equally to all people;
(3) comply with the laws and regulations described in §379.2004 of
													 this division (relating to Federal and State Laws Regarding Eligibility); and
(4) contain procedures that take into consideration the safety of the
													 victim.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2007 - Eligibility of Previously Involuntarily Terminated Program Participants

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															policies and procedures to assess the safety and appropriateness of providing services to a victim whose
															services were previously involuntarily terminated and who is currently requesting services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2008 - Access to Services for People with Limited English Proficiency

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 serve people with limited English proficiency and take reasonable steps to ensure meaningful access to the
													 program; and
(2) develop, maintain, and comply with written
													 policies and procedures for the access and delivery of services to people with limited English
													 proficiency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2009 - Nonresidential Services for a Person Under 18 Years of Age

Current through Reg. 49, No. 28; July 12, 2024
(a) A nonresidential center may provide a
													 nonresidential service to a minor if:
(1) the minor consents to counseling
													 from a licensed or certified physician, psychologist, counselor, or social worker, under Texas Family Code
													 §
												RSA 32.004, for:
(A) suicide prevention;
(B)
													 chemical addiction or dependency; or
(C) sexual, physical, or
													 emotional abuse;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2010 - Termination of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must develop, maintain, and comply with written policies and
													 procedures that:
(1) outline behaviors that threaten the safety and
													 security of staff and program participants 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
(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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2011 - General Confidentiality Policy

Current through Reg. 49, No. 28; July 12, 2024
A center must have 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;
(C)
													 volunteers;
(D) employees; and
(E) others related to the program;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2012 - Confidentiality Information for Adult Program Participants

Current through Reg. 49, No. 28; July 12, 2024
A 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' case files and records;
(4) an overview
													 of the center's policy and practices on confidentiality;
(5)
													 current state and federal laws regarding the limits of confidentiality under the law, including mandatory
													 reporting for abuse or suspected abuse of:
(A) children;
(B) the elderly; and
(C) people
													 with disabilities;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2013 - Confidentiality Agreements

Current through Reg. 49, No. 28; July 12, 2024
A center must have all employees, volunteers, board members,
															student interns, and adult program participants 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. The signed agreements must be placed:
(1) in the personnel files of the employees;
(2) in the corporate records of the board members; and
(3) in the individual files of volunteers, student interns, and program
													 participants.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2014 - Confidentiality Training

Current through Reg. 49, No. 28; July 12, 2024
A center must provide training to employees, board members,
															volunteers who have access to personally identifying information, and interns on:
(1) confidentiality policies and procedures;
(2) the importance of confidentiality for victims of family
													 violence;
(3) how information is recorded; and
(4) state and federal laws regarding confidentiality.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2015 - Information in Program Participant Files

Current through Reg. 49, No. 28; July 12, 2024
A center must limit the information kept in a program
															participant's 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2016 - Policies and Procedures Regarding Entries in Program Participant's File

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must develop, maintain, and comply
													 with written policies and procedures regarding entries into a program participant's file that require that:
(1) each entry must be attributed to and dated by the employee or volunteer
													 entering the information;
(2) a program participant file must 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, the center must, at a
													 minimum, maintain separate case records to promote victim safety and confidentiality.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2017 - Maintaining Control over Program Participant Files

Current through Reg. 49, No. 28; July 12, 2024
A center must develop maintain, and comply with written
															procedures that:
(1) outline the responsibilities of the custodian
													 of the records, designated by the center's executive director, for maintaining control over the program
													 participant records, including the court's access to the records;
(2) require program participant records to be kept secure and not be
													 removed from the center's premises without the written permission of the custodian of the records;
(3) provide for the safekeeping of program participant records in the event
													 of the center's closure; and
(4) allow a program participant to
													 access her or his records in the event of the center's closure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2018 - Release of Program Participant Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2019 - Release of Program Participant Information Document

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2020 - Court Orders

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2021 - Procedures Regarding Court Orders

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															policies and 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 the records;
(3)
													 which attorney(s) should be contacted;
(4) who will discuss the
													 subpoena and legal options with the program participant or other victim of family violence, and at what
													 point;
(5) compliance with state and federal confidentiality
													 provisions; and
(6) the circumstances under which records may be
													 released.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2022 - Notification of Court Orders

Current through Reg. 49, No. 28; July 12, 2024
A center must attempt, whenever possible, to notify a program
															participant, hotline caller, or other victim of family violence when a court order affects the individual or
															the individual's records.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2023 - Policies and Procedures for the Retention and Destruction of Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must develop, maintain, and comply
													 with written policies and procedures for the retention and destruction of all written, electronic, and
													 digital documentation that pertains to all 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2024 - Minimum Hours for a Nonresidential Center

Current through Reg. 49, No. 28; July 12, 2024
A 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 Health and Human Services Commission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2025 - Requirements if a Victim of Family Violence Needs Shelter Services

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															referral procedures for helping victims of family violence obtain temporary shelter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2026 - Disruption in Providing Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must develop, maintain, and comply with written policies and
													 procedures for any disruption in the ability to provide services.
(b) Any disruption in the ability to provide services must be verbally
													 reported immediately to the Health and Human Services Commission (HHSC).
(c) After the initial verbal notification, the center must submit to HHSC,
													 within two weeks, a written description of the disruption and how services will be or were
													 maintained.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2027 - Program Participant Rights

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 provide written rights to all program participants;
(2) make
													 reasonable accommodations to provide written rights for program participants with limited English
													 proficiency; and
(3) post program participant rights in a visible
													 area within all center facilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2028 - Cooperation With Criminal Justice Officials

Current through Reg. 49, No. 28; July 12, 2024
A center must develop and maintain 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 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2029 - Community Education

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must have written policies and procedures about community
													 education that:
(1) ensure that community education is provided to as many
													 diverse groups as possible in each county where services are provided;
(2) focus part of the community education on informing victims of family
													 violence of existing family violence services; and
(3) comply
													 with §
												RSA
													 379.2008 of this title (relating to Access to Services for People with
													 Limited English Proficiency).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2030 - Volunteer Program

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2031 - Volunteer Recruitment

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2032 - Content of Training for Direct Service Volunteers

Current through Reg. 49, No. 28; July 12, 2024
A center must provide 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's policies and procedures;
(10) the organization's mission and philosophy;
(11) confidentiality;
(12)
													 legal options for victims of family violence;
(13) economic
													 options for victims of family violence;
(14) community
													 resources;
(15) sensitivity to cultural diversity;
(16) the need for community systems to be responsive to the needs of
													 victims of family violence; and
(17) applicable civil rights laws
													 and regulations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.2033 - Content of Training for Non-Direct Service Volunteers

Current through Reg. 49, No. 28; July 12, 2024
A center must provide non-direct service volunteers
															with:
(1) a basic orientation of the duties they perform;
(2) the center's policies and procedures regarding confidentiality;
													 and
(3) at a minimum, basic information about the organization's
													 mission, philosophy, and policies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2101 - Nonresidential Center Services

Current through Reg. 49, No. 28; July 12, 2024
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;
(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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2102 - Data Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must regularly report complete and accurate data through the
													 data collection system approved by the Health and Human Services Commission (HHSC), using service definitions
													 in the Nonresidential Center Provider Manual. Data submission is due by the deadline specified in the
													 contract. HHSC 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 HHSC regarding whether
													 exceptions to data reporting deadlines and data collection service definitions should be made.
(c) When collecting and reporting data, the center must comply with state
													 and federal confidentiality provisions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2103 - Crisis Call Hotline

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must operate a hotline and comply with Health and Human
													 Services Commission (HHSC) requirements unless another organization located in the nonresidential center's
													 service area provides a hotline that complies with HHSC 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 directories 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) 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; and
(B) comply with the confidentiality
													 requirements of §
													RSA
													 379.2023 of this subchapter (relating to Policies and Procedures for the
													 Retention and Destruction of Documentation) regarding the records generated by caller ID or other
													 technology.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2104 - Subcontracting the Crisis Call Hotline

Current through Reg. 49, No. 28; July 12, 2024
If a center subcontracts the answering of the hotline, it must
															have the subcontractor arrangement approved by the Health and Human Services Commission (HHSC) and must
															develop, maintain, and comply with a written policy and procedure that addresses how the subcontractor meets
															HHSC's training requirements for all direct service staff and will ensure immediate access to the center's
															24-hour-a-day services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2105 - Medical Care

Current through Reg. 49, No. 28; July 12, 2024
A 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) develop, maintain, and comply with written policies and procedures
													 about providing or arranging for emergency transportation to and from emergency medical facilities for
													 program participants or victims of family violence being considered for acceptance as program
													 participants.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2106 - Program Participant's Orientation

Current through Reg. 49, No. 28; July 12, 2024
A center must ensure that an orientation is provided to a
															program participant 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;
(8) waivers of liability; and
(9) a wellness check for all family members that addresses their immediate
													 needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2107 - Individual Service Plans

Current through Reg. 49, No. 28; July 12, 2024
A center must develop and periodically update a written
															individual service plan with each adult program participant that reflects the program participant's
															self-identified needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2108 - Group Intervention

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 provide at least one weekly support group for adult program participants; and
(2) not mandate adult program participant attendance at weekly support
													 groups.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2109 - Religion and Intervention Services

Current through Reg. 49, No. 28; July 12, 2024
If a 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2110 - Delivery of Children's Direct Services

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 have services available that are specific to meet the needs of children, including information and referral
													 services; and
(2) make reasonable accommodations to provide
													 recreational or social activities for children during the time in which the adult parent is receiving
													 services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2111 - Safety Policies and Procedures for Delivering Services to Children

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must develop, maintain, and comply
													 with written nonviolent disciplinary policies and procedures regarding child program participants, including
													 policies and procedures for adult program participants, employees, and volunteers who provide services to
													 children.
(b) A center must develop, maintain, and comply with
													 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2112 - Texas Department of Family and Protective Services' (DFPS) Child Care Permit

Current through Reg. 49, No. 28; July 12, 2024
A center that provides child care that is subject to DFPS
															regulation under 40 TAC Chapter 743 (relating to Minimum Standards for Shelter Care) must comply with the
															requirements of that chapter and any other relevant law, including relevant sections of Chapter 42, Human
															Resources Code and 40 TAC Chapter 745 (relating to Licensing).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2113 - Legal Assistance Services

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 maintain a current list of local legal entities, including civil and 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 356.2114 - Training and Employment Services

Current through Reg. 49, No. 28; July 12, 2024
A 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter A - GENERAL RULES › Section 357.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This program provides services that promote to the fullest
					 extent the integration and inclusion of individuals with significant
					 disabilities into society.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter A - GENERAL RULES › Section 357.103 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The legal
				  authority for the program is published in the following federal regulations and
				  state statutes:
(1) 34 Code of Federal
				  Regulations, Parts 364, 365 and 366;
(2)
											29
				  U.S.C. §§
												711(c)
				  and 796a-796f-6; and
(3) Texas
				  Human Resources Code, §
											117.079
				  and §
											117.080.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter A - GENERAL RULES › Section 357.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Ability to pay--The
				  determination that the consumer is able to contribute financially toward the
				  cost of independent living services.
(2) Accessible format--An alternative way of
				  providing to people with disabilities the same information, functionality, and
				  services provided to people without disabilities. Examples of accessible
				  formats include braille, ASCII text, large print, American Sign Language, and
				  recorded audio.
(3) Act--The
				  Rehabilitation Act of 1973, as amended.
(4) Adjusted income--The dollar amount that
				  is equal to a household's annual gross income, minus allowable
				  deductions.
(5) Allotment--Funds
				  distributed to a service provider by DARS to provider services under this
				  chapter.
(6) Allowable
				  deductions--Certain unreimbursed household expenses that are subtracted from a
				  household's annual gross income to calculate the adjusted income.
(7) Attendant care--A personal assistance
				  service provided to help an individual with significant disabilities perform
				  essential personal tasks, such as bathing, communicating, cooking, dressing,
				  eating, homemaking, toileting, and transportation.
(8) Blind--A condition of having no more than
				  20/200 visual acuity in the better eye with correcting lenses or having visual
				  acuity greater than 20/200 but with a field of vision in which the widest
				  diameter subtends an angle no greater than 20 degrees.
(9) Center for Independent Living (CIL)--A
				  private nonprofit agency for individuals with significant disabilities
				  (regardless of age or income) that is not residential, is consumer-controlled,
				  is community-based, takes a cross-disability approach, and:
(A) is designed and operated within a local
				  community by individuals with disabilities; and
(B) provides an array of independent living
				  services, including, at a minimum, independent living core services as they are
				  defined in
				  29
				  U.S.C. §
												705(17).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter B - ALLOCATION OF FUNDS › Section 357.201 - Allocation of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS allocates
				  to each service provider the funds needed to carry out the rules in this
				  chapter. DARS may consider the following when determining the amount allotted
				  to each service provider:
(1) service
				  area;
(2) population of the area
				  served; and
(3) history of service
				  delivery.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter C - INDEPENDENT LIVING SERVICES › Section 357.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides information on independent living
					 services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter C - INDEPENDENT LIVING SERVICES › Section 357.305 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for independent living
				  services, a consumer must:
(1) have a
				  significant disability as defined in § 357.105(24) of this chapter
				  (relating to Definitions); and
(2)
				  be present in Texas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter C - INDEPENDENT LIVING SERVICES › Section 357.307 - Independent Living Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Unless the consumer who will receive
				  independent living services under this chapter signs a waiver in accordance
				  with paragraph (2) of this subsection, the service provider works with the
				  consumer to develop and periodically review an independent living plan in
				  accordance with this section.
(2)
				  If the consumer knowingly and voluntarily signs a waiver stating that the
				  consumer's participation in developing an independent living plan is
				  unnecessary, the service provider develops a waived independent living
				  plan.
(3) The service provider
				  provides each independent living service in accordance with the independent
				  living plan or waived independent living plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter C - INDEPENDENT LIVING SERVICES › Section 357.309 - Waiting List

Current through Reg. 49, No. 28; July 12, 2024
(a) Independent
				  living services are provided when funding is available.
(b) A consumer is placed on a waiting list by
				  the service provider when:
(1) the consumer
				  meets the eligibility requirements explained in § 357.305 of this chapter
				  (relating to Eligibility);
(2) the
				  consumer has a signed independent living plan or a waiver stating that an
				  independent living plan is unnecessary; and
(3) there is no funding for a service on the
				  independent living plan that must be purchased.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter C - INDEPENDENT LIVING SERVICES › Section 357.311 - Scope of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) All services
				  provided in this section are subject to § 357.201(d) of this chapter
				  (relating to Allocation of Funds).
(b) All services are available in an
				  accessible format for consumers who rely on alternative modes of
				  communication.
(c) The service
				  provider provides each independent living service in accordance with the
				  independent living plan or waived independent living plan.
(d) The service provider may provide the
				  following independent living services under this chapter:
(1) Independent living core services, which
				  are:
(A) information and referral
				  services;
(B) independent living
				  skills training;
(C) peer
				  counseling (including cross-disability peer counseling);
(D) individual and systems advocacy;
				  and
(E) transition services;
				  and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter D - CONSUMER PARTICIPATION › Section 357.401 - Consumer Participation System

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  service provider administers the consumer participation system in accordance
				  with the rules in this chapter, the standards, and the contract
				  requirements.
(b) The service
				  provider provides independent living core services, as defined in §
				  357.311(d)(1) of this chapter (relating to Scope of Services), at no cost to
				  the consumer.
(c) Independent
				  living services defined in § 357.311(d)(2) of this chapter are subject to
				  the rules in this subchapter.
(d)
				  The service provider gathers financial information about the consumer to
				  determine the consumer's adjusted gross income and the percentage of the
				  federal poverty level for that income.
(e) The service provider charges the consumer
				  a fee for each service provided in § 357.311(d)(2) of this chapter,
				  according to the consumer's percentage of the federal poverty level.
(f) The consumer or consumer's representative
				  signs a consumer participation agreement. Signing the agreement acknowledges
				  the amount of the consumer's fee for services and provides written agreement
				  that:
(1) the information provided by the
				  consumer or the consumer's representative about the consumer's household size,
				  annual gross income, allowable deductions, and comparable services or benefits
				  is true and accurate; or
(2) the
				  consumer or the consumer's representative chooses not to provide information
				  about the consumer's household size, annual gross income, allowable deductions,
				  and comparable services or benefits.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter D - CONSUMER PARTICIPATION › Section 357.403 - Fee Schedule Amount

Current through Reg. 49, No. 28; July 12, 2024
(a) The service
				  provider is required to use the DARS fee schedule and instructions to calculate
				  the consumer's fee for service.
(b)
				  Factors that affect the consumer's fee for service are:
(1) household size;
(2) annual gross income; and
(3) allowable deductions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter D - CONSUMER PARTICIPATION › Section 357.405 - Insurance Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) If the consumer
				  has medical and dental insurance that covers an independent living service
				  received by the consumer and the agreement for in-network services made between
				  the insurance company and the service provider or service provider's
				  subcontractor requires that the service provider or subcontractor accept as
				  payment in full the deductible, copayment, or coinsurance and insurance
				  reimbursement, then the consumer's fee for service is either the deductible,
				  copayment, or coinsurance, or the amount calculated by the DARS fee schedule,
				  whichever is less.
(b) The consumer
				  pays the premiums for medical and dental insurance. Neither DARS nor the
				  service provider pays the premiums.
(c) The premiums for medical and dental
				  insurance do not count toward meeting the consumer's fee for service.