reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter U - FRAUD INVOLVING RECIPIENTS › Section 730.2005 - Eligibility during Investigation

Current through Reg. 49, No. 28; July 12, 2024
Investigation for potential intentional program violation
					 is not to be used as a punitive action to deprive the recipient of assistance
					 or services. Food stamps, assistance, or services are continued if current
					 eligibility is established during the time that the alleged fraudulent acts are
					 under review and during any period of prosecution or appeal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter U - FRAUD INVOLVING RECIPIENTS › Section 730.2007 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
The right to appeal and all applicable procedures for
					 appeal are described in Subchapter L of this chapter (relating to Fair
					 Hearings), Subchapter M of this chapter (relating to Appeals Process), and
					 Subchapter N of this chapter (relating to Hearing Procedure). Administrative
					 decisions to investigate a recipient's case for fraud and to refer such a case
					 to local law enforcement officials are not subject to appeal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter U - FRAUD INVOLVING RECIPIENTS › Section 730.2009 - Referral of Food Stamp and Aid to Families with Dependent Children (AFDC) Intentional Program Violation Claims to Administrative Disqualification Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  investigator has documented evidence to substantiate that an individual in a
				  food stamp or AFDC household has committed an intentional program violation, an
				  administrative disqualification hearing may be held.
(b) The Texas Department of Protective and
				  Regulatory Services (PRS) may refer to the hearing officer only three types of
				  cases that have first been referred to the prosecutor:
(1) cases that were forwarded to the
				  prosecutor but that he declined to prosecute; or
(2) cases that were forwarded to the
				  prosecutor in which no action was taken within a reasonable amount of time and
				  the cases were formally withdrawn by PRS; or
(3) cases dismissed by the prosecutor after
				  charges were filed that do not reflect a lack of evidence to
				  prosecute.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter U - FRAUD INVOLVING RECIPIENTS › Section 730.2011 - Collection Action on Food Stamp and Aid to Families with Dependent Children (AFDC) Intentional Program Violation Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) The investigator must send the person
				  determined to have committed an intentional program violation a repayment
				  agreement. The investigator must send a repayment agreement even if the
				  household already received a nonintentional program violation demand
				  letter.
(b) The Texas Department of
				  Protective and Regulatory Services (PRS) must begin collection action on
				  intentional program violation claims, unless:
(1) the household has already repaid the
				  overissuance because of a nonintentional program violation claim; or
(2) the investigator documents that the
				  household cannot be located.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter W - FRAUD OR ABUSE INVOLVING INDIVIDUAL OR MAJOR PROVIDERS (EXCEPT MEDICAL) › Section 730.2201 - Responsibilities of the Department in Relation to Provider Fraud

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services'
					 responsibilities in relation to provider fraud include:
(1) setting criteria for identifying cases of
				  possible fraud or abuse;
(2)
				  establishing the methods of referral for investigating those case in which
				  fraud is suspected;
(3) keeping
				  appropriate records and making periodic reports of suspected fraudulent
				  cases;
(4) collecting all
				  overpayments.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter W - FRAUD OR ABUSE INVOLVING INDIVIDUAL OR MAJOR PROVIDERS (EXCEPT MEDICAL) › Section 730.2202 - Statutory Bases for Prosecution

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For all services for which the Texas Department of Protective and Regulatory
				  Services (PRS) provides remuneration, PRS is in effect, the legal owner of the
				  funds used to pay for the goods or services. PRS has the right and
				  responsibility to seek legal redress for any overpayments that may occur as a
				  result of a provider's actions.
(b)
				  The most common form of criminal sanction would take place under the Texas
				  Penal Code, §§ 31.032,
				  7.23,
				  and
				  37.10.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.101 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the negotiation and mediation of a
					 claim of breach of contract asserted by a Contractor against the Department, as
					 well as a counterclaim asserted by the Department against the Contractor,
					 pursuant to the requirements established under Chapter 2260 of the Texas
					 Government Code. Chapter 2260 takes precedence to the extent of any conflict or
					 inconsistency between these rules and the applicable requirements of Chapter
					 2260.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.103 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms in this chapter have the following
					 meanings, unless the context clearly indicates otherwise:
(1) Claim--a demand for damages by the
				  Contractor based upon the Department's alleged breach of contract;
(2) Contractor--as defined by §
										2260.001(2),
				  Texas Government Code;
(3)
				  Commissioner--the chief administrative officer of the Department;
(4) Counterclaim--a claim by the Department
				  against the Contractor based upon the same contract as that of the Contractor's
				  claim;
(5) Day--a calendar day. If
				  an act is required to occur on a date falling on a Saturday, Sunday, or
				  holiday, the first working day following one of these days is the date to be
				  counted as the required day for the act;
(6) Department--the Texas Department of
				  Family and Protective Services;
(7)
				  Event--an act or omission or a series of acts or omissions giving rise to a
				  claim;
(8) Negotiation--a
				  consensual bargaining process in which the parties attempt to resolve a claim
				  and counterclaim;
(9) Parties--the
				  Department and the Contractor that have entered into the contract that is the
				  subject of the claim; and
(10)
				  SOAH--State Office of Administrative Hearings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.105 - Suits Against the Department for Contract Breach

Current through Reg. 49, No. 28; July 12, 2024
Subject to §
										2260.005 of the Texas
					 Government Code, the procedures contained within Chapter 2260 of the Texas
					 Government Code are exclusive and required prerequisites to suit in accordance
					 with Chapter 107 of the Texas Civil Practice and Remedies Code. Chapter 2260 of
					 the Texas Government Code does not prevent a contractor sued by a unit of state
					 government from asserting a counterclaim or right of offset against the unit of
					 state government in the court in which the unit of state government files the
					 suit.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.107 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not waive the Department's sovereign
					 immunity to suit or liability.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.109 - Requirements for Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A Contractor asserting a claim of breach
				  of contract under Chapter 2260 of the Texas Government Code must file notice of
				  the claim as provided in this section.
(b) The notice of the claim must be:
(1) in writing and signed by the Contractor
				  or the Contractor's authorized representative; and
(2) delivered by hand, certified mail return
				  receipt requested, or other verifiable delivery service, to the:
(A) contract signatory for the Department of
				  the region or state office division which signed the contract;
(B) The person designated in the contract as
				  the appropriate receiver of legal notice; or
(C) the Commissioner of the
				  Department.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.111 - Department Counterclaims

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department may assert a counterclaim under Chapter 2260 of the Government Code,
				  as provided in this section. The counterclaim must be:
(1) in writing; and
(2) delivered by hand, certified mail return
				  receipt requested, or other verifiable delivery service to the Contractor or
				  the representative of the Contractor who signed the notice of claim of breach
				  of contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.113 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties must negotiate in accordance with the timetable
					 set forth in §
										732.115 of
					 this title (relating to Negotiation Timetable) in an attempt to resolve all
					 claims and counterclaims. No party is obligated to settle with the other party
					 as a result of the negotiation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.115 - Negotiation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				  receipt of a Contractor's notice of claim, the Commissioner or another
				  Department officer designated in the contract will review the Contractor's
				  claim and the Department's counterclaim, if any, and initiate negotiations with
				  the Contractor in an attempt to resolve the claim and counterclaim.
(b) The parties will begin negotiations
				  within a reasonable period of time, not to exceed 120 Days following the date
				  the Department receives the Contractor's notice of claim.
(c) The parties may conduct negotiations
				  according to an agreed upon schedule as long as they complete the negotiations
				  no later than the 270th Day after the Department receives the Contractor's
				  notice of claim, subject to one or more extensions agreed upon by the
				  parties.
(d) The parties may agree
				  in writing on or before the 270th Day after the Department receives the
				  Contractor's notice of claim to extend the time for negotiations. The agreement
				  must be signed by representatives of the parties with authority to bind each
				  respective party and must provide for the extension of the statutory
				  negotiation period. The parties may enter into a series of written extension
				  agreements that comply with the requirements of this section.
(e) The Contractor may request a contested
				  case hearing before the State Office of Administrative Hearings on or before
				  the 270th Day after the Department receives the Contractor's notice of claim,
				  or the expiration of any extension agreed to by the parties.
(f) The parties may agree to mediate the
				  dispute at any time before the 270th Day after the Department receives the
				  Contractor's notice of claim or before the expiration of any extension agreed
				  to by the parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.117 - Negotiations

Current through Reg. 49, No. 28; July 12, 2024
(a) The negotiation may be conducted by any
				  method, technique, or procedure authorized under the contract or agreed upon by
				  the parties.
(b) To facilitate the
				  meaningful evaluation and negotiation of the claim and any counterclaim, the
				  parties may exchange relevant documents that support their respective claims,
				  defenses, counterclaims, or positions.
(c) Material submitted pursuant to this
				  section and claimed to be confidential by the Contractor will be handled
				  pursuant to the requirements of the Public Information Act, Government Code,
				  Chapter 552.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.119 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures must be
					 disclosed prior to, or at the beginning of, negotiations. To the extent
					 possible, the parties must select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement, and
					 who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.121 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim or any designated portion of a
				  claim.
(b) To be enforceable, a
				  settlement agreement must be in writing and signed by representatives of the
				  Contractor and the Department who have authority to bind each respective
				  party.
(c) A partial settlement
				  does not waive a party's rights under the Government Code, Chapter 2260, as to
				  the parts of the claim or counterclaim that are not resolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.123 - Costs of Negotiations

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party will be
					 responsible for its own costs incurred in connection with a negotiation,
					 including, without limitation, the costs of attorney's fees, consultant's fees,
					 and expert's fees.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.125 - Contractor Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a claim for breach of contract is not resolved in its entirety on or before
				  the 270th Day after the Department receives the notice of claim, or after the
				  expiration of any extension, the Contractor may file a request with the
				  Department for a contested case hearing before SOAH in accordance with §
										2260.102 of the Texas
				  Government Code.
(b) A request for
				  a contested case hearing must state the legal and factual basis for the claim,
				  request that the claim be referred to SOAH for a contested case hearing, and
				  must be delivered within 30 Days after the 270th Day, or the expiration of any
				  agreed extensions, to the Commissioner of the Department or the person
				  designated in the contract to receive notice.
(c) If the parties reach an impasse in the
				  negotiations and proceed to a contested case hearing because it would serve the
				  interests of justice, the parties may agree to submit the case to SOAH before
				  the 270th Day after the notice of claim is received by the Department to the
				  extent that the claim or counterclaim, if any, remains unsolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.127 - Mediation of Contract Claims

Current through Reg. 49, No. 28; July 12, 2024
The Contractor and the Department may agree to mediate the
					 claim and any counterclaim at any time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.129 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediator may not impose his or her own
				  judgment on the issues for that of the parties. The mediator must be acceptable
				  to both parties.
(b) The mediation
				  is subject to the provisions of the Governmental Dispute Resolution Act,
				  Government Code, Chapter 2009.
(c)
				  The term "mediation" is assigned the meaning set forth in the Civil Practice
				  and Remedies Code §
										154.023.
(d) To facilitate a meaningful opportunity
				  for settlement, the parties will, to the extent possible, select
				  representatives who are knowledgeable about the subject matter of the dispute,
				  who are in a position to reach agreement, and who can credibly recommend
				  approval of an agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.131 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, the costs of the
					 mediator must be divided equally between the parties. Each party must be
					 responsible for its own costs incurred in connection with the mediation,
					 including costs for reproduction of documents requested by such party,
					 attorney's fees, consultant's fees, and expert's fees.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter A - DISPUTE RESOLUTION › Section 732.133 - Mediation Settlement Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  settlement agreement reached during, or as a result of, mediation that resolves
				  an entire claim, or any designated and severable portion of a claim, or
				  counterclaim, if any, must be in writing and signed by representatives of the
				  Contractor and the Department who have authority to bind each respective
				  party.
(b) If the settlement
				  agreement does not resolve all issues raised by the claim or counterclaim, if
				  any, the agreement must identify the issues that are not resolved.
(c) A partial settlement does not waive a
				  Contractor's rights under the Texas Government Code, Chapter 2260, as to the
				  parts of the claim that are not resolved, nor does it waive the Department's
				  rights as to parts of the counterclaim that are not resolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 732 - CONTRACTED SERVICES › Subchapter B - ENHANCED CONTRACT MONITORING › Section 732.201 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Texas Government Code §
										2261.253,
				  DFPS will identify contracts that require enhanced monitoring.
(b) Contracts will be monitored in accordance
				  with DFPS' policies and procedures.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter A - DEFINITIONS, PURPOSE, AND SCOPE › Section 735.101 - What do certain words and terms mean in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These words have the following meaning in this
					 subchapter:
(1) Adoption evaluation--A
				  pre-placement or post-placement evaluative process regarding the adoption of a
				  child. There is a written report for each pre-placement and post-placement
				  portion of the adoption evaluation that summarizes the information obtained
				  during the evaluation, the assessments and conclusions drawn during the
				  evaluation process, and recommendations made. These reports are provided to the
				  court, the parties to the suit for adoption, and the parties' attorneys. An
				  adoption evaluation must include an evaluation of the circumstances and the
				  condition of the home and social environment of any person requesting to adopt
				  a child.
(2) Adoption evaluator--A
				  person court-ordered to conduct an adoption evaluation under Chapter 107, Texas
				  Family Code.
(3) Adoptive
				  parents--The prospective adoptive parent or parents who have filed a petition
				  to adopt a child.
(4) Child--A
				  specific child whom the adoptive parents petitioned the court to adopt, unless
				  otherwise stated or the context clearly indicates otherwise.
(5) Department--The Department of Family and
				  Protective Services.
(6) "I" or
				  "You"--The adoption evaluator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter A - DEFINITIONS, PURPOSE, AND SCOPE › Section 735.103 - What is the purpose of this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes the minimum requirements for
					 the pre-placement and post-placement portions of an independent court-ordered
					 adoption evaluation and the respective reports. Unless otherwise agreed to by
					 the court, the pre-placement and post-placement portions of an independent
					 court-ordered adoption evaluation and the reports must comply with these
					 minimum requirements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter A - DEFINITIONS, PURPOSE, AND SCOPE › Section 735.105 - Who is responsible for complying with the rules of this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
An adoption evaluator who is court-ordered to conduct an
					 adoption evaluation must comply with these rules unless:
(1) The court orders otherwise;
(2) The adoption evaluator is an employee of
				  a licensed child-placing agency or the department or a contractor for the
				  department; or
(3) Services are
				  being provided in accordance with the Interstate Compact on the Placement of
				  Children adopted under Chapter 162, Texas Family Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter B - MAKING ASSESSMENTS, CONCLUSIONS, AND RECOMMENDATIONS › Section 735.201 - How does an adoption evaluator make assessments, conclusions, and recommendations when conducting an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
An adoption evaluator:
(1) Must conform the evaluator's actions to
				  the professional standards of care applicable to the evaluator's licensure and
				  any administrative rules, ethical standards, or guidelines adopted by the state
				  agency that licenses the evaluator, unless otherwise directed by a court or
				  prescribed by a rule in this subchapter;
(2) Shall follow evidence-based practice
				  methods and make use of current best evidence in making assessments,
				  conclusions, and recommendations;
(3) Shall verify, to the extent possible,
				  each statement of fact pertinent to an adoption evaluation and shall note the
				  sources of verification and information in any report prepared on the
				  evaluation; and
(4) Shall state the
				  basis for the evaluator's conclusions or recommendations in any report prepared
				  on the evaluation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter B - MAKING ASSESSMENTS, CONCLUSIONS, AND RECOMMENDATIONS › Section 735.203 - May I consider the adoptive parent's membership in a military organization as a factor in an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
Texas Family Code §
										162.0025
					 prohibits any person conducting an adoption evaluation from considering
					 membership in the armed forces of the United States, Texas National Guard,
					 National Guard in another state, or in a reserve component of the armed forces
					 of the United States as a negative factor in determining whether the adoptive
					 parents would be suitable or whether an adoption is in the best interest of the
					 child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter B - MAKING ASSESSMENTS, CONCLUSIONS, AND RECOMMENDATIONS › Section 735.205 - Does an adoption evaluator have to report an illegal adoptive placement?

Current through Reg. 49, No. 28; July 12, 2024
Yes, an adoption evaluator must report to the department
					 any placement of a child in an adoptive home that appears to have been made by
					 someone other than a licensed child-placing agency or a child's parent or
					 managing conservator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.301 - When is the pre-placement portion of an adoption evaluation conducted?

Current through Reg. 49, No. 28; July 12, 2024
A pre-placement portion of an adoption evaluation is
					 usually conducted before the child begins living in the home of the adoptive
					 parents.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.303 - What requirements are there for obtaining information about the child in the pre-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the child is at least four years old,
				  you must interview the child in a developmentally appropriate manner.
(b) If the child is younger than four years
				  old, you must observe the child.
(c) You must include a summary of all
				  assessments and available information about the child, including the child's:
(1) Health, Social, Educational, and Genetic
				  History Report (HSEGH), if completed. Family Code §
											162.005
				  requires the HSEGH to be prepared by the person or entity placing the child for
				  adoption, but does not require a HSEGH if the petitioner for adoption is the
				  child's grandparent, stepparent, aunt, or uncle by birth, marriage or prior
				  adoption;
(2) History of physical,
				  sexual, or emotional abuse, including substance abuse history;
(3) Current physical, mental, and emotional
				  status, including any special needs;
(4) History of any previous placements,
				  including the date and reason for placement;
(5) Understanding of adoptive placement;
				  and
(6) Legal status.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.305 - What information about the adoptive parents must be included in the pre-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must discuss, obtain, assess, and
				  document the following information about the adoptive parents and their home:
Attached Graphic
(b) The discussion and assessment
				  of the information about adoptive parents and their home in subsection (a) of
				  this section should be framed in relation to the specific physical, mental, and
				  emotional state of the child, including any special needs of the
				  child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.307 - Whom must I interview during the pre-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
Interviews during the pre-placement portion of an adoption
					 evaluation must include at least:
(1)
				  One individual interview with each adoptive parent;
(2) One individual interview with each child
				  four years or older who is living in the home either full- or
				  part-time;
(3) One individual
				  interview with any other person who is living in the home either full- or
				  part-time;
(4) One joint interview
				  with the adoptive parents;
(5) One
				  family group interview with family members who are living in the
				  home;
(6) One interview, by
				  telephone, in person or by letter, with every:
(A) Minor child of each adoptive parent that
				  is 12 years old or older and is not living in the home; and
(B) Adult child of each adoptive parent that
				  is not living in the home;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.309 - What must I document regarding interviews for the pre-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You
				  must document all interviews and attempts to complete interviews. The
				  documentation must include:
(1) The date and
				  method used to contact each required person;
(2) The date of each interview;
(3) Who was present at each interview and
				  their relationship to the adoptive parents; and
(4) A summary of each interview.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.311 - What are the requirements for visiting the adoptive parents' home during the pre-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must visit the home at least
				  once.
(b) All members of the
				  household must be present for the visit.
(c) You must document in the record the date
				  of the visit, persons present, their relationship to the prospective adoptive
				  family, and observations regarding health and safety issues in the
				  home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.313 - What information regarding the adoptive parents' home and grounds must be assessed?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
				  obtain a sketch of the floor plan of the home showing dimensions and purposes
				  of all rooms in the home.
(b) You
				  must obtain a sketch or photo of the outside areas showing areas of the grounds
				  to be used by the child.
(c) You
				  must determine, through your visit to the home and a review of the sketches
				  and/or photos, whether there:
(1) Are any
				  potential safety or health issues. The home must be clean, safe, and free of
				  obvious fire and other hazards. You must document whether the home is equipped
				  with smoke detectors; and
(2) Is
				  sufficient space to accommodate the members of the household and the
				  child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.315 - What are the additional requirements for the pre-placement portion of an adoption evaluation if the adoptive parents previously adopted a child through a child-placing agency or were previously foster parents for a child-placing agency?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
				  request and assess the following background information from any child-placing
				  agency that previously conducted a foster home screening, pre-adoptive home
				  screening, or post placement adoptive report:
(1) The screening, report, and related
				  documentation;
(2) The most current
				  fire and health inspections; and
(3) For previous foster homes:
(A) Documentation of supervisory visits and
				  evaluations for the past year;
(B)
				  Any record of deficiencies and their resolutions for the past year;
(C) The transfer/closing summary;
(D) Copies of any current or previous annual
				  development plans for the past two years, if applicable; and
(E) Copies of any current or previous
				  corrective action plans for the past two years, if applicable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.317 - What requirements are there about obtaining information about birth parents for the pre-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must obtain the following information
				  about the birth parents, unless their parental rights have been terminated:
(1) The degree and type of involvement they
				  desire with the adoptive family; and
(2) Their expectations for adoptive
				  placement, if they chose the placement with the adoptive parents.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.319 - What step does the department recommend if a child does not begin living with the adoptive parents within six months after the pre-placement portion of an adoption evaluation has been completed?

Current through Reg. 49, No. 28; July 12, 2024
For a child that does not begin living with the adoptive
					 parents within six months after the completion of the pre-placement portion of
					 an adoption evaluation, the department recommends that you update the
					 pre-placement portion of an adoption evaluation within the 30-day period before
					 the child begins living in the home. But the court responsible for finalizing
					 the adoption must make the final decision on whether the update is
					 necessary.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.321 - Must I complete the pre-placement portion of an adoption evaluation update if the adoptive parents plan to adopt another child?

Current through Reg. 49, No. 28; July 12, 2024
Yes. If the adoptive parents plan to adopt another child,
					 either in addition to or instead of the child for whom the pre-placement
					 portion of an adoption evaluation was completed, you must complete a written
					 update to the pre-placement portion of an adoption
					 evaluation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.323 - What information must an update of the pre-placement portion of an adoption evaluation include?

Current through Reg. 49, No. 28; July 12, 2024
It must include:
(1) Completing information about the new
				  child as required by §
										735.303
				  of this title (relating to What requirements are there for obtaining
				  information about the child in the pre-placement portion of an adoption
				  evaluation?);
(2) A review and any
				  necessary updates relating to the requirements in §
										735.305
				  of this title (relating to What information about the adoptive parents must be
				  included in the pre-placement portion of an adoption evaluation?);
				  and
(3) Documentation of at least
				  one additional visit to the adoptive parents' home, including who was present
				  during the visit. This visit should be within the 30-day period before the
				  child begins living in the home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.325 - What information must the pre-placement portion of an adoption evaluation report include?

Current through Reg. 49, No. 28; July 12, 2024
(a) The report
				  must contain:
(1) Documentation of the
				  requirements in Subchapters B, C, and E of this Chapter, including
				  documentation of:
(A) Information that was
				  obtained through the review of documents, reports, and inspections;
				  and
(B) Interviews with the
				  adoptive parents and their family, collateral contacts, and the
				  child;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter C - MINIMUM REQUIREMENTS FOR THE PRE-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.327 - Can the pre-placement and post-placement portions of an adoption evaluation be combined?

Current through Reg. 49, No. 28; July 12, 2024
In a suit filed after the date the child began living in
					 the adoptive parents' home, the pre-placement and post-placement portions of an
					 adoption evaluation and reports may be combined and a single report completed.
					 But the adoption evaluation and the combined report must:
(1) Be completed after the child begins
				  living in the home; and
(2) Meet
				  all of the minimum requirements of this subchapter for both the pre-placement
				  and post-placement portions of an adoption evaluation and reports.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter D - MINIMUM REQUIREMENTS FOR THE POST-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.401 - When must I conduct the post-placement portion of an adoption evaluation and report?

Current through Reg. 49, No. 28; July 12, 2024
You must conduct the interviews for the post-placement
					 portion of an adoption evaluation after the child has resided in the adoptive
					 parents' home for at least five months, unless otherwise directed by the court.
					 However, you may start the post-placement portion of an adoption evaluation and
					 report, such as the gathering of written information, after the child begins
					 living in the adoptive parents' home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter D - MINIMUM REQUIREMENTS FOR THE POST-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.403 - Whom must I interview during the post-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
Interviews during the post-placement portion of an adoption
					 evaluation must include at least one:
(1) Individual interview with each adoptive
				  parent;
(2) Individual interview
				  with each child four years or older living full- or part-time in the home,
				  including the child placed for adoption;
(3) Individual interview with any other
				  person living full- or part-time in the home;
(4) Joint interview with the adoptive
				  parents; and
(5) Family group
				  interview with family members living in the home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter D - MINIMUM REQUIREMENTS FOR THE POST-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.405 - What issues must an interview for the post-placement portion of an adoption evaluation address?

Current through Reg. 49, No. 28; July 12, 2024
Each interview must focus on the adjustment of the family
					 and the child living together in the adoptive parents' home. You must also
					 address the:
(1) Requirements in
				  §
										735.305
				  of this title (relating to What information about the adoptive parents must be
				  included in the pre-placement portion of an adoption evaluation?) that have not
				  been adequately addressed; and
(2)
				  Assessments that are mandated in §
										735.411
				  of this title (relating to What information must be included in the
				  post-placement portion of an adoption evaluation report?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter D - MINIMUM REQUIREMENTS FOR THE POST-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.407 - What must I document regarding interviews that I conduct for the post-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
You must document all interviews and attempts to complete
					 interviews. The documentation must include:
(1) The date and method used to contact each
				  required person;
(2) The date of
				  each interview;
(3) Who was present
				  at each interview and their relationship to the adoptive parents; and
(4) A summary of each interview.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter D - MINIMUM REQUIREMENTS FOR THE POST-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.409 - What are the requirements for visiting the adoptive parents' home during the post-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must visit the home at least
				  once.
(b) All members of the
				  household, including the child, must be present for at least one home
				  visit.
(c) You must document in the
				  record the date of the visit, persons present, their relationship to the
				  adoptive parents, and observations regarding health and safety issues in the
				  home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter D - MINIMUM REQUIREMENTS FOR THE POST-PLACEMENT PORTION OF AN ADOPTION EVALUATION AND REPORT › Section 735.411 - What information must be included in the post-placement portion of an adoption evaluation report?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  report must contain:
(1) Any previously
				  incomplete or supplemental information regarding the adoptive parents and the
				  child that was required to be obtained for the pre-placement portion of an
				  adoption evaluation, including any updates relating to:
(A) A newly completed Health, Social,
				  Educational, and Genetic History Report (HSEGH), or supplemental
				  information;
(B) Any updates to the
				  child's current physical, mental, and emotional status, including any special
				  needs;
(C) An update regarding the
				  child's legal status; and
(D) Any
				  new information obtained regarding the adoptive parents in relation to §
												735.305
				  of this title (relating to What information about the adoptive parents must be
				  included in the pre-placement portion of an adoption evaluation?);
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 735 - INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS › Subchapter E - BACKGROUND CHECK INFORMATION › Section 735.501 - How do I obtain the results of a fingerprint-based criminal history background check and a central registry background check for the pre-placement portion of an adoption evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  To obtain the results of a fingerprint-based criminal history background check
				  or a central registry background check for the pre-placement portion of an
				  adoption evaluation, the adoptive parents, the adoptive parents' attorney, or
				  you must request them.
(b) A
				  fingerprint-based criminal history background check must include a criminal
				  history check from the Texas Department of Public Safety (DPS) and the Federal
				  Bureau of Investigation (FBI). This check must be requested from DPS.
(c) A central registry background check must
				  be requested from the department by completing the appropriate Centralized
				  Background Check Unit (CBCU) form that is available on the department's
				  website.