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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1304 - Federal and State Laws Regarding Eligibility

Current through Reg. 49, No. 28; July 12, 2024
When determining eligibility for services for a special
															nonresidential project, the contractor must comply with the following applicable state and federal laws and
															any amendments made to each of these laws. Policies and procedures must be written to ensure compliance
															with:
(1) Human Resources Code, Chapter 51;
(2) Title VI of the Civil Rights Act of 1964 (Public Law 88-352);
(3) Section 504 of the Rehabilitation Act of 1973 (Public Law
													 93-112);
(4) Americans with Disabilities Act of 1990
													 (Public Law
													 101-336);
(5) Age Discrimination Act
													 of 1975 (RSA
													 6101 -
													 RSA
													 6107);
(6) Health and Human
													 Services Commission regulations regarding civil rights;
(7) Texas
													 Health and Safety Code, §
											RSA 85.113, relating
													 to HIV/AIDS; and
(8) the Family Violence Prevention and Services
													 Act (42 U.S.C. Chapter 110).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1305 - Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
A contractor must develop, maintain, and comply with written
															program participant eligibility and screening procedures that are based solely on the individual's status as
															a victim of family violence, without regard to:
(1)
													 income;
(2) whether the individual contributes, donates, or pays
													 for these services;
(3) gender; or
(4) sexual orientation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1306 - Denial of Services

Current through Reg. 49, No. 28; July 12, 2024
A contractor can deny services to an otherwise eligible victim
															of family violence only if it has written policies that outline specific reasons or behaviors that would make
															a victim ineligible. These policies must:
(1) address only behaviors
													 that threaten the safety and security of staff and program participants;
(2) apply equally to all people;
(3) comply with the laws and regulations described in §
											RSA 379.1304 of
													 this chapter (relating to Federal and State Laws Regarding Eligibility); and
(4) contain procedures that take into consideration the safety of a
													 victim.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1307 - Access to Services for People with Limited English Proficiency

Current through Reg. 49, No. 28; July 12, 2024
If a contractor provides direct services for a special
															nonresidential project, the contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1308 - Nonresidential Services for a Person Under 18 Years of Age

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1309 - Termination of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor 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 contractor;
(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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1310 - General Confidentiality Policy

Current through Reg. 49, No. 28; July 12, 2024
A contractor must have a written general confidentiality
															policy that:
(1) demonstrates that services will be delivered in a
													 manner that ensures program participant confidentiality regarding records and information if the special
													 nonresidential project provides direct services;
(2) includes 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1311 - Confidentiality Information for Program Participants

Current through Reg. 49, No. 28; July 12, 2024
If direct services are provided to adult program participants,
															the contractor must provide the 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 organization has access to the
													 program participants' case files and records;
(4) an overview of
													 the contractor'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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1312 - Confidentiality Agreements

Current through Reg. 49, No. 28; July 12, 2024
A contractor 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 project. 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1313 - Confidentiality Training

Current through Reg. 49, No. 28; July 12, 2024
A contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1314 - Provision of Health and Human Services Commission (HHSC)-Funded Services by Attorneys or Other Licensed Professionals

Current through Reg. 49, No. 28; July 12, 2024
If attorneys and other licensed professionals prohibited by
															Texas law or regulations to release program participant records to HHSC are allowed to provide HHSC-funded
															services, a contractor must submit an alternative method for verifying program participant services for
															HHSC's approval.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1315 - Information in Program Participant Files

Current through Reg. 49, No. 28; July 12, 2024
If a special nonresidential project provides direct services,
															a contractor 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 contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1316 - Policies and Procedures Regarding Entries in a Program Participant's File

Current through Reg. 49, No. 28; July 12, 2024
(a) If a special nonresidential project involves
													 direct services, a contractor 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 contractor provides direct services
													 for both the victim and the violent family member, the contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1317 - Maintaining Control over Program Participant Files

Current through Reg. 49, No. 28; July 12, 2024
A contractor must develop, maintain, and comply with written
															procedures that:
(1) outline the responsibilities of the custodian
													 of the records, designated by the contractor'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 contractor's closure; and
(4) allow a program participant
													 to access her or his records in the event of the contractor's closure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1318 - Release of Program Participant Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor may release information, orally or in writing, only if the
													 contractor 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 contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1319 - Release of Program Participant Information Document

Current through Reg. 49, No. 28; July 12, 2024
The release of information document must include the
															following:
(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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1320 - 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,
															special nonresidential project 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1321 - Procedures Regarding Court Orders

Current through Reg. 49, No. 28; July 12, 2024
A contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1322 - Notification of Court Orders

Current through Reg. 49, No. 28; July 12, 2024
A contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 6 - PROGRAM ADMINISTRATION › Section 356.1323 - Policies and Procedures for the Retention and Destruction of Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor 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:
(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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1401 - Special Nonresidential Project Services

Current through Reg. 49, No. 28; July 12, 2024
A contractor must:
(1) provide at least one specialized family violence service as described
													 in the Service Delivery section of the Health and Human Services Commission's Family Violence Special
													 Nonresidential Project Provider Manual, which can be:
(A) community
													 education relating to family violence; or
(B) direct delivery of
													 services for adult victims of family violence or their children;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1402 - Data Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor 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 Special Nonresidential Project 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 contractor may not
													 be able to provide services due to a natural disaster or fire, the affected contractor 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 contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1403 - Crisis Call Hotline

Current through Reg. 49, No. 28; July 12, 2024
A contractor does not have to provide a crisis call hotline,
															but if the contractor does provide a hotline and it is funded by the Health and Human Services Commission
															(HHSC), the contractor must:
(1) answer the hotline 24 hours a day,
													 every day of the year, by an individual trained in crisis intervention or who has immediate access to someone
													 who has had this training;
(2) accept collect calls and anonymous
													 incoming calls;
(3) list the hotline number in all telephone
													 directories within the contractor's service area and on the contractor's website, if applicable;
(4) provide a minimum of two hotline telephone lines;
(5) ensure the caller has direct access to a live person who is trained to
													 assess the person's safety and that a messaging system is not used to answer the hotline;
(6) provide caller ID blocks on the contractor's numbers for outgoing calls
													 to 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 contractor is able to provide
													 meaningful access to people with limited English proficiency; and
(11) if the contractor uses caller ID or any other technology that
													 establishes a record of calls on the hotline, the contractor must:
(A)
													 ensure there will not be a breach of confidentiality to third parties; and
(B) comply with the confidentiality requirements of §
												RSA
													 379.1323 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1404 - Subcontracting the Crisis Call Hotline

Current through Reg. 49, No. 28; July 12, 2024
If a contractor 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
															contractor's services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1405 - Program Participant's Orientation

Current through Reg. 49, No. 28; July 12, 2024
If a contractor provides direct services, the contractor 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 the program participant that addresses immediate
													 needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1406 - Religion and Intervention Services

Current through Reg. 49, No. 28; July 12, 2024
If the contractor provides direct intervention family violence
															services, it must not use state funds for inherently religious activities, must not promote any one religion,
															and must not require program participants to participate in religious groups or to use religious
															materials.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1407 - Safety Policies and Procedures if Providing Services to Children

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor 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 contractor 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 C - SPECIAL NONRESIDENTIAL PROJECTS › Division 7 - SERVICE DELIVERY › Section 356.1408 - Texas Department of Family and Protective Services' (DFPS) Child Care Licensing Permit

Current through Reg. 49, No. 28; July 12, 2024
A contractor 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 1 - BOARD OF DIRECTORS › Section 356.1501 - Fiscal Oversight and Accountability

Current through Reg. 49, No. 28; July 12, 2024
The board of directors of a nonresidential center must:
(1) ensure that the center is operating in a manner that keeps the
													 organization's mission and purpose focused, without becoming involved in day-to-day operations;
(2) hire the center's executive director;
(3) as a whole, or as delegated to the center's finance committee,
													 regularly review actual revenue and expenditures and compare them to budgeted revenue and estimated
													 costs;
(4) review and approve programs and budgets;
(5) maintain and comply with current organizational bylaws; and
(6) review and approve board policies for the organization's operation in
													 accordance with the bylaws.
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 1 - BOARD OF DIRECTORS › Section 356.1502 - Nonresidential Center's Board Handbook

Current through Reg. 49, No. 28; July 12, 2024
(a) The board members must be given a handbook that contains, at a minimum,
													 the following:
(1) board member job description;
(2) current list of board members with current contact
													 information;
(3) organization's mission statement;
(4) organization's bylaws and a copy of the letter granting 501(c)(3)
													 status;
(5) list of all committees, including appointed board
													 members and assigned staff;
(6) committee descriptions;
(7) the organization policies;
(8) organizational chart;
(9)
													 history of the organization;
(10) list of program services and a
													 brief description of each program;
(11) current budget, including
													 funding sources and subcontractors;
(12) brief description of
													 contract provisions with attorneys, auditors, or other professionals;
(13) basic information about family violence; and
(14) brief history of the Texas Battered Women's Movement.
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 1 - BOARD OF DIRECTORS › Section 356.1503 - Board of Directors Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Every two years, each board member must receive the following:
(1) an explanation of the center's mission, philosophy, and a brief
													 history;
(2) an explanation of the dynamics of family violence
													 that includes its causes and effects;
(3) a description of the
													 organization's current programs, provided by program staff;
(4) a
													 review of the organization's policies and clarification of any changes made during the year;
(5) an explanation of how the center is funded and future funding
													 projections;
(6) a discussion, presented by the board chair or a
													 member of the executive committee, of the following:
(A) the board's role
													 and responsibilities related to legal and fiscal accountability;
(B) meetings and attendance requirements;
(C) committee duties, structure, and assignments; and
(D) fund-raising and public relations responsibilities;
(7) an explanation of the organization's insurance coverage,
													 including director's and officers' liability insurance or notification of inability to obtain
													 insurance;
(8) an explanation of the working relationship between
													 the board and staff, including but not limited to which staff member is contacted regarding questions or
													 requests and which staff members contact board members routinely;
(9) an update on any changes made in the Business Organizations Code,
													 Chapter 22; and
(10) the organization's confidentiality policy
													 and the importance of 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 1 - BOARD OF DIRECTORS › Section 356.1504 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
Each board member must:
(1) know and comply with the Health and Human Services Commission's rules
													 and the center's policies related to confidentiality; and
(2)
													 provide written assurance to the center that she or he will not use the position to obtain or access
													 confidential program participant information.
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 2 - CONTRACT STANDARDS › Section 356.1601 - Primary Services to an Unserved or Underserved Population

Current through Reg. 49, No. 28; July 12, 2024
If a center's purpose is to provide services to a particular
															population, it must have a plan for providing services to otherwise eligible victims who are not members of
															the targeted population. This plan may include referrals.
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 2 - CONTRACT STANDARDS › Section 356.1602 - Special Nonresidential Project Contract

Current through Reg. 49, No. 28; July 12, 2024
A center may apply for a special nonresidential project
															contract; however, the proposed services cannot be the same as those required by the nonresidential center
															contract.
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 2 - CONTRACT STANDARDS › Section 356.1603 - Internal Monitoring System

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with a written
															internal monitoring system to evaluate:
(1) quality of the center's
													 required program participant services;
(2) accuracy of the fiscal
													 and programmatic documentation; and
(3) compliance with the
													 policies and procedures specified in the center's contract with 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 2 - CONTRACT STANDARDS › Section 356.1604 - Funding Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) The Health and Human Services Commission (HHSC) may waive the maximum
													 prescribed funding percentage, as described in Human Resources Code §
											RSA 51.003(a), when at least one of
													 the following occurs:
(1) The center's income for the contract year
													 decreased relative to the actual income received during the previous contract year. Decreases in funding
													 caused by a center's noncompliance, negligence, or deficiencies will not be considered when making this
													 calculation.
(2) The center's HHSC award for center services
													 increases.
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 2 - CONTRACT STANDARDS › Section 356.1605 - Requesting a Variance or Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) To request a waiver from the maximum prescribed funding percentage, the
													 center's board must submit:
(1) a completed Family Violence Program Waiver
													 Request Form prescribed by the Health and Human Services Commission (HHSC);
(2) supporting documentation demonstrating the center's efforts to raise
													 funds compared to its budget; and
(3) a written agreement to
													 receive technical assistance as designated by HHSC.
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 3 - FISCAL MANAGEMENT › Section 356.1701 - Accounting System Requirements

Current through Reg. 49, No. 28; July 12, 2024
A center must maintain an accounting system and records
															that:
(1) records revenue and expenditures using generally accepted
													 accounting principles;
(2) includes a chart of accounts that
													 lists all accounts by an assigned number;
(3) contains a general
													 ledger and subsidiary ledgers;
(4) maintains supporting
													 documentation for all revenue and expenditures, including, but not limited to:
(A) receipts or vouchers for revenue;
(B) bank statements reconciled to the general ledger bank
													 accounts;
(C) canceled checks;
(D) deposit slips;
(E) approved
													 invoices;
(F) receipts;
(G) leases;
(H)
													 contracts;
(I) time sheets;
(J) inventory; and
(K) cost
													 allocation worksheets.
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 3 - FISCAL MANAGEMENT › Section 356.1702 - Cash/Non-Cash Resources Documentation

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															internal policies and procedures to accurately document the non-Health and Human Services Commission (HHSC)
															cash/non-cash resources required by HHSC under Human Resources Code, §
											RSA 51.003.
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 4 - PERSONNEL › Section 356.1801 - Personnel Policies

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															personnel policies, approved by the Board of Directors, and procedures for its personnel handbook that
															standardize the everyday actions and conduct of all employees. All employees must have ongoing access to the
															personnel handbook and must be notified of new or changed personnel policies. The handbook must address at a
															minimum the following:
(1) contract labor;
(2) conflict of interest;
(3)
													 domestic violence in the workplace;
(4) nepotism;
(5) hiring process that is uniform for all candidates for a particular
													 position and includes:
(A) job posting;
(B) job descriptions with essential job functions;
(C) interviewing systems; and
(D) reference checking and responding to reference checking;
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 4 - PERSONNEL › Section 356.1802 - Personnel Files

Current through Reg. 49, No. 28; July 12, 2024
A center must maintain a personnel file for each employee.
															Each file must include at least the following information:
(1)
													 employment application or resume;
(2) job descriptions;
(3) signed acknowledgment of confidentiality agreement;
(4) signed acknowledgment of receipt of personnel policies and procedures
													 handbook;
(5) performance evaluations for every year of
													 employment in accordance with the center's personnel policies;
(6) documentation of orientation, initial training, and employee
													 development;
(7) any status or classification change;
(8) all disciplinary actions, if any; and
(9) letters of praise or criticism, if any.
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 4 - PERSONNEL › Section 356.1803 - Drug and Alcohol Policy

Current through Reg. 49, No. 28; July 12, 2024
If under the jurisdiction of the Drug-Free Workplace Act, a
															center must develop, maintain, and comply with a written drug and alcohol policy that includes at least the
															following:
(1) prohibition of illegal use or illegal possession of
													 alcohol or drugs while on duty;
(2) a belief in a treatment and
													 recovery approach;
(3) a stated concern for employees and their
													 recovery efforts;
(4) information on available programs and
													 systems for assistance; and
(5) a statement of
													 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 4 - PERSONNEL › Section 356.1804 - New Employee Orientation and Training

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must provide an oral orientation about the organization for
													 all new employees within the first two days of employment.
(b)
													 Within two weeks after the first day of employment, all new employees must receive basic oral or written
													 information regarding:
(1) dynamics of family violence;
(2) a brief history of the Texas Battered Women's Movement;
(3) a brief summary of current Texas laws that address family violence
													 issues; and
(4) federal, state, and program requirements
													 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 4 - PERSONNEL › Section 356.1805 - Staff Development

Current through Reg. 49, No. 28; July 12, 2024
(a) Direct service employees and their direct supervisors must receive
													 relevant training or staff development on topics related to their job descriptions as family violence center
													 employees.
(b) Direct service supervisors should receive training
													 that is relevant to the job descriptions of the people they supervise.
(c) Training may be provided electronically.
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 4 - PERSONNEL › Section 356.1806 - Legal Advocate

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 designate at least one staff person, either paid or volunteer, to act as a legal advocate; and
(2) provide the legal advocate with access to relevant trainings to ensure
													 that appropriate employees, volunteers, and interns have a working knowledge of current Texas laws pertaining
													 to family violence, as well as the local justice system's response to family violence in each county where
													 services are provided.
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 4 - PERSONNEL › Section 356.1807 - Volunteer Coordinator

Current through Reg. 49, No. 28; July 12, 2024
A center must designate an employee or volunteer to act as the
															volunteer coordinator.
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 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.1901 - Facility Requirements for the Nonresidential Center

Current through Reg. 49, No. 28; July 12, 2024
The center's facility must have:
(1) a private meeting area for individual or group services;
(2) access to bathroom facilities, including toilets and
													 lavatories;
(3) adequate safe space for children;
(4) basic furnishings that are clean and in good repair;
(5) clearly marked exits; and
(6) a first-aid kit in all center facilities, accessible to employees and
													 volunteers.
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 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.1902 - Security System

Current through Reg. 49, No. 28; July 12, 2024
The center must have a security system that is operational 24
															hours a day. The security system may include, but is not limited to an alarm system, special lighting, dead
															bolts, and agreements with local law enforcement.
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 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.1903 - Security Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															policies and procedures to promote the safety and security of program participants, employees, and
															volunteers. These policies and procedures must address:
(1) an
													 intruder on the property, such as a batterer;
(2)
													 assaults;
(3) bomb threats;
(4) threatening telephone calls;
(5) natural disasters (e.g., hurricanes, tornadoes, floods,
													 fires);
(6) evacuations;
(7) power outages; and
(8)
													 technology safety and data security.
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 356.2001 - Required Services

Current through Reg. 49, No. 28; July 12, 2024
At a minimum, the center must provide access to the services
															for victims of family violence that are outlined in the Human Resources Code, Chapter 51.
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 356.2002 - Charging for Services

Current through Reg. 49, No. 28; July 12, 2024
A center cannot charge or solicit contributions or donations
															in return for Health and Human Services Commission-contracted 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 356.2003 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Victims of family violence as defined in the Human Resource
															Code, Chapter 51, and adults subjected to sexual and/or emotional abuse by their batterers are eligible for
															services at the center.
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 356.2004 - Federal and State Laws Regarding Eligibility

Current through Reg. 49, No. 28; July 12, 2024
When determining eligibility for services, a center must
															comply with the following applicable state and federal laws and any amendments made to each of these laws.
															Policies and procedures must be written to ensure compliance with:
(1) Human Resources Code, Chapter 51;
(2) Title VI of the Civil Rights Act of 1964 (Public Law 88-352);
(3) Section 504 of the Rehabilitation Act of 1973 (Public Law
													 93-112);
(4) Americans with Disabilities Act of 1990
													 (Public Law
													 101-336);
(5) Age Discrimination Act
													 of 1975 (RSA
													 6101 -
													 RSA
													 6107);
(6) Health and Human
													 Services Commission regulations regarding civil rights;
(7) Texas
													 Health and Safety Code, §
											RSA 85.113, relating
													 to HIV/AIDS; and
(8) the Family Violence Prevention Services Act
													 (42 U.S.C. Chapter 110).
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 356.2005 - Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															program participant eligibility and screening procedures that are based solely on the individual's status as
															a victim of family violence, without regard to:
(1)
													 income;
(2) whether the individual contributes, donates, or pays
													 for these services;
(3) gender; or
(4) sexual orientation.