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 N - AIDS POLICIES FOR CHILDREN IN DFPS'S CONSERVATORSHIP › Section 700.1402 - What happens if a child in DFPS conservatorship tests positive for HIV infection?

Current through Reg. 49, No. 28; July 12, 2024
Children in the conservatorship of DFPS who have HIV
					 infection receive counseling, treatment, and medical management through the
					 Texas STAR Health Medicaid managed care program. DFPS will ensure that
					 age-appropriate post-test counseling and information is provided for children
					 with HIV infection and their caregivers in accordance with the Texas Health and
					 Safety Code, §
										81.109.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter N - AIDS POLICIES FOR CHILDREN IN DFPS'S CONSERVATORSHIP › Section 700.1403 - Who must DFPS notify regarding a child's HIV infection?

Current through Reg. 49, No. 28; July 12, 2024
If a child in DFPS conservatorship has tested positive for
					 HIV infection, DFPS must notify the following parties of the child's condition:
(1) the child's legal parents (if
				  parental rights have not been terminated and their whereabouts are known);
(2) prospective and current foster
				  parents, 24-hour child-care providers, prospective adoptive parents, or
				  relatives with whom the child has been placed or with whom DFPS plans to place
				  the child; and
(3) a person
				  authorized to provide medical consent on the child's behalf.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter N - AIDS POLICIES FOR CHILDREN IN DFPS'S CONSERVATORSHIP › Section 700.1404 - Who may DFPS notify regarding a child's HIV status or test result?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a child in DFPS conservatorship has
				  tested positive for HIV infection, DFPS may notify the following parties of the
				  child's condition:
(1) a physician, nurse, or
				  other professional who has a legitimate need to know the information in order
				  to provide for the child's health and welfare;
(2) a court having jurisdiction of a
				  proceeding involving the child or a proceeding involving a person suspected of
				  abusing the child, if requested;
(3) pursuant to law or court order, any
				  person with a legal right to obtain the information; and
(4) the child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter N - AIDS POLICIES FOR CHILDREN IN DFPS'S CONSERVATORSHIP › Section 700.1405 - May anyone else be told about the child's HIV status?

Current through Reg. 49, No. 28; July 12, 2024
Information regarding a child's HIV status is confidential
					 and should not be shared with any other individual or entity with the exception
					 of release to the agencies, individuals or types of individuals listed in
					 §
										700.1403
					 of this title (relating to Who must DFPS notify regarding a child's HIV
					 infection?) and §
										700.1404
					 of this title (relating to Who may DFPS notify regarding a child's HIV status
					 or test result?), or under other applicable law or rule.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter O - FOSTER AND ADOPTIVE HOME DEVELOPMENT › Section 700.1501 - Decision on Foster Home Applications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  To be accepted as a foster home, the home must meet the department's minimum
				  standards, and the Texas Department of Family and Protective Services (DFPS)
				  must have determined, through the foster-home screening, that the parents can
				  provide adequate care for foster children in the department's managing
				  conservatorship and that they will follow the department's policies for
				  discipline of these children as specified in §
										700.1502(2)(K)
				  of this title (relating to Foster and Adoptive Home Inquiry and
				  Screening).
(b) Relative homes
				  verified to provide foster care services to related children must meet the same
				  requirements as non-relative foster homes. The Residential Child-Care Licensing
				  Division of DFPS will consider requests for waivers and variances to minimum
				  standards for relative foster homes on a case-by-case basis in accordance with
				  applicable statutes, rules, and policies on waiver and variance requests for
				  foster homes.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter O - FOSTER AND ADOPTIVE HOME DEVELOPMENT › Section 700.1504 - Approval of Foster and/or Adoptive Home Study

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services
					 (TDPRS) evaluates applicants based on the applicants' ability to care for
					 specific children needing placement. TDPRS approves home studies based on an
					 evaluation of the applicants' total situation; their flexibility in all areas
					 of life; their sensitivity and understanding of children's needs, and their
					 ability to meet the developmental, maintenance, and protection needs of
					 children in TDPRS's managing conservatorship. The written assessment or home
					 study of the family must be completed within four months beginning on the date
					 all information and documentation is returned by the family or on the date of
					 the last pre-service training session. If these two dates are different, staff
					 may use the later date to determine the time frame for completion of the home
					 study. Staff must submit the home study to the supervisor for approval.
					 Supervisors must approve or disapprove the home study within 30 days. Staff
					 must inform the family that they need to return all information and necessary
					 documents within two weeks after pre-service training has ended or their case
					 will be closed. Staff need to inform the family that they may re-open their
					 application to become adoptive parents at a later time, if their case was
					 closed for failure to return all necessary documents. Families who reapply
					 within one year of completing pre-service may need to complete an overview
					 training. This decision must be made by the supervisor. Reasons for this
					 decision must be documented in the family's record. Families who reapply after
					 one year of pre-service will need to attend pre-service training
					 again.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter O - FOSTER AND ADOPTIVE HOME DEVELOPMENT › Section 700.1505 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Adoptive recruits
				  and applicants are entitled to an administrative review of the decision not to
				  approve their adoptive home for placement of a child.
(b) Foster parents and foster parent recruits
				  and applicants have a right to an administrative review of the decision to not
				  approve their application to be foster parents or to close the foster
				  home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter O - FOSTER AND ADOPTIVE HOME DEVELOPMENT › Section 700.1506 - Monitoring of Foster Parent Performance

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services
					 (TDPRS) shall monitor the performance of a foster parent who has been verified
					 by TDPRS. The method for performance monitoring must include objective criteria
					 by which the foster parent can be assessed and references to the criteria will
					 be in the agreement between TDPRS and the foster parent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 1 - PREPARATION FOR ADULT LIVING › Section 700.1601 - What is the Preparation for Adult Living (PAL) Program?

Current through Reg. 49, No. 28; July 12, 2024
The Preparation for Adult Living (PAL) Program provides
						services and benefits to help prepare young people to live independently when
						they leave foster care. PAL Program funds can be used to provide any of the
						services and benefits authorized by the federal Chafee Foster Care Independence
						Program, the requirements of which must be met. Funding for the PAL Program is
						limited to the state, local, and federal funds allocated to PRS for this
						program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 1 - PREPARATION FOR ADULT LIVING › Section 700.1602 - Whom is the PAL Program designed to serve?

Current through Reg. 49, No. 28; July 12, 2024
(a) The PAL Program is designed to serve the
					 following young people:
(1) those who are at
					 least 16 years old and likely to remain in foster care until at least age 18;
					 and
(2) those who are younger than
					 21 years old and who left foster care when they were at least age 18.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 1 - PREPARATION FOR ADULT LIVING › Section 700.1603 - What types of services and benefits are available to PAL Program participants?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 program provides an individual assessment of the participant's general
					 readiness to live independently as an adult.
(b) The program provides training to help
					 young people prepare for independent living once they leave foster care and
					 addresses topics such as the following:
(1)
					 personal and interpersonal skills;
(2) employment and job skills;
(3) money management;
(4) housing and transportation;
(5) personal health; and
(6) planning for 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 P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 1 - PREPARATION FOR ADULT LIVING › Section 700.1604 - Are there specific requirements for young people to meet before receiving PAL Program benefits?

Current through Reg. 49, No. 28; July 12, 2024
(a) The PAL
					 Program may establish in policy specific conditions or criteria that young
					 people must meet to receive program benefits, provided such requirements are
					 designed to help achieve the purposes and objectives of the program. Specific
					 conditions or criteria may include, but are not limited to, requirements that
					 the young person:
(1) attend training (if
					 able);
(2) be employed or actively
					 seeking employment (if able), or attending school or vocational or technical
					 training;
(3) meet need-based
					 criteria for monetary assistance;
(4) obtain a determination by DFPS, if the
					 youth is to live with a designated perpetrator of abuse or neglect, that
					 despite the person's prior history he or she does not pose a threat to the
					 health and safety of the youth; and
(5) not be incarcerated.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 2 - EDUCATION AND TRAINING VOUCHER PROGRAM › Section 700.1611 - What is the Education and Training Voucher (ETV) Program?

Current through Reg. 49, No. 28; July 12, 2024
The Education and Training Voucher (ETV) Program provides
						financial assistance to eligible former and current foster care youth in order
						to support their pursuit of postsecondary education or vocational training.
						Funding for the ETV Program is provided by the federal grant to the state,
						pursuant to the amended Chaffee Foster Care Independence Act,
						42
						U.S.C.677(i), with required
						state match. The existence of the ETV Program is subject to this
						funding.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 2 - EDUCATION AND TRAINING VOUCHER PROGRAM › Section 700.1613 - Who can be eligible for the ETV Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) Students in one of the following
					 categories can be eligible to participate in the ETV Program, as long as they
					 are under the age of 23:
(1) at least 16
					 years of age and in DFPS's conservatorship;
(2) in DFPS Extended Foster Care;
(3) left DFPS foster care at age 18 or older,
					 or were legally emancipated by a court while in DFPS foster care;
(4) adopted from DFPS foster care after
					 turning age 16;
(5) exited to the
					 Permanency Care Assistance Program from DFPS foster care after turning age 16;
					 or
(6) any other population group
					 legally required under 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 P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 2 - EDUCATION AND TRAINING VOUCHER PROGRAM › Section 700.1615 - What must an eligible student do to qualify for participation in the ETV Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for
					 financial assistance under the ETV Program, an eligible student must:
(1) meet one of the requirements in §
												700.1613(a)
					 of this title (relating to Who can be eligible for the ETV Program?);
(2) be taking a course which the student will
					 receive college academic credit while in high-school or a program leading to a
					 high-school diploma or equivalent, have a high school diploma or equivalent, or
					 be exempt from compulsory school attendance pursuant to Texas Education Code,
					 §
												25.086(a)(6)(A);
(3) be enrolled in an applicable institution
					 of higher education as defined by
					 20
					 U.S.C. §
													1002;
(4) for students 18 and older, have a
					 financial account that accepts direct deposits. For students under age 18,
					 exceptions to this requirement may be made by DFPS on a case-by-case basis;
					 and
(5) complete and file an
					 application and required documentation with the DFPS ETV
					 contractor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 2 - EDUCATION AND TRAINING VOUCHER PROGRAM › Section 700.1617 - How much financial assistance may an eligible student receive under the ETV Program and what types of expenses are included in the cost of attendance for which ETV funds can be used ?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 total annual amount of financial assistance that an eligible student may
					 receive from the ETV Program is determined by the following criteria:
(1) The amount of financial assistance is
					 limited to the lesser of $5,000 or the total cost of attendance, as allowable
					 under §472 of the federal Higher Education Act of 1965 (
					 20
					 U.S.C. §
													1087
ll
).
(2) The
					 amount of educational assistance to a student under the ETV Program and any
					 other federal or federally supported program must not exceed the total cost of
					 attendance, as defined in §472 of the federal Higher Education Act of 1965
					 (
					 20
					 U.S.C. §
													1087
ll
).
(3) Financial
					 assistance provided under the ETV Program cannot duplicate benefits provided
					 under any other federal or federally supported program.
(4) If a student is eligible for the state
					 exemption from payment of tuition and fees, under Texas Education Code §
												54.366, §
												54.367, or any other
					 tuition waiver exemption and is attending an institution where that exemption
					 applies, the student may not receive financial assistance under the ETV Program
					 for the cost of tuition and fees.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 2 - EDUCATION AND TRAINING VOUCHER PROGRAM › Section 700.1619 - After a student is initially determined eligible for the ETV Program, are there other requirements the student must meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes; to remain eligible for the ETV
					 Program, the student must:
(1) maintain
					 satisfactory progress toward completion of postsecondary education or
					 vocational training, as defined by the institution the student is attending;
					 and
(2) submit documentation to
					 establish that minimum enrollment requirements are met and that satisfactory
					 progress, referred to in paragraph (1) of this subsection, is being
					 made.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 2 - EDUCATION AND TRAINING VOUCHER PROGRAM › Section 700.1621 - When does a student lose the right to continue receiving benefits under the ETV Program?

Current through Reg. 49, No. 28; July 12, 2024
A student's benefits under the ETV Program may be
						terminated when DFPS discovers that any of the following events has
						occurred:
(1) the student falsified
					 information in the application for benefits, or in providing required
					 documentation to maintain eligibility for the ETV Program;
(2) the student has used ETV funds for
					 expenses that are not included in §472 of the federal Higher Education Act
					 of 1965 (
					 20 U.S.C. §
												1087ll ), or falsified documentation in
					 accounting for expenditures;
(3)
					 the student is no longer attending the program for which financial assistance
					 has been provided;
(4) the student
					 commits an act of theft, fraud, or forgery involving ETV funds; or
(5) the student reaches the age of
					 ineligibility, as defined in §
											700.1613
					 of this title (relating to Who can be eligible for the ETV Program?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 2 - EDUCATION AND TRAINING VOUCHER PROGRAM › Section 700.1625 - Can a student appeal a denial of eligibility, or a suspension, or termination of benefits?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes, but the
					 student must file a timely written request to appeal the decision in a fair
					 hearing, as defined in §
											700.310
					 of this title (relating to Fair Hearings).
(b) DFPS sends a student written notice when
					 denied the right to participate in the ETV Program, or when benefits are to be
					 suspended or terminated after the student has been determined eligible. The
					 written notice must state the specific reason(s) for denial, suspension, or
					 termination and must inform the student of the right to make a written request,
					 within 90 days of receipt of the notice, to appeal the decision in a fair
					 hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter P - SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD › Division 3 - TEXAS TUITION AND FEE WAIVER FOR YOUTH RETURNING TO A PARENT › Section 700.1630 - When can youth returning to a parent receive the Texas Tuition and Fee Waiver?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 populations are eligible for the Texas Tuition and Fee Waiver, regardless of
					 whether parental rights are terminated or not:
(1) Youth age 14 or older who are in DFPS's
					 permanent managing conservatorship on or after the effective date of this rule,
					 and who subsequently exit conservatorship to the legal responsibility of a
					 parent.
(2) Youth age 16 or older
					 who are in DPFS's temporary managing conservatorship on or after the effective
					 date of this rule, and who subsequently exit conservatorship to the legal
					 responsibility of a parent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 1 - RESIDENTIAL CHILD-CARE CONTRACTS › Section 700.1701 - What are the posting requirements for residential child-care facilities who care for children in the conservatorship of the Department of Family and Protective Services related to the Ombudsman For Children and Youth in Foster Care?

Current through Reg. 49, No. 28; July 12, 2024
(a) Residential
					 child-care facilities who care for children in the conservatorship of the
					 Department of Family and Protective Services must prominently display a sign
					 produced by DFPS or the Ombudsman For Children and Youth in Foster Care related
					 to the existence and contact information for the Ombudsman For Children and
					 Youth in Foster Care.
(b) The
					 residential child care facilities must implement procedures to allow children
					 and youth to make complaints in private or in a space that is separate from
					 facility staff, volunteers, or the foster family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 2 - POST-PERMANENCY SERVICES › Section 700.1726 - What are post-permanency services?

Current through Reg. 49, No. 28; July 12, 2024
Post-permanency services are purchased client services
						provided to an adoptive family or a family that was granted permanent managing
						conservatorship of a child to help the child and the family:
(1) adjust to the adoption or permanent
					 managing conservatorship;
(2) cope
					 with any history of abuse in the child's background;
(3) cope with mental health issues the child
					 may have; and
(4) avoid permanent
					 or long-term removal of children from the family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 2 - POST-PERMANENCY SERVICES › Section 700.1727 - What types of post-permanency services are available?

Current through Reg. 49, No. 28; July 12, 2024
The following post-permanency services may be authorized
						subject to funding and any additional eligibility criteria specified in this
						division (relating to Post-Permanency Services):
(1) support groups;
(2) parent/caregiver training;
(3) post-permanency counseling;
(4) therapeutic or specialized camps;
(5) intermittent alternate care
					 (respite);
(6) crisis
					 intervention;
(7) residential
					 treatment services; and
(8) other
					 services approved by the 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 Q - PURCHASED PROTECTIVE SERVICES › Division 2 - POST-PERMANENCY SERVICES › Section 700.1728 - Who is eligible for post-permanency services?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department of Family and Protective
					 Services' (DFPS's) provision of purchased post-permanency services is subject
					 to the availability of funds appropriated for that purpose. When funds are
					 available, and subject to any additional eligibility requirements for specific
					 types of post-permanency services as provided in DFPS's rules, DFPS provides
					 purchased post-permanency services to the child and the child's family if each
					 of the following four conditions is satisfied:
(1) either:
(A) the department or a licensed Texas
					 child-placing agency served as the child's managing conservator, placed the
					 child for adoption, and the placement resulted in a court-order consummating
					 the adoption. If a licensed Texas child-placing agency served as the child's
					 managing conservator and placed the child for adoption, the department must be
					 providing Title IV-E adoption assistance to the child; or
(B) the department or a licensed Texas
					 child-placing agency served as the child's managing conservator and a kinship
					 caregiver was granted permanent managing conservatorship of the child with or
					 without permanency care assistance;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 2 - POST-PERMANENCY SERVICES › Section 700.1731 - Who Is eligible for post-permanency counseling?

Current through Reg. 49, No. 28; July 12, 2024
(a) Post-permanency counseling includes:
(1) Diagnostic and assessment services;
(2) Individual, group, and family
					 counseling; and
(3) Day
					 treatment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 2 - POST-PERMANENCY SERVICES › Section 700.1733 - Who is eligible for residential treatment services?

Current through Reg. 49, No. 28; July 12, 2024
(a) Client eligibility. Only adopted children
					 are eligible for residential treatment services through the post-permanency
					 services program. To qualify, an adopted child:
(1) must be expected to return home and
					 function in the adoptive family within 12 months;
(2) must not be eligible for treatment in a
					 state hospital or state school; and
(3) must have an initial service level
					 determination of Specialized or Intense.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 2 - POST-PERMANENCY SERVICES › Section 700.1735 - For How Long May Postadoption Residential Treatment Services Be Provided?

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility
					 for postadoption residential treatment services is subject to the availability
					 of funding and limited to a maximum period of 12 months.
(b) The Assistant Commissioner of Child
					 Protective Services or the Assistant Commissioner's designee may extend a
					 child's eligibility only if funds are available and:
(1) an extension will permit the child to
					 complete the academic year without disruption within the next 90
					 days;
(2) an appropriate
					 alternative placement will be available for the child within the next 90 days,
					 but is not available now; or
(3)
					 the child is expected to return home and function in the adoptive family within
					 the next 90 days.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 3 - REIMBURSEMENT METHODOLOGY FOR 24-HOUR CHILD CARE FACILITIES › Section 700.1753 - What is the Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 following is the authority and process for determining payment rates:
(1) For payment rates established prior to
					 September 1, 2005, the Department of Family and Protective Services (DFPS;
					 formerly the Department of Protective and Regulatory Services) reviewed payment
					 rates for providers of 24-hour residential child care services every other year
					 in an open meeting, after considering financial and statistical information,
					 DFPS rate recommendations developed according to the provisions of this
					 subchapter, legislative direction, staff recommendations, agency service
					 demands, public testimony, and the availability of appropriated revenue. Before
					 the open meeting in which rates were presented for adoption, DFPS sent rate
					 packets containing the proposed rates and average inflation factor amounts to
					 provider association groups. DFPS also sent rate packets to any other
					 interested party, by written request. Providers who wished to comment on the
					 proposed rates could attend the open meeting and give public testimony. Notice
					 of the open meeting was published on the Secretary of State's web site at
					 http://www.sos.state.tx.us/open [File Link Not Available]. DFPS notified all
					 foster care providers of the adopted rates by letter.
(2) For payment rates established September
					 1, 2005 and thereafter, the Department of Family and Protective Services (DFPS)
					 approves rates that are statewide and uniform. The Health and Human Services
					 Commission (HHSC) calculates the rates for DFPS and takes into consideration
					 staff recommendations based on the application of formulas and procedures
					 described in this chapter when calculating the rates. However, DFPS may adjust
					 staff recommendations when DFPS deems such adjustments are warranted by
					 particular circumstances likely to affect achievement of program objectives,
					 including economic conditions and budgetary considerations. Reimbursement
					 amounts will be determined coincident with the state's biennium. Providers of
					 24-hour residential child care services will have the opportunity to discuss
					 rate changes in regularly scheduled DFPS public meetings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Q - PURCHASED PROTECTIVE SERVICES › Division 3 - REIMBURSEMENT METHODOLOGY FOR 24-HOUR CHILD CARE FACILITIES › Section 700.1755 - What is the Reimbursement Methodology for Supervised Independent Living?

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment rate
					 determination. Payment rates for the Supervised Independent Living Program, and
					 if applicable to the young adult an additional rate for Enhanced Case
					 Management services under § 700.348 of this title (relating to Enhanced
					 Case Management Services in a Supervised Independent Living Setting), are
					 developed based on rates determined for other programs that provide similar
					 services. If payment rates are not available from other programs that provide
					 similar services, payment rates are determined using a modeled pro forma
					 approach in accordance with §355.105(h) of Title 1 (relating to General
					 Reporting and Documentation Requirements, Methods, and Procedures). A pro forma
					 analysis makes assumptions about the types of staff and service requirements
					 and estimates the basic types and costs of salaries, products, and services
					 necessary to deliver services that meet federal and state
					 requirements.
(b) Providers of
					 24-hour residential child care services will have the opportunity to discuss
					 rate changes in regularly scheduled DFPS public meetings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter R - STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM › Section 700.1801 - What is the Strengthening Families Through Enhanced In-Home Support Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Strengthening Families Through Enhanced In-Home Support Program is designed to
				  mitigate child neglect, which is exacerbated by poverty, by providing support
				  and benefits to affected families.
(b) In accordance with this subchapter, the
				  Department of Family and Protective Services (DFPS) may assist families
				  receiving Family Based Safety Services or Family Reunification
				  Services.
(c) Any benefits provided
				  under the program are subject to state and federal law and limitations imposed
				  by DFPS in accordance with this chapter or by policy.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter R - STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM › Section 700.1802 - What benefits are available?

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to
				  the availability of funds, the Department of Family and Protective Services
				  (DFPS) may provide eligible families with:
(1) Family Enhancement benefits, which
				  consist of goods and services;
(2)
				  Family Empowerment benefits, which consist of monetary assistance, goods, and
				  services; and
(3) Traditional
				  Services, which consist of a variety of purchased child 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 R - STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM › Section 700.1803 - What type of Family Enhancement goods and services may be provided?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department of Family and Protective
				  Services (DFPS) may provide a maximum of $600 of Family Enhancement goods and
				  services to an eligible family.
(b)
				  Goods or services provided as Family Enhancement must not be used to support a
				  family's basic daily needs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter R - STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM › Section 700.1804 - What monetary assistance, goods, and services may be provided to support Family Empowerment?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department of Family and Protective Services (DFPS) may provide a maximum of
				  $3,000 in Family Empowerment benefits to an eligible family, which may include
				  goods, services, and monetary assistance in the sum of $250 or less.
(b) Monetary assistance, goods, and services
				  provided as Family Empowerment are for a family's basic needs and must be:
(1) authorized and provided within the first
				  four months of the case and may not be extended;
(2) designed to deal with a specific crisis
				  or episode of need; and
(3) for
				  non-recurrent, short-term benefits, but not for ongoing needs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter R - STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM › Section 700.1805 - What type of Traditional Services may the Department of Family and Protective Services (DFPS) provide under the Strengthening Families Through Enhanced In-Home Support Program?

Current through Reg. 49, No. 28; July 12, 2024
DFPS may provide a variety of Traditional Services,
					 including counseling, therapy, assessments, and other services ordinarily
					 purchased by DFPS for clients of Child 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 R - STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM › Section 700.1806 - Who decides what benefits best meets the family's needs?

Current through Reg. 49, No. 28; July 12, 2024
At a meeting convened by DFPS, the family decides how the
					 monetary assistance is to be used or what goods and services best meet the
					 family's needs, subject to federal guidelines and DFPS
					 approval.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter R - STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM › Section 700.1807 - What are the eligibility requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) Benefits under the Strengthening Families
				  Through Enhanced In-Home Support Program are subject to Department of Family
				  and Protective Services (DFPS) approval and must be used:
(1) to promote family stability;
(2) to accomplish one or more of the
				  objectives that are identified in the family's Plan of Service;
(3) to prevent removal of the child from the
				  home or speed reunification of the child with the family; and
(4) for one or more of the following
				  purposes:
(A) protect the safety of the
				  child;
(B) meet the child's
				  needs;
(C) relieve family stress;
				  or
(D) enhance family strengths and
				  functioning.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter S - INTERSTATE PLACEMENT OF CHILDREN › Section 700.1902 - Interstate Placements Made or Supported by the Office of Protective Services for Families and Children (PSFC)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicable requirements. In addition to applying the requirements of the
				  Interstate Compact on the Placement of Children (ICPC), PSFC also applies the
				  state laws and agency policies that ordinarily govern the removal and placement
				  of a child within the state of Texas whenever PSFC:
(1) places an abused or neglected child
				  outside Texas; or
(2) supports the
				  placement of an abused or neglected child inside Texas under the
				  ICPC.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 1 - BASIC SERVICE LEVEL › Section 700.2301 - What is the description of the Basic Service Level?

Current through Reg. 49, No. 28; July 12, 2024
The Basic Service Level consists of a supportive setting,
						preferably in a family that is designed to maintain or improve the child's
						functioning including:
(1) routine
					 guidance and supervision to ensure the child's safety and sense of
					 security;
(2) affection,
					 reassurance, and involvement in activities appropriate to the child's age and
					 development to promote the child's well-being;
(3) contact, in a manner that is deemed in
					 the best interest of the child, with siblings, family members and other persons
					 significant to the child to maintain a sense of identity and culture;
					 and
(4) provision of services to
					 help the child keep, learn or improve skills and functioning for daily living,
					 as well as therapeutic and medical intervention and guidance from professionals
					 or para-professionals, on an as needed basis, to help the child maintain
					 functioning appropriate to the child's age and development.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 1 - BASIC SERVICE LEVEL › Section 700.2303 - What are the characteristics of a child that needs the Basic Service Level?

Current through Reg. 49, No. 28; July 12, 2024
A child needing basic services is capable of responding
						to limit setting or other interventions. The children needing basic services
						may include:
(1) a child whose
					 characteristics include one or more of the following:
(A) transient difficulties and occasional
					 misbehavior;
(B) acting out in
					 response to stress, but episodes of acting out are brief; and
(C) behavior that is minimally disturbing to
					 others, but the behavior is considered typical for the child's age and can be
					 corrected.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 2 - MODERATE SERVICE LEVEL › Section 700.2321 - What is the description of the Moderate Service Level?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Moderate Service Level consists of a
					 structured supportive setting, preferably in a family, in which most activities
					 are designed to improve the child's functioning including:
(1) more than routine guidance and
					 supervision to ensure the child's safety and sense of security;
(2) affection, reassurance, and involvement
					 in structured activities appropriate to the child's age and development to
					 promote the child's well-being;
(3)
					 contact, in a manner that is deemed in the best interest of the child, with
					 siblings, family members and other persons significant to the child to maintain
					 a sense of identity and culture; and
(4) provision of services to help the child
					 keep, learn or improve skills and functioning for daily living, as well as
					 therapeutic and medical intervention and guidance from professionals or
					 para-professionals to help the child attain or maintain functioning appropriate
					 to the child's age and development.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 2 - MODERATE SERVICE LEVEL › Section 700.2323 - What are the characteristics of a child that needs the Moderate Service Level?

Current through Reg. 49, No. 28; July 12, 2024
A child needing moderate services has problems in one or
						more areas of functioning. The children needing moderate services may
						include:
(1) a child whose
					 characteristics include one or more of the following:
(A) frequent non-violent, anti-social
					 acts;
(B) occasional physical
					 aggression;
(C) minor
					 self-injurious actions; and
(D)
					 difficulties that present a moderate risk of harm to self or others.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 3 - SPECIALIZED SERVICE LEVEL › Section 700.2341 - What is the description of the Specialized Service Level?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Specialized Service Level consists of
					 a treatment setting, preferably in a family in which caregivers have
					 specialized training to provide services to help the child keep, learn or
					 improve skills and functioning for daily living, as well as therapeutic and
					 medical support and interventions including:
(1) 24-hour supervision to ensure the child's
					 safety and sense of security, which includes close monitoring and increased
					 limit setting;
(2) affection,
					 reassurance, and involvement in therapeutic activities appropriate to the
					 child's age and development to promote the child's well-being;
(3) contact, in a manner that is deemed in
					 the best interest of the child, with siblings, family members and other persons
					 significant to the child to maintain a sense of identity and culture;
					 and
(4) provision of services to
					 help the child keep, learn or improve skills and functioning for daily living,
					 as well as therapeutic and medical intervention and guidance that is regularly
					 scheduled and professionally designed and supervised to help the child attain
					 functioning appropriate to the child's age and development.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 3 - SPECIALIZED SERVICE LEVEL › Section 700.2343 - What are the characteristics of a child that needs the Specialized Service Level?

Current through Reg. 49, No. 28; July 12, 2024
A child needing specialized services has severe problems
						in one or more areas of functioning. The children needing specialized services
						may include:
(1) a child whose
					 characteristics include one or more of the following:
(A) unpredictable non-violent, anti-social
					 acts;
(B) frequent or unpredictable
					 physical aggression;
(C) being
					 markedly withdrawn and isolated;
(D) major self-injurious actions to include
					 recent suicide attempts; and
(E)
					 difficulties that present a significant risk of harm to self or
					 others.