reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - EPILEPSY SERVICES › Section 355.1 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this chapter is
				to establish rules for the Epilepsy Program. The jurisdiction for these rules
				is granted in the Texas Health and Safety Code, Chapter 40.
(b) Definitions. The following words and
				terms when used in this chapter shall have the following meanings unless the
				context clearly indicates otherwise.
(1)
				Action--A denial, termination, suspension or reduction of the Epilepsy Program
				benefits or eligibility.
(2)
				Applicant--An individual whose application for Epilepsy Program benefits has
				been submitted to a contracted provider and has not received a final
				determination of eligibility. This definition includes an individual whose
				application is submitted by a representative or person with legal authority to
				act for the individual.
(3)
				Contracted Provider--Any individual or entity with department approval to
				furnish covered services to Epilepsy Program recipients.
(4) Department--The Department of State
				Health Services.
(5) Epilepsy--A
				chronic neurological condition characterized by abnormal electrical discharges
				in the brain manifested by two or more seizures. It is characterized by sudden,
				brief attacks of altered consciousness, motor activity, or sensory phenomena.
				Convulsive seizures are the most common form of attacks, but any recurrent
				seizure pattern is considered epilepsy.
(6) Recipient--An individual who is eligible
				to receive Epilepsy Program benefits.
(7) Request for Proposal (RFP)--A document
				intended to solicit proposals from interested parties that details
				qualifications and plans for provision of a specific service or range of
				services. Services may be targeted to a selected geographic area and/or special
				population group, or statewide coverage.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - EPILEPSY SERVICES › Section 355.3 - Recipient Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				shall meet all of the following requirements to be eligible for Epilepsy
				Services benefits:
(1) have a diagnosis of
				epilepsy certified by a licensed physician, or be suspected of having
				epilepsy;
(2) if younger than 21
				years of age, be determined not eligible for benefits from the Children With
				Special Health Care Needs Program (CSHCN) or be currently on the CSHCN waiting
				list for services;
(3) be a
				resident of Texas as determined in § 355.5 of this title (relating to
				Residency and Residency Documentation Requirements); and not be:
(A) incarcerated in city, county, state, or
				federal jail, or prison;
(B) a ward
				of the state; or
(C) a
				Medicaid-eligible nursing home recipient.
(4) submit an application for benefits
				through a contracted provider; and
(5) meet, or the person(s) who has a legal
				obligation to support the applicant meet, the financial guidelines as outlined
				in § 355.9 of this title (relating to Financial Criteria);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - EPILEPSY SERVICES › Section 355.5 - Residency and Residency Documentation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for the Epilepsy Program
				shall meet, and a recipient shall continue to satisfy, the following residency
				requirements:
(1) the individual shall be
				physically present within the geographic boundaries of the state;
(2) the individual intends to remain within
				the state, whether permanently or for an indefinite period; and
(3) the individual does not claim residency
				in any other state or country.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - EPILEPSY SERVICES › Section 355.7 - Application and Eligibility Date

Current through Reg. 49, No. 28; July 12, 2024
Persons meeting the eligibility requirements set forth in
				  §355.3(a)(1), (2), (3) and (5) of this title (relating to Recipient
				  Requirements) must make an application for benefits through an approved
				  Epilepsy Program contracted provider.
(1) Complete application. A complete
				application is required before any eligibility determination will be made. A
				complete application shall consist of all of the following:
(A) a complete Application for Benefits, with
				the applicant's, or the applicant's representative's original signature or
				"mark;"
(B) a diagnosis of epilepsy
				certified by a licensed physician, or a statement that the applicant is
				suspected of having epilepsy;
(C)
				documentation of Texas residency as required by § 355.5 of this title
				(relating to Residency and Residency Documentation Requirements);
(D) applicant financial data. Acceptable data
				to establish the applicant's financial qualifications shall be submitted with
				the application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - EPILEPSY SERVICES › Section 355.9 - Financial Criteria

Current through Reg. 49, No. 28; July 12, 2024
Financial need is established annually. The applicant or the
				  person(s) who have a legal obligation to support the applicant must pursue and
				  accept all income to which the applicant or the person(s) who have a legal
				  obligation to support the applicant are legally entitled. Income is not
				  considered to be available during a reasonable time allowed to pursue the
				  income.
(1) The income used to
				determine eligibility is the combined gross income (or the adjusted gross
				income if self-employed) of the applicant and of all persons who have a legal
				obligation to support the applicant.
(2) Income includes earned wages, pensions or
				allotments, alimony, or any monies received on a regular basis for support
				purposes. Supplemental Security Income (SSI) for the disabled applicant is not
				included as income. Verification of income will be required as set out in
				§ 355.7(3) of this title (relating to Applications and Eligibility
				Date).
(3) The income level for
				eligibility is established at 200% of the Federal Poverty Level Guidelines,
				currently published by the United States Department of Health and Human
				Services and adopted by the department.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - EPILEPSY SERVICES › Section 355.11 - Limitations and Benefits Provided

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Benefits provided by the Epilepsy Program are outlined in the contract with
				each provider and may include the following:
(1) diagnosis and treatment of
				epilepsy;
(2) management of
				continuity of care;
(3) integration
				of the personal, social, and vocational support services into the treatment
				plan; and
(4) epilepsy
				education.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - EPILEPSY SERVICES › Section 355.13 - Notice of Intent to Take Action and Fair Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) An Epilepsy Program applicant or
				recipient is entitled to a notice anytime a contracted Epilepsy Program
				provider intends to take action under this section.
(b) The contracted Epilepsy Program provider
				shall provide a written notice of intent to take action under this section to
				the applicant or recipient not less than 20 days prior to the effective date of
				the action.
(c) The notice of
				intent to take action shall contain the following information:
(1) a statement of the action the contracted
				Epilepsy Program provider intends to take;
(2) an explanation of the reasons for the
				action that the contracted Epilepsy Program provider intends to take;
				and
(3) an explanation of the
				applicant's or recipient's right to request a fair hearing regarding the
				action.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter A - DEFINITIONS › Section 356.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter, have the
													 following meanings unless the context clearly indicates otherwise.
(1) Civil justice system--A network of courts and legal processes that
											  enforce, restore, or protect private and personal rights.
(2)
											  Community education--The efforts or activities performed to increase public awareness about family violence
											  and the availability of services for victims of family violence.
(3) Cooperation with criminal justice officials--Making efforts on behalf
											  of victims of family violence to:
(A) establish ongoing working
											  relationships with the local criminal justice system, including but not limited to law enforcement,
											  prosecutors, the courts, and probation and parole departments; and
(B) educate the local criminal justice system about family violence and the
											  need for policies that ensure safety for victims of family violence and hold batterers accountable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 1 - BOARD OF DIRECTORS › Section 356.101 - Fiscal Oversight and Accountability

Current through Reg. 49, No. 28; July 12, 2024
The board of directors of a shelter center must:
(1) Ensure that the center operates in a manner that keeps the
													 organization's mission and purpose focused without becoming involved in day-to-day operations;
(2) Hire the center's executive director;
(3) As a whole, or as delegated to the center's finance committee,
													 regularly review actual revenue and expenditures and compare them to budgeted revenue and estimated
													 costs;
(4) Review and approve programs and budgets;
(5) Maintain and comply with current organizational bylaws; and
(6) Review and approve policies for the organization's operation in
													 accordance with the bylaws.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 1 - BOARD OF DIRECTORS › Section 356.102 - Shelter Center's Board Handbook

Current through Reg. 49, No. 28; July 12, 2024
(a) The board members must be given a handbook that contains, at a minimum,
													 the following:
(1) Board member job description;
(2) Current list of board members with current contact
													 information;
(3) Organization's mission statement;
(4) Organization's bylaws and a copy of the letter granting 501(c)(3)
													 status;
(5) List of all committees, including appointed board
													 members and assigned staff;
(6) Committee descriptions;
(7) The organization policies;
(8) Organizational chart;
(9)
													 History of the organization;
(10) List of program services and a
													 brief description of each program;
(11) Current budget, including
													 funding sources and subcontractors;
(12) Brief description of
													 contract provisions with attorneys, auditors, or other professionals;
(13) Basic information about family violence; and
(14) Brief history of the Texas Battered Women's Movement.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 1 - BOARD OF DIRECTORS › Section 356.103 - Board of Directors Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Every two years, each board member must receive the following:
(1) An explanation of the center's mission, philosophy, and a brief
													 history;
(2) An explanation of the dynamics of family violence
													 that includes its causes and effects;
(3) A description of the
													 organization's current programs, provided by program staff;
(4) A
													 review of the organization's policies and clarification of any changes made during the year;
(5) An explanation of how the center is funded and future funding
													 projections;
(6) A discussion, presented by the board chair or a
													 member of the executive committee, of the following:
(A) The board's role
													 and responsibilities related to legal and fiscal accountability;
(B) Meetings and attendance requirements;
(C) Committee duties, structure, and assignments; and
(D) Fund-raising and public relations responsibilities;
(7) An explanation of the organization's insurance coverage,
													 including director's and officers' liability insurance or notification of inability to obtain
													 insurance;
(8) An explanation of the working relationship between
													 the board and staff, including, but not limited to which staff member is contacted regarding questions or
													 requests and which staff members contact board members routinely;
(9) An update on any changes made in the Business Organizations Code,
													 Chapter 22; and
(10) The organization's confidentiality policy
													 and the importance of confidentiality.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 1 - BOARD OF DIRECTORS › Section 356.104 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
Each board member must:
(1) Know and comply with the Health and Human Services Commission's rules
													 and the center's policies related to confidentiality; and
(2)
													 Provide written assurance to the center that she or he will not use the position to obtain or access
													 confidential resident or nonresident information.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 2 - CONTRACT STANDARDS › Section 356.201 - Special Nonresidential Project Contract

Current through Reg. 49, No. 28; July 12, 2024
A center may apply for a special nonresidential project
															contract; however, the proposed services cannot be the same as those required by the shelter center
															contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 2 - CONTRACT STANDARDS › Section 356.202 - Satellite Shelter Funding

Current through Reg. 49, No. 28; July 12, 2024
In order to qualify for satellite shelter funding, the center
															must:
(1) Be a current Health and Human Services Commission (HHSC)
													 contractor in good standing;
(2) Develop, maintain, and comply
													 with written policies and procedures that describe the relationship between the center and the satellite
													 shelter; and
(3) Ensure the satellite shelter meets all satellite
													 shelter requirements in §
											RSA 379.203 of this chapter
													 (relating to Satellite Shelter Requirements).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 2 - CONTRACT STANDARDS › Section 356.203 - Satellite Shelter Requirements

Current through Reg. 49, No. 28; July 12, 2024
A satellite shelter must:
(1) Have a freestanding shelter building in which residents are
													 sheltered;
(2) Serve nonresidents from the satellite service
													 area;
(3) Either:
(A) Be in an
													 area that prohibits resident and nonresident access to existing shelter center services because of difficulty
													 or distance; or
(B) Provide services to an unserved or
													 underserved population as demonstrated by its Family Violence Services Plan's consistency with Human
													 Resources Code, §
												RSA 51.0021;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 2 - CONTRACT STANDARDS › Section 356.204 - Internal Monitoring System

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with a written
															internal monitoring system to evaluate:
(1) The quality of the
													 center's required resident and nonresident services;
(2) The
													 accuracy of the fiscal and programmatic documentation; and
(3)
													 Compliance with the policies and procedures specified in the center's contract with the Health and Human
													 Services Commission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 2 - CONTRACT STANDARDS › Section 356.205 - Funding Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) The Health and Human Services Commission (HHSC) may waive the maximum
													 prescribed funding percentage, as described in Human Resources Code §
											RSA 51.003(a), when at least one of
													 the following occurs:
(1) The center's income for the contract year
													 decreased relative to the actual income received during the previous contract year. Decreases in funding
													 caused by a center's noncompliance, negligence, or deficiencies will not be considered when making this
													 calculation.
(2) The center's HHSC award for center services
													 increases.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 2 - CONTRACT STANDARDS › Section 356.206 - Requesting a Variance or Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) To request a waiver from the maximum prescribed funding percentage, a
													 center's board must submit:
(1) a completed Family Violence Program Waiver
													 Request Form prescribed by the Health and Human Services Commission (HHSC);
(2) supporting documentation demonstrating the center's efforts to raise
													 funds compared to its budget; and
(3) a written agreement to
													 receive technical assistance as designated by HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 2 - CONTRACT STANDARDS › Section 356.207 - More than One Funding Percentage Waiver

Current through Reg. 49, No. 28; July 12, 2024
A center may not receive more than two funding waivers in
															consecutive contract terms.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 3 - FISCAL MANAGEMENT › Section 356.301 - Accounting System Requirements

Current through Reg. 49, No. 28; July 12, 2024
A center must maintain an accounting system and records
															that:
(1) records revenue and expenditures using generally accepted
													 accounting principles;
(2) includes a chart of accounts that
													 lists all accounts by an assigned number;
(3) contains a general
													 ledger and subsidiary ledgers;
(4) maintains supporting
													 documentation for all revenue and expenditures, including but not limited to:
(A) receipts or vouchers for revenue;
(B) bank statements reconciled to the general ledger bank
													 accounts;
(C) canceled checks;
(D) deposit slips;
(E) approved
													 invoices;
(F) receipts;
(G) leases;
(H)
													 contracts;
(I) time sheets;
(J) inventory; and
(K) cost
													 allocation worksheets;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 3 - FISCAL MANAGEMENT › Section 356.302 - Cash/Non-Cash Documentation

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															internal policies and procedures to accurately document the non-Health and Human Services Commission (HHSC)
															cash/non-cash resources required by HHSC under Human Resources Code, §
											RSA 51.003.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.401 - Personnel Policies

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															personnel policies, approved by the Board of Directors, and procedures for its personnel handbook that
															standardize the everyday actions and conduct of all employees. All employees must have ongoing access to the
															personnel handbook and must be notified of new or changed personnel policies. The handbook must address at a
															minimum the following:
(1) Contract labor;
(2) Conflict of interest;
(3)
													 Domestic violence in the workplace;
(4) Nepotism;
(5) Hiring process that is uniform for all candidates for a particular
													 position and includes:
(A) Job posting;
(B) Job descriptions with essential job functions;
(C) Interviewing systems; and
(D) Reference checking and responding to reference checking;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.402 - Personnel Files

Current through Reg. 49, No. 28; July 12, 2024
A center must maintain a personnel file for each employee.
															Each file must include at least the following information:
(1)
													 Employment application or resume;
(2) Job descriptions;
(3) Signed acknowledgment of confidentiality agreement;
(4) Signed acknowledgment of receipt of personnel policies and procedures
													 handbook;
(5) Performance evaluations for every year of
													 employment in accordance with the center's personnel policies;
(6) Documentation of orientation, initial training, and employee
													 development;
(7) Any status or classification change;
(8) All disciplinary actions, if any; and
(9) Letters of praise or criticism, if any.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.403 - Drug and Alcohol Policy

Current through Reg. 49, No. 28; July 12, 2024
If under the jurisdiction of the Drug-Free Workplace Act, a
															center must develop, maintain, and comply with a written drug and alcohol policy that includes at least the
															following:
(1) Prohibition of illegal use or illegal possession of
													 alcohol or drugs while on duty;
(2) A belief in a treatment and
													 recovery approach;
(3) A stated concern for employees and their
													 recovery efforts;
(4) Information on available programs and
													 systems for assistance; and
(5) A statement of
													 confidentiality.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.404 - New Employee Orientation and Training

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must provide an oral orientation about the organization for
													 all new employees within the first two days of employment.
(b)
													 Within two weeks after the first day of employment, all new employees must receive basic oral or written
													 information regarding:
(1) Dynamics of family violence;
(2) A brief history of the Texas Battered Women's Movement;
(3) A brief summary of current Texas laws that address family violence
													 issues; and
(4) Federal, state, and program requirements
													 regarding confidentiality.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.405 - Staff Development

Current through Reg. 49, No. 28; July 12, 2024
(a) Direct service employees and their direct supervisors must receive
													 relevant training or staff development on topics related to their job descriptions as family violence center
													 employees.
(b) Direct service supervisors should receive training
													 that is relevant to the job descriptions of the people they supervise.
(c) Training may be provided electronically.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.406 - Children's Advocate

Current through Reg. 49, No. 28; July 12, 2024
A center must designate at least one staff person, either paid
															or volunteer, to act as a children's advocate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.407 - Legal Advocate

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 designate at least one staff person, either paid or volunteer, to act as a legal advocate; and
(2) provide the legal advocate with access to relevant trainings to ensure
													 that appropriate employees, volunteers, and interns have a working knowledge of current Texas laws pertaining
													 to family violence, as well as the local justice system's response to family violence in each county where
													 services are provided.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 4 - PERSONNEL › Section 356.408 - Volunteer Coordinator

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this §379.408 adopted to be effective
															September 1, 2013, 38 TexReg 4309.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.501 - Facility Requirements for the 24-Hour-a-Day Shelter Center

Current through Reg. 49, No. 28; July 12, 2024
A center facility must have:
(1) a kitchen and eating area;
(2) a group living area;
(3)
													 bathroom facilities, including toilets, lavatories, and bathing facilities;
(4) sleeping facilities;
(5) a
													 private meeting area for individual and group services;
(6)
													 adequate safe space for children;
(7) a safe indoor play space
													 equipped with toys in good repair and arts and craft supplies;
(8) a safe outdoor play area equipped with toys in good repair;
(9) basic furnishings that are clean and in good repair, including:
(A) beds and bed linens;
(B)
													 cribs;
(C) dining room tables;
(D) chairs;
(E) highchairs;
													 and
(F) a place to store clothes, such as drawers or
													 closets;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.502 - Preparing, Providing, and Serving Food to Residents

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 ensure food preparation, including storage of food, serving of food, and dining areas, is adequate and
													 safe;
(2) develop, maintain, and comply with written policies and
													 procedures to ensure residents are provided with at least three well-balanced meals or ingredients for
													 well-balanced meals and an additional two snacks a day for children;
(3) develop, maintain, and comply with written policies and procedures that
													 provide for alternative access to food and food preparation when the center's kitchen is closed;
(4) develop, maintain, and comply with written policies and procedures that
													 provide for alternative access to essential food and food preparation when the center's kitchen is
													 inoperable;
(5) make reasonable, Americans with Disabilities
													 Act-compliant dietary accommodations for residents who require special medical diets, including those with
													 food allergies;
(6) not require residents to use Supplemental
													 Nutrition Assistance Program (SNAP) food benefits (formerly known as food stamps) to purchase shelter
													 meals;
(7) when providing meals or food items, consider the
													 diverse needs of the population of the center's service area; and
(8) make reasonable accommodations for the center and residents regarding
													 personal food items.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.503 - Security System

Current through Reg. 49, No. 28; July 12, 2024
Centers and satellite shelters must have security systems that
															are operational 24 hours a day. The security system may include, but is not limited to, an alarm system,
															special lighting, dead bolts, and agreements with local law enforcement.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.504 - Security Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
Centers and satellite shelters must develop, maintain, and
															comply with written policies and procedures to promote the safety and security of residents, nonresidents,
															employees, and volunteers. These policies and procedures must address:
(1) intruders on the property, such as a batterer;
(2) assaults;
(3) bomb
													 threats;
(4) threatening telephone calls;
(5) power outages;
(6)
													 evacuations;
(7) natural disasters (e.g., hurricanes, tornadoes,
													 floods, fires); and
(8) technology safety and data
													 security.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.505 - Shelter Center and Satellite Shelter Staffing

Current through Reg. 49, No. 28; July 12, 2024
Centers and satellite shelters must have at least one employee
															or volunteer on-site continuously when residents are staying in the shelter, except if using safe
															homes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.506 - Providing Hygiene Items to Residents

Current through Reg. 49, No. 28; July 12, 2024
The center must provide residents with daily access to basic
															personal hygiene items. When providing personal hygiene items, the center must consider the diverse needs of
															the population of the shelter service area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.507 - Types of Facilities Allowed by the Commission for a 24-Hour-a-Day Shelter

Current through Reg. 49, No. 28; July 12, 2024
A 24-hour-a-day shelter can be located in the following types
															of facilities:
(1) a facility that exclusively serves victims of
													 family violence;
(2) a series of safe homes; or
(3) a designated section of another kind of emergency shelter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.508 - Exceptions to Allowable Types of Facilities for a 24-Hour-a-Day Shelter

Current through Reg. 49, No. 28; July 12, 2024
(a) A center may request an exception to the
													 allowable types of facilities for a 24-hour-a-day shelter by submitting a written waiver request that
													 addresses the factors of safety and service delivery to the Health and Human Services Commission (HHSC), in
													 accordance with §
											RSA 379.206 of this chapter
													 (relating to Requesting a Variance or Waiver).
(b) A waiver will
													 be granted if HHSC approves the request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.509 - Additional Requirements if a Shelter Center Uses a Series of Safe Homes

Current through Reg. 49, No. 28; July 12, 2024
If the center uses a series of safe homes for shelter, it
															must:
(1) have a written policy that addresses in-depth screening of
													 each home, including the suitability of the house and host family or individual; and
(2) meet the same standards as a regular 24-hour-a-day shelter except:
(A) it is not required to have 24-hour employee or volunteer coverage;
													 and
(B) any material the Health and Human Services Commission
													 requires to be posted can instead be placed in a notebook that is clearly labeled and visibly available for
													 residents to read.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 5 - FACILITY, SAFETY, AND HEALTH REQUIREMENTS › Section 356.510 - Using a Motel as a Type of Shelter

Current through Reg. 49, No. 28; July 12, 2024
Motels cannot be used exclusively as a shelter facility for a
															24-hour-a-day shelter but can be used for overflow or used in outlying counties.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.601 - Required Services

Current through Reg. 49, No. 28; July 12, 2024
At a minimum, the center must provide access to the services
															for victims of family violence that are outlined in the Human Resources Code, Chapter 51.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.602 - Charging for Services

Current through Reg. 49, No. 28; July 12, 2024
A center cannot charge or solicit contributions or donations
															in return for Health and Human Services Commission-contracted services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.603 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Victims of family violence as defined in the Human Resources
															Code, Chapter 51, and adults subjected to sexual and/or emotional abuse by their batterers are eligible for
															services at the center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.604 - Federal and State Laws Regarding Eligibility

Current through Reg. 49, No. 28; July 12, 2024
When determining eligibility for services, a center must
															comply with the following applicable state and federal laws and any amendments made to each of these laws.
															Policies and procedures must be written to ensure compliance with:
(1) Human Resources Code, Chapter 51;
(2) Title VI of the Civil Rights Act of 1964 (Public Law 88 -
													 352);
(3) Section 504 of the Rehabilitation Act of 1973 (Public
													 Law 93 - 112);
(4) Americans with Disabilities Act of 1990
													 (Public Law 101 - 336);
(5) Age Discrimination Act of 1975
													 (RSA
													 6101 -
													 RSA
													 6107);
(6) Health and Human
													 Services Commission regulations regarding civil rights;
(7) Texas
													 Health and Safety Code, §
											RSA 85.113, relating
													 to HIV/AIDS; and
(8) the Family Violence Prevention and Services
													 Act (42 U.S.C. Chapter 110).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.605 - Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															resident and nonresident eligibility and screening procedures that are based solely on the individual's
															status as a victim of family violence, without regard to:
(1)
													 income;
(2) whether the individual contributes, donates, or pays
													 for these services;
(3) gender; or
(4) sexual orientation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.606 - Denial of Services

Current through Reg. 49, No. 28; July 12, 2024
A center can deny services to an otherwise eligible victim of
															family violence only if it has written policies that outline specific behaviors that would make a victim
															ineligible. These policies must:
(1) address only behaviors that
													 threaten the safety and security of shelter staff and residents;
(2) apply equally to all people;
(3) comply with the laws and regulations described in §379.604 of this
													 division (relating to Federal and State Laws Regarding Eligibility); and
(4) contain procedures that take into consideration the safety of a
													 victim.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.607 - Eligibility of Previously Involuntarily Terminated Residents or Nonresidents

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															policies and procedures to assess the safety and appropriateness of providing services to a victim whose
															services were previously involuntarily terminated and who is currently requesting services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.608 - Access to Services for People with Limited English Proficiency

Current through Reg. 49, No. 28; July 12, 2024
A center must:
(1)
													 serve people with limited English proficiency and take reasonable steps to ensure meaningful access to the
													 program; and
(2) develop, maintain, and comply with written
													 policies and procedures for the access and delivery of services to people with limited English
													 proficiency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.609 - Services at Capacity

Current through Reg. 49, No. 28; July 12, 2024
A center must develop, maintain, and comply with written
															referral procedures for helping victims of family violence obtain other temporary shelter if the primary
															method of providing shelter is full.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.610 - Emergency Shelter or Care for an Unaccompanied Minor

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this division,
(1) "Emergency shelter or care" means shelter or care provided by a shelter
													 center under Texas Family Code §
												RSA 32.201 and §
												RSA
													 32.202.
(2) "Minor" means a
													 person under 18 years of age who:
(A) is not and has not been married;
													 or
(B) has not had the disabilities of minority removed for
													 general purposes.
(3) "Unaccompanied minor" means a
													 minor who is not accompanied at the shelter center by the minor's parent, managing conservator, or
													 guardian.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.611 - Nonresidential Services for a Person Under 18 Years of Age

Current through Reg. 49, No. 28; July 12, 2024
(a) A shelter center may provide a nonresidential
													 service to a minor if:
(1) the center provides emergency shelter or care to
													 the minor under §
												RSA
													 379.610 of this subchapter (relating to Emergency Shelter or Care for an
													 Unaccompanied Minor);
(2) the minor consents to counseling from a
													 licensed or certified physician, psychologist, counselor, or social worker, under Texas Family Code §
												RSA 32.004, for:
(A) suicide prevention;
(B)
													 chemical addiction or dependency; or
(C) sexual, physical, or
													 emotional abuse;
(3) the center has consent from the
													 minor's parent, managing conservator, or guardian to provide the minor with the nonresidential service;
													 or
(4) the center otherwise complies with Texas Family Code,
													 Chapter 32, if the center does not obtain consent from the minor's parent, managing conservator, or
													 guardian.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.612 - Termination of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must develop, maintain, and comply with written policies and
													 procedures that:
(1) outline behaviors that threaten the safety and
													 security of shelter staff and residents for which services can be terminated;
(2) address how current and former residents and nonresidents can appeal
													 terminations and file grievances with the center;
(3) apply
													 equally to all people; and
(4) comply with the Americans with
													 Disabilities Act, Title VI of the Civil Rights Act, §504 of the Rehabilitation Act, the Age
													 Discrimination Act of 1975, and other applicable laws and regulations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.613 - General Confidentiality Policy

Current through Reg. 49, No. 28; July 12, 2024
A center must have a written general confidentiality policy
															that provides:
(1) that all information will be kept confidential,
													 including all personal information and all communications, observations, and information made by and between
													 or about adult and child residents and nonresidents, employees, volunteers, student interns, and board
													 members;
(2) a statement about the importance of confidentiality
													 in maintaining the safety of:
(A) victims;
(B) victims' families;
(C)
													 volunteers;
(D) employees; and
(E) others related to the program;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.614 - Confidentiality Information for Adult Residents and Nonresidents

Current through Reg. 49, No. 28; July 12, 2024
A center must provide to adult residents and nonresidents, in
															writing, at least the following:
(1) the right to see their
													 records;
(2) the kind of information recorded, why, and the
													 methods of collection;
(3) who within the center has access to
													 the resident's or nonresident's case files and records;
(4) an
													 overview of the center's policy and practices on confidentiality;
(5) current state and federal laws regarding the limits of confidentiality
													 under the law, including mandatory reporting for abuse or suspected abuse of:
(A) children;
(B) the elderly;
													 and
(C) people with disabilities;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 356 - FAMILY VIOLENCE PROGRAM › Subchapter B - SHELTER CENTERS › Division 6 - PROGRAM ADMINISTRATION › Section 356.615 - Confidentiality Agreements

Current through Reg. 49, No. 28; July 12, 2024
A center must have all employees, volunteers, board members,
															student interns, and adult residents and adult nonresidents sign a confidentiality agreement. The agreement
															must have a provision that states that confidentiality must be maintained after an employee, volunteer, board
															member, student intern, resident, or nonresident leaves the center. The signed agreements must be
															placed:
(1) in the personnel files of the employees;
(2) in the corporate records of the board members; and
(3) in the individual files of volunteers, student interns, residents, and
													 nonresidents.