reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 4 - INTENSE SERVICE LEVEL › Section 700.2361 - What is the description of the Intense Service Level?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Intense Service Level consists of a
					 high degree of structure, preferably in a family, to limit the child's access
					 to environments as necessary to protect the child. The caregivers have
					 specialized training to provide services to help the child keep, learn or
					 improve skills and functioning for daily living as well as intense therapeutic
					 supports and interventions with limited outside access, including:
(1) 24-hour supervision to ensure the child's
					 safety and sense of security, which includes frequent one-to-one monitoring
					 with the ability to provide immediate on site response;
(2) affection, reassurance, and involvement
					 in therapeutic activities appropriate to the child's age and development to
					 promote the child's well-being;
(3)
					 contact, in a manner that is deemed in the best interest of the child, with
					 siblings, family members and other persons significant to the child, to
					 maintain a sense of identity and culture;
(4) provision of services to help the child
					 keep, learn or improve skills and functioning for daily living, as well as
					 therapeutic and medical intervention and guidance that is frequently scheduled
					 and professionally designed and supervised to help the child attain functioning
					 more appropriate to the child's age and development; and
(5) consistent and frequent attention,
					 direction, and assistance to help the child attain stabilization and connect
					 appropriately with the child's environment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 4 - INTENSE SERVICE LEVEL › Section 700.2363 - What are the characteristics of a child that needs the Intense Service Level?

Current through Reg. 49, No. 28; July 12, 2024
A child needing intense services has severe problems in
						one or more areas of functioning that present an imminent and critical danger
						of harm to self or others. The children needing intense services may
						include:
(1) a child whose
					 characteristics include one or more of the following:
(A) extreme physical aggression that causes
					 harm;
(B) recurring major
					 self-injurious actions to include serious suicide attempts;
(C) other difficulties that present a
					 critical risk of harm to self or others; and
(D) severely impaired reality testing,
					 communication skills, cognitive, affect, or personal hygiene.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 5 - INTENSE PLUS SERVICE LEVEL › Section 700.2365 - What is the description of the Intense Plus Service Level?

Current through Reg. 49, No. 28; July 12, 2024
The Intense Plus Service Level consists of the highest
						degree of structure, and meets all of the requirements in §
											700.2361
						of this title (relating to What is the description of the Intense Service
						Level?), in addition to the requirements of this section. Services and
						treatment at the Intense Plus Level must be provided in a therapeutic
						residential setting by caregivers with specialized training as further outlined
						in contract for the provision of services to a child at the Intense Plus
						Service Level. In addition to any such contractual requirements, a provider
						serving a child at the Intense Plus Service Level must:
(1) offer single child and sibling group
					 placement;
(2) deliver an
					 appropriate number of medical and therapeutic services that are
					 research-supported, reimbursable by Medicaid or other funding sources, and
					 readily available in the community, including but not limited to daily therapy
					 sessions, individual and group therapy, and specialized therapies such as Eye
					 Movement Desensitization and Reprocessing Therapy, Applied Behavior Analysis
					 (certified); and Treatment for Anorexia/Bulimia/Eating Disorders, and others as
					 appropriate;
(3) provide continued
					 care for a child following psychiatric or medical hospitalization;
					 and
(4) offer "step down" from the
					 Intense Plus Service Level, which includes long-term discharge and aftercare
					 planning.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 5 - INTENSE PLUS SERVICE LEVEL › Section 700.2367 - What are the characteristics of a child that needs the Intense Plus Service Level?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Intense Plus
					 Service Level is designed to address chronically serious to severe emotional
					 and/or behavioral management problems that interfere with the child's ability
					 to function in a family, school, or community setting outside of a therapeutic
					 environment. Children at the Intense Plus Service Level do not generally
					 function socially in an appropriate manner, and the child's emotional
					 functioning is largely incongruent with chronological age. At this level,
					 children frequently have serious to severe outbursts that make it difficult for
					 them to participate in routines or accept responsibility for behavior.
(b) Children at the Intense Plus
					 Service Level display:
(1) all of the
					 characteristics of the Intense Service Level as described in §
												700.2363
					 of this title (relating to What are the characteristics of a child that needs
					 the Intense Service Level?); and
(2) a history of poor or inconsistent
					 response to treatment as well as attempted multiple, unsuccessful interventions
					 that have resulted in no remission of symptoms; or
(3) characteristics and history that make
					 successful treatment at a lower service level unsuccessful, such as:
(A) extreme and recurring episodes of
					 physical aggression that causes harm;
(B) extreme and recurring episodes of
					 sexually aggressive behavior;
(C)
					 chronic runaway behaviors, including any exposure to or risk of human
					 trafficking;
(D) certain medical
					 conditions such as diabetes requiring injections or dialysis; and
(E) other characteristics specified by the
					 contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 5 - INTENSE PLUS SERVICE LEVEL › Section 700.2381 - What is the Intensive Psychiatric Transition program?

Current through Reg. 49, No. 28; July 12, 2024
The Intensive Psychiatric Transition program offers a
						short-term mental health treatment and placement option for children in DFPS
						conservatorship with acute, intensive psychiatric needs at the time of release
						from a psychiatric hospitalization or as an alternative to a psychiatric
						hospitalization. The purpose is to provide enriched services and supports to
						stabilize children and youth and promote successful transitions to less
						restrictive placements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 6 - INTENSIVE PSYCHIATRIC TRANSITION PROGRAM › Section 700.2383 - Who is eligible for the Intensive Psychiatric Transition program?

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for this program, a child must:
(1) be in DFPS conservatorship;
(2) have had at least one psychiatric
					 hospitalization in the preceding 12 months;
(3) either be ready for discharge from a
					 psychiatric hospital or at imminent risk of a subsequent psychiatric
					 hospitalization; and
(4) have been
					 determined by the Associate Commissioner of CPS or the Associate Commissioner's
					 designee to be in crisis and in need of acute stabilization.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter W - SERVICE LEVEL SYSTEM › Division 6 - INTENSIVE PSYCHIATRIC TRANSITION PROGRAM › Section 700.2385 - How long may a child be placed in the Intensive Psychiatric Transition program?

Current through Reg. 49, No. 28; July 12, 2024
All placements in this program are limited to 60 days,
						unless the Associate Commissioner of CPS or the Associate Commissioner's
						designee grants a one-time, child-specific waiver for an additional 60
						days.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Z - TITLE IV-A EMERGENCY ASSISTANCE PROGRAM › Section 700.2701 - Overview

Current through Reg. 49, No. 28; July 12, 2024
The Title IV-A Emergency Assistance Program is operated in
					 compliance with applicable federal statutes and regulations and the approved
					 Title IV-A State Plan
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Z - TITLE IV-A EMERGENCY ASSISTANCE PROGRAM › Section 700.2703 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department of Family and Protective
				  Services (DFPS) or its authorized designee determines eligibility of a child
				  and/or his family for Title IV-A Emergency Services if all of the following
				  criteria are met:
(1) An emergency exists, as
				  defined in subsection (b) of this section.
(2) The family applies for care and services
				  available in emergency situations, or DFPS or its authorized designee applies
				  on behalf of a child whose parents are unavailable or unwilling to
				  apply.
(3) The child has lived with
				  a relative at some time within the six-month period prior to
				  application.
(4) The emergency
				  arose for a reason other than an adult family member's refusal to accept
				  employment without good cause.
(5)
				  The applicant, child, or family declares annual income of less than
				  $63,000.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter Z - TITLE IV-A EMERGENCY ASSISTANCE PROGRAM › Section 700.2705 - Service Provision

Current through Reg. 49, No. 28; July 12, 2024
The Department of Family and Protective Services (DFPS)
					 provides services to an eligible child and/or his family under the Title IV-A
					 Emergency Assistance Program as determined necessary and appropriate and as
					 authorized by DFPS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter A - INTRODUCTION › Section 702.1 - What is the purpose of this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to provide rules that guide
					 the general administration of the Texas Department of Protective and Regulatory
					 Services or that pertain to more than one program area with the
					 department.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter A - INTRODUCTION › Section 702.5 - How are the terms in this chapter defined?

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) Advisory committee--Any group, such as a
				  committee, commission, task force, workgroup, or other entity with multiple
				  members that has as its primary function advising the Department of Family and
				  Protective Services (DFPS).
(2)
				  APS--Adult Protective Services, a division of (DFPS) responsible for providing
				  protective services for elderly and disabled persons.
(3) CCL--Child-Care Licensing, a division of
				  DFPS responsible for the regulation of child-care facilities, as provided in
				  Chapter 42 of the Human Resources Code.
(4) Commissioner--The Commissioner of
				  DFPS.
(5) CPS--Child Protective
				  Services, a division of DFPS responsible for providing protective services to
				  children and for providing family support and family preservation
				  services.
(6) DFPS or the
				  Department--The Texas Department of Family and Protective Services.
(7) Executive Commissioner--The Executive
				  Commissioner of the Texas Health and Human Services Commission or his or her
				  designee.
(8) PEI--Prevention and
				  Early Intervention, a division of (DFPS) responsible for implementing and
				  managing programs intended to provide early intervention or prevent at-risk
				  behaviors that lead to child abuse, delinquency, running away, truancy, and
				  dropping out of school.
(9)
				  Quorum--A majority of an advisory committee's active membership.
(10) Single Source Continuum
				  Contractor--Entity with which DFPS contracts for the full continuum of care in
				  a Foster Care Redesign catchment area.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.201 - What types of records are maintained by the Department of Family and Protective Services?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  of Family and Protective Services (DFPS) maintains records relating to our
				  general administrative functions, including personnel records, financial
				  records, policy and procedure manuals, and agency performance measurements.
				  These records, referred to as "Administrative Records," are generally available
				  to the public and may be requested under the Texas Public Information Act in
				  Chapter 552, Texas Government Code.
(b) DFPS also maintains confidential records
				  on clients DFPS is or was involved with, including records developed in an
				  abuse and neglect investigation and/or in providing services as the result of
				  an investigation, in order to meet state and federal accountability
				  requirements, as applicable. These records, referred to as "Case Records," are
				  generally not available to the public, although they may be available to
				  individuals, government agencies, and others, as provided by state and federal
				  laws and DFPS rules. Rules concerning confidential case records specific to
				  each DFPS program can be found in Chapters 700, 705, and 707 of this part
				  .
(c) A complete listing of the
				  types of records maintained by DFPS may be found in the DFPS Records Retention
				  Schedule. The Schedule can be found on DFPS's public website.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.203 - How does the Department of Family and Protective Services maintain confidential case records?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department of Family and Protective Services (DFPS) maintains paper and
				  electronic case records. Electronic case records are primarily maintained in
				  DFPS's electronic case management system of records, called Information
				  Management Protecting Adults and Children in Texas (IMPACT). Electronic records
				  are also maintained in other systems as needed.
(b) As part of our case records, we may also
				  maintain recordings made at child advocacy centers during the course of
				  investigations if we are the owner of the recordings pursuant to Texas Family
				  Code, §
										264.408(d)
				  or when the child advocacy center provides us a copy of the recordings for our
				  case records.
(c) Physical files
				  may be stored in the DFPS regional office handling the case while the case is
				  active or open. When physical records are inactive or closed, they are
				  transferred to DFPS's Records Management Group (RMG). DFPS's Records Management
				  Officer determines the most appropriate way to retain them until their
				  retention period is met. Physical records may be retained in their original
				  format and stored at state facilities or with a third-party vendor or they may
				  be converted to digital images for electronic filing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.205 - How long does the Department of Family and Protective Services retain confidential case records?

Current through Reg. 49, No. 28; July 12, 2024
(a) Physical
				  case records and case records and information in DFPS's electronic case
				  management system entitled Information Management Protecting Adults and
				  Children in Texas (IMPACT) and other electronic systems are generally retained
				  and destroyed in accordance with the Department of Family and Protective
				  Services' (DFPS) Records Retention Schedule. The Schedule can be found on
				  DFPS's public website. The retention period of a record is calculated from the
				  time the case is closed. When the retention period has expired, DFPS
				  permanently removes the case information from any electronic storage, including
				  IMPACT, and destroys any paper case record in a manner that protects
				  confidentiality.
(b)
				  Notwithstanding subsection (a) of this section, the retention period for a DFPS
				  record may be extended for the following reasons:
(1) Pursuant to Texas Government Code §
											441.187,
				  if a litigation, claim, negotiation, audit, open records request,
				  administrative review, or other action involving the record is initiated before
				  the retention period for the record expires, DFPS may not destroy the record
				  until the completion of the action and resolution of all issues that arise from
				  the action, even if the retention period for the record expires during that
				  period. If an action or activity involving the record is initiated, the
				  retention period for that record is extended for the amount of time that the
				  action or activity is in process.
(2) If DFPS opens a new case on a party to an
				  older closed case that has not been destroyed pursuant to DFPS's retention
				  schedule, DFPS may merge or relate the cases. Merged cases may be reclassified
				  and extended to coincide with the retention period of the case with the latest
				  retention period. For purposes of this section, merge means combining two or
				  more separate cases into one case.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.207 - How can you request confidential case records?

Current through Reg. 49, No. 28; July 12, 2024
If you are entitled to confidential case records, you can
					 request the records in the following ways:
(1) For the quickest response, submit your
				  request for client records electronically through the Department of Family and
				  Protective Services' (DFPS) website.
(2) You also may submit a written request by
				  mail. Written requests must be made on a DFPS Information Request Form and
				  mailed to the DFPS Records Management Group at Y-937, P.O. Box 149030, Austin,
				  TX, 78714-9030 with a copy of your photo identification. The forms can be found
				  on the DFPS website.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.209 - How does the Department of Family and Protective Services prioritize fulfilling requests for copies of confidential client records that require redaction prior to their release?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department of Family and Protective Services (DFPS) fulfills requests for
				  client records in the following priority order, from highest to lowest priority
				  ranking:
(1) Records provided in response to
				  a subpoena or court order that has been properly served on DFPS;
(2) Records provided in response to discovery
				  in a lawsuit to which DFPS is a party;
(3) Records provided to a prospective
				  adoptive family before an adoption may be consummated;
(4) Records provided to a party or the
				  administrative law judge in an Employee Misconduct Registry administrative
				  hearing;
(5) Records provided to a
				  party or the administrative law judge in a hearing conducted by the State
				  Office of Administrative Hearings;
(6) Records provided to a duly authorized
				  person documenting the results of a school investigation as required by §
											261.406,
				  Texas Family Code;
(7) Records
				  provided to a party in an administrative review of investigative findings that
				  is conducted by DFPS;
(8) Records
				  provided to an adult who was previously in the conservatorship of DFPS if the
				  request is for a copy of such adult's own "case record" as defined by §
											264.0145,
				  Texas Family Code; and
(9) Records
				  provided to all other requestors entitled to receive the requested records,
				  which are fulfilled in the order they are received.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.213 - How can a member of the public obtain information or copies of administrative records that are not on the Department of Family and Protective Services web site?

Current through Reg. 49, No. 28; July 12, 2024
Requests for copies of administrative records as defined in
					 §702.201(a) in this subchapter (relating to What types of records are
					 maintained by the Department of Family and Protective Services?) must be
					 submitted following the instructions on the DFPS public website, Open Records
					 Policy. A written request may also be hand delivered to the DFPS headquarters
					 office or mailed to the mailing address found on the DFPS public
					 website.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.221 - Is there a charge for copies of the Department of Family and Protective Services records?

Current through Reg. 49, No. 28; July 12, 2024
Yes. The Department of Family and Protective Services
					 (DFPS) charges a fee to cover the costs of providing copies of its records.
					 Fees are calculated according to rules adopted by the Office of the Attorney
					 General. We may, at our discretion, waive charges if we determine that waiver
					 is in the public interest or if we determine that the cost of collecting a fee
					 exceeds the cost of providing the records.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter B - AGENCY RECORDS AND INFORMATION › Section 702.223 - Which DFPS employee or Single Source Continuum Contractor (SSCC) employee can have access to the identity of an individual reporting child abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a) A DFPS
				  employee and a Single Source Continuum Contractor (SSCC) employee, is only
				  allowed access to the identity of the person making a report of alleged or
				  suspected child abuse or neglect under the following circumstances:
(1) the employee is directly involved with an
				  investigation, case, or other process involving the child who is the subject of
				  the report or the child's parent or the person who has legal custody of the
				  child;
(2) the employee supervises,
				  directly or indirectly an employee described in subsection (a)(1) of this
				  section; or
(3) the employee has a
				  legitimate professional interest in an investigation, case, or other process
				  involving the child who is the subject of the report or the child's parent or
				  other person who has legal custody of the child that requires access to the
				  reporter's identity.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter C - CHILD ABUSE AND NEGLECT CENTRAL REGISTRY › Section 702.251 - What is the Central Registry?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Child Abuse and Neglect Central Registry is a registry maintained by the
				  Department of Family and Protective Services (DFPS), as required by Texas
				  Family Code, §
										261.002, of
				  substantiated cases of child abuse or neglect. The Central Registry is
				  maintained as a subset of information in the DFPS electronic case management
				  system entitled Information Management Protecting Adults and Children in Texas
				  (IMPACT).
(b) The Central Registry
				  contains only the names of persons designated or sustained as perpetrators of
				  child abuse or neglect by:
(1) the Child
				  Protective Investigations division of DFPS, including Investigations, Special
				  Investigations, and Child Care Investigations; and
(2) the Provider Investigation Program of the
				  Health and Human Services Commission's Regulatory Services
				  Department.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter C - CHILD ABUSE AND NEGLECT CENTRAL REGISTRY › Section 702.255 - How long is investigation information relating to a substantiated child abuse or neglect case retained in the Central Registry?

Current through Reg. 49, No. 28; July 12, 2024
Investigations that result in a "reason to believe" or
					 "confirmed" finding are maintained in the Central Registry in accordance with
					 the official Records Retention Schedule of the agency that conducted the
					 investigation. When the case containing the investigation record is no longer
					 retained, the central registry information is also deleted.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter C - CHILD ABUSE AND NEGLECT CENTRAL REGISTRY › Section 702.257 - Is the information in the Central Registry available to the general public?

Current through Reg. 49, No. 28; July 12, 2024
No. The information stored in the Central Registry is
					 confidential and may be released by the Department of Family and Protective
					 Services (DFPS) only as provided by federal and state law, including DFPS
					 rules.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.301 - What definitions apply to this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
As used in this subchapter, the following words have the
					 following meanings:
(1) Agency foster
				  home--A residential child-care facility as that term is defined in Chapter 42,
				  Human Resources Code, that is verified by a licensed or certified child-placing
				  agency to provide care for no more than six children for 24 hours per day in
				  the home of the verified foster parent(s).
(2) Agency foster group home--A residential
				  child-care facility as that term is defined in Chapter 42, Human Resources
				  Code, that is verified by a licensed or certified child-placing agency to
				  provide care for no more than 12 children for 24 hours per day in the home of
				  the verified foster parent(s).
(3)
				  Department--Department of Family and Protective Services.
(4) General residential operation--A
				  residential child-care facility as that term is defined in Chapter 42, Human
				  Resources Code, that is licensed by the department to provide care for more
				  than 12 children for 24 hours a day, including facilities known as children's
				  homes, halfway houses, residential treatment centers, emergency shelters, and
				  therapeutic camps.
(5) Independent
				  foster home--A residential child-care facility as that term is defined in
				  Chapter 42, Human Resources Code, that is licensed by the department to provide
				  care for no more than six children for 24 hours per day in the home of the
				  foster parent(s).
(6) Independent
				  foster group home--A residential child-care facility as that term is defined in
				  Chapter 42, Human Resources Code, that is licensed by the department to provide
				  care for no more than 12 children for 24 hours per day in the home of the
				  foster parent(s).
(7) Individual
				  who works under the auspices--A person described in §
										745.8553
				  of this title (relating to Who works "under the auspices of an
				  operation"?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.303 - Is the department authorized to release any information to the general public in the event of a child fatality that may be the result of abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
In accordance with state and federal law permitting the
					 release of certain information and findings relating to a child fatality that
					 is investigated in connection with alleged abuse or neglect of a child by the
					 child's caregiver or a member of the child's household, the department may
					 release certain information in the event of a child fatality, as provided under
					 this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.305 - What types of abuse or neglect investigations are covered by this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies only to:
(1) an investigation of abuse or neglect
				  relating to a child fatality, other than a school investigation, that is
				  conducted by the department's Child Protective Services division; and
(2) an investigation of abuse or neglect
				  relating to a child fatality that is conducted by the department's Child Care
				  Licensing division in which the child-care provider that is investigated for
				  possible abuse or neglect is one of the following types of residential care
				  providers regulated under Chapter 42, Human Resources Code:
(A) an agency foster home or agency foster
				  group home;
(B) an independent
				  foster home or independent foster group home; or
(C) a general residential
				  operation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.307 - What information may the department release to the general public for the investigations covered by this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may release information
				  regarding a child fatality only in response to a request for information
				  relating to the child fatality.
(b)
				  The department will release the following information no later than five days
				  following the death of the child or the receipt of the request for information
				  regarding the death of the child, whichever occurs later:
(1) the age and gender of the deceased
				  child;
(2) the date of the child's
				  death;
(3) whether the deceased
				  child was in the conservatorship of the department at the time of the child's
				  death; and
(4) whether, at the time
				  of death, the child was living with:
(A) the
				  child's parent, managing conservator, a legal guardian, or other person
				  entitled to possession of the child; or
(B) an agency foster home, agency foster
				  group home, independent foster home, independent foster group home, or general
				  residential operation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.309 - What types of information may the department release following completion of an abuse or neglect investigation conducted by Child Protective Services that involves a child fatality?

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  completion of a child fatality investigation by Child Protective Services in
				  which one or more allegations of abuse or neglect are confirmed, the department
				  may release a summary report of all investigations in which the deceased child
				  was an alleged victim or a child living in the same home as another alleged
				  victim.
(b) The summary released
				  under subsection (a) of this section shall include:
(1) the date on which each investigation
				  began, a brief description of the nature of the alleged abuse or neglect
				  investigated, and the disposition of those investigations;
(2) a brief description of the services, if
				  any, which were provided by the department to the child or the child's family
				  as a result of the investigation, including whether or not the deceased child
				  or another child in the home was removed from the home as a result of the
				  investigation; and
(3) if the
				  department identified any risk factors relating to the deceased child at the
				  completion of any investigation, a listing of the risk factors identified by
				  the department and the actions, if any, that were taken to mitigate those
				  risks.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.311 - What types of information may the department release following completion of an abuse or neglect investigation conducted by Child Care Licensing that involves a child fatality?

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  completion of a child fatality investigation by Child Care Licensing in which
				  one or more allegations of abuse or neglect are confirmed against an individual
				  who works under the auspices of an agency foster home or agency foster group
				  home, the department may release a summary report containing the following
				  information:
(1) the name of the
				  child-placing agency that most recently verified the home and the date of
				  verification;
(2) if previously
				  verified by the same or another child-placing agency:
(A) the name of each prior child-placing
				  agency that verified the home;
(B)
				  the dates on which any prior verification began and ended; and
(C) the reason for any prior closure of the
				  home if the information is documented in the department's records;
(3) for each allegation of abuse
				  or neglect investigated against an individual in the same home in the five-year
				  period ending with the child fatality:
(A)
				  the date on which the investigation was initiated;
(B) the type of alleged abuse or
				  neglect;
(C) the disposition of the
				  investigation;
(D) whether an
				  appeal of the disposition is pending; and
(E) whether the deceased child was an alleged
				  victim of any of the prior allegations of abuse or neglect;
(4) any violations of minimum
				  standards at the same home in the five-year period ending with the child
				  fatality;
(5) a description of the
				  types of training required to be completed by the foster parent, employees, or
				  other persons providing care or supervision of a child in the same home and a
				  summary explanation of any training standards violated in the five-year period
				  ending with the child fatality to the extent documented in the department's
				  records; and
(6) a summary of any
				  remedial actions taken by Child Care Licensing against the home or the
				  child-placing agency that verified the home in the five-year period ending with
				  the child fatality.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.313 - What kinds of information must be redacted from any records released to the general public under this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior to releasing any information to the general public in connection with a
				  child fatality, the department shall redact from those records:
(1) the names of any individual other than
				  the deceased child or the alleged perpetrator; and
(2) any other information, the release of
				  which would:
(A) identify a reporter of abuse
				  or neglect;
(B) interfere with an
				  ongoing criminal investigation or prosecution;
(C) endanger the life or safety of any
				  individual; or
(D) violate other
				  state or federal law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.315 - How soon following the completion of an investigation involving a child fatality in which abuse or neglect has been confirmed will the department provide the information required by this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) When possible, the department will
				  provide the records that are required to be provided under this subchapter
				  within 10 days of the date the investigation is completed or the records are
				  requested, whichever occurs later. If the department is unable to meet the
				  10-day deadline, the department will provide the records as soon as possible
				  thereafter and will advise the requestor of the date on which the department
				  anticipates having all the records available to release.
(b) Nothing in this subchapter will prevent
				  the department from providing information prior to the completion of an
				  investigation to the extent the information is available and its release is
				  authorized under state or federal law or these rules.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter D - RELEASE OF RECORDS RELATING TO A CHILD FATALITY › Section 702.317 - Does the department have other rules providing for the release of information relating to a child abuse or neglect investigation or child-care licensing regulatory activities that are not covered by this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
Yes. For more information on what the department may
					 release to specific persons, categories of persons, or to the general
					 public:
(1) for investigations
				  conducted by the Child Protective Services division, refer to Subchapter B,
				  Confidentiality and Release of Records, in Chapter 700 of this title (relating
				  to Child Protective Services); and
(2) for Child Care Licensing regulatory
				  activities, including investigations of abuse or neglect conducted by the Child
				  Care Licensing division, refer to Division 3, Confidentiality, in Subchapter K,
				  Inspections and Investigations, of Chapter 745 of this title (relating to
				  Licensing).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter E - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 702.405 - Coordinated Services for Children and Youths

Current through Reg. 49, No. 28; July 12, 2024
(a) Overview.
(1) Pursuant to the Texas Human Resources
				  Code, § 41.0011, this memorandum of understanding has been developed by
				  the Texas Department of Protective and Regulatory Services (TDPRS), Texas
				  Commission for the Blind (TCB), Texas Department of Health (TDH), Texas
				  Department of Human Services (TDHS), Texas Department of Mental Health and
				  Mental Retardation (TXMHMR), Texas Education Agency (TEA), Texas Interagency
				  Council on Early Childhood Intervention (ECI), Texas Juvenile Probation
				  Commission (TJPC), Texas Rehabilitation Commission (TRC), and Texas Youth
				  Commission (TYC), hereinafter referred to as "the agencies," in consultation
				  with advocacy and consumer groups.
(2) The memorandum, as adopted by rule by
				  each agency, provides for the implementation of a system of community resource
				  coordination groups, hereinafter referred to as coordination groups, to
				  coordinate services for children and youths who need services from more than
				  one agency, hereinafter referred to as "children and youths with multi-agency
				  needs" or, more briefly, as "children and youths."
(3) All coordination groups established
				  pursuant to this memorandum must conform to the Model of Community Resource
				  Coordination Groups (CRCG model) approved by the Commission on Children, Youth,
				  and Family Services on April 27, 1990. This model is adopted by reference and
				  may be obtained from:
(A) TDPRS, 701 West
				  51st St., Austin, Texas 78751;
(B)
				  TCB, 4800 North Lamar Boulevard, Austin, Texas 78756;
(C) TDH, 1100 West 49th Street, Austin, Texas
				  78756
(D) TDHS, 701 West 51st St.,
				  Austin, Texas 78751;
(E) TXMHMR,
				  909 West 45th St., Austin, Texas 78756;
(F) TEA, 1701 North Congress, Austin, Texas
				  78701;
(G) ECI, 1100 West 49th St.,
				  Austin, Texas 78756;
(H) TJPC, 2015
				  South I.H.35, Austin, Texas 78741;
(I) TRC, 4900 North Lamar Blvd., Austin,
				  Texas 78751; or
(J) TYC, 4900 North
				  Lamar Blvd., Austin, Texas 78751.
(4) As specified in subsection (c)(5) of this
				  section, this memorandum also requires the agencies, the coordination groups,
				  and the Texas Health and Human Services Commission, hereinafter referred to as
				  "the commission," to work together to ensure that the commission's strategic
				  plan for delivering health and human services in Texas includes appropriate
				  plans for delivering coordinated services to children and youths.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter E - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 702.409 - Memorandum of Understanding Regarding Service Delivery to Dysfunctional Families

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Protective and Regulatory Services, the Texas Youth Commission,
				  and the Texas Juvenile Probation Commission, hereinafter referred to as "the
				  agencies," agree to this memorandum of understanding (MOU) in compliance with
				  Texas Human Resources Code § 53.001.
(b) By July 15 of every odd-numbered year, or
				  within 30 days after the Governor of Texas signs a general appropriations act,
				  whichever is later, each of the agencies will determine which portion, if any,
				  of its funding to designate for serving its clients through the joint
				  contract(s) specified in subsection (c) of this section. None of the agencies
				  is obligated to enter into the joint contracts specified in subsection (c) of
				  this section unless all of the agencies elect to do so.
(c) Beginning on September 1, 1990, and by
				  September 1 every year thereafter in which the agencies decide to enter into
				  the joint contracts specified in this subsection, the agencies will award one
				  or more joint contracts for nonresidential community services to help
				  dysfunctional families in each agency's client population. At a minimum, each
				  contract must include the following services:
(1) training in parenting skills;
(2) training in coping skills for youth,
				  including communication, problem-solving, decision-making, and
				  conflict-management skills;
(3)
				  support groups for children of substance-abusing and dysfunctional families,
				  and support groups for the children's parents; and
(4) individual counseling for a limited
				  number of clients referred from the support groups specified in paragraph (3)
				  of this subsection during family crises.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter E - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 702.417 - Memorandum of Understanding (MOU) Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services
					 adopts by reference 19 TAC §
										89.1115,
					 which contains the Memorandum of Understanding Concerning Interagency
					 Coordination of Special Education Services to Students with Disabilities in
					 Residential Facilities, as authorized by the Texas Education Code, 29.012. The
					 MOU addresses respective roles and responsibilities of participating agencies
					 in the sharing of information about, and coordination of services to, students
					 with disabilities receiving special education services that live in residential
					 facilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 702 - GENERAL ADMINISTRATION › Subchapter E - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 702.421 - Relocation Pilot Program

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services
					 (PRS), the Texas Department of Human Services (DHS) and the Texas Department of
					 Mental Health and Mental Retardation (MHMR) are required to enter into a
					 Memorandum of Understanding (MOU) regarding the implementation of a pilot
					 program for community-based alternatives for persons with disabilities, as
					 provided under Human Resources Code (HRC), §22.037 and §22.038. PRS
					 adopts by reference the DHS rule at 40 TAC § 72.104(relating to Relocation
					 Pilot Program), which contains the terms of the MOU for the pilot program. The
					 MOU provides for interagency coordination and addresses the responsibilities of
					 each agency in implementing the components of the pilot
					 program.