TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 700. CHILD PROTECTIVE SERVICES

The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of Family and Protective Services (DFPS), proposes an amendment to §700.108 and new §§700.110, 700.1335, 700.1337, 700.2365, and 700.2367, in Title 40, Texas Administrative Code (TAC), Chapter 700, relating to Child Protective Services, in Subchapters A relating to Administration, M relating to Substitute Care Services, and W, relating to Service Level System.

BACKGROUND AND PURPOSE

The proposed amendment and new sections are necessary to comply with the 2018-19 General Appropriations Act (Article II, Department of Family and Protective Services, Senate Bill 1, 85th Legislature, Regular Session, 2017).

HHSC Rate Setting will be setting new rates and DFPS needs to develop corresponding rules in order to describe the underlying pilots, services, and rate.

SECTION-BY-SECTION SUMMARY

Proposed amendment §700.108 updates terminology for the initiative formerly referred to as "Foster Care Redesign", which is now "Community-Based Care" as updated and expanded pursuant to Senate Bill 11 in the 85th Regular Session of the Texas Legislature.

Proposed new §700.110 creates a general rule defining and governing DFPS Pilot Programs. This rule also gives the Commissioner of DFPS the ability to waive rule requirements of Chapter 700 as necessary to implement the pilots.

Proposed new §700.1335 creates a rule defining and governing the DFPS Treatment Foster Family Care program and its associated requirements.

Proposed new §700.1337 defines the Temporary Emergency Placement program, which allows for a highly structured, temporary placement for children with high needs.

Proposed new sections §700.2401 and §700.2403 creates rules defining and governing the DFPS Intense Plus Service Level and its associated requirements.

FISCAL NOTE

Lisa Subia, Chief Financial Officer of DFPS, has determined that for each year of the first five years that the section(s) will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the sections as proposed.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS

Lisa Subia, Chief Financial Officer, has also determined that there will be no adverse impact on small businesses or micro-businesses required to comply with the sections as proposed.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated costs to persons who are required to comply with the sections as proposed.

PUBLIC BENEFIT

Kristene Blackstone, Associate Commissioner for Child Protective Services, has determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections will be that the pilot programs will permit the development of programs to better meet the needs of children served by the agency; Community-Based Care will enable local communities to respond to the needs of foster children in their area, to maximize efficiency, and to keep foster children in their home communities as much as possible; Temporary Emergency Placement Program will create a highly-structured temporary placement for high-needs children; and that the Treatment Foster Family Care program; and the Intense Plus Service Level and corresponding rate will provide additional placement options for children with high needs.

TAKINGS IMPACT ASSESSMENT

DFPS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Questions about the content of the proposal may be directed to Kaysie Taccetta at (512) 438-5112 in DFPS's Child Protective Services. Electronic comments may be submitted to kaysie.taccetta@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-40R029, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

SUBCHAPTER A. ADMINISTRATION

40 TAC §700.108, §700.110

STATUTORY AUTHORITY

The amendment and new section are proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements the 2018-19 General Appropriations Act (Article II, Department of Family and Protective Services, Senate Bill 1, 85th Legislature, Regular Session, 2017) and Senate Bill 11, 85th Legislature, Regular Session.

§700.108.Waiver Provision for Implementation of Community-Based Care [Foster Care Redesign].

(a) As used in this section, the term "Community-Based Care" has the meaning ["Foster Care Redesign"means the initiative for the redesign of the foster care system to meet the goals] set forth in §264.152, Texas Family Code, and related law in Subchapter B-1 of Chapter 264, Texas Family Code [the January 2011 report titled "Improving Child and Youth Placement Outcomes: A System Redesign," which the Department of Family and Protective Services (DFPS) was directed to implement by the 82nd Texas Legislature, pursuant to Senate Bill 218 (Acts 2011, 82nd R.S., ch. 598, §11, eff. Sept. 1, 2011)]. The term may include the provision of placement and supportive services, as well as direct case management performed by the Single Source Continuum Contractor performing services in a catchment area.

(b) Notwithstanding any other provision in this chapter, to the extent necessary for the implementation of Community-Based Care [Foster Care Redesign], Department of Family and Protective Services (DFPS) [DFPS] may waive a provision in any section in this chapter as provided under subsection (c) of this section.

(c) - (d) (No change.) §700.110.Waiver Provision for DFPS Pilot Programs

(a) As used in this section, the term "DFPS Pilot Program" means a small-scale, time-limited, trial program that DFPS will use to help determine the feasibility of implementing a project on a large scale. The term may include:

(1) a pilot program to implement integrated care coordination for certain high-needs children in the conservatorship of the Department of Family and Protective Services (DFPS). Integrated Care Coordination (ICC) means the coordination of the activities of all entities and individuals responsible for an individual's medical, social and behavioral health case management, ensuring all components of medical, social and behavioral health case management are utilized effectively, without duplication, to achieve quality outcomes for the child. Integrated Care Coordination services are designed for the specific purpose of maintaining the child or youth in, or transitioning the child or youth to, a family-based or community-based setting and include placement responsibility under a no eject, no reject contract. Integrated Care Coordination services include responsibility for all child welfare related tasks and activities under federal and state law;

(2) a pilot program to contract for the case management of family-based safety services in one or more administrative regions of the state; and

(3) any other pilot program determined to be appropriate or feasible by the Commissioner of DFPS.

(b) Notwithstanding any other provision in this chapter, to the extent necessary for the implementation of a DFPS Pilot Program, DFPS may waive a provision in any section in this chapter as provided under subsection (c) of this section.

(c) The waiver of any rule provision contained in this chapter must be approved by the Commissioner of DFPS, or that person's designee, after consultation with agency legal counsel to ensure that the waiver does not conflict with other state or federal law.

(d) Nothing in this section shall be construed to authorize DFPS to waive a provision of any section in this chapter if such waiver violates other state or federal law.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702258

Audrey Carmical

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: July 23, 2017

For further information, please call: (512) 438-5112


SUBCHAPTER M. SUBSTITUTE-CARE SERVICES

DIVISION 1. GENERAL

40 TAC §700.1335, §700.1337

The new sections are proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

§700.1335.What is the Treatment Foster Family Care Program?

(a) Treatment Foster Family Care is a program designed to provide innovative, multi-disciplinary treatment services to a child or youth in a highly-structured family home environment.

(b) Caregivers who participate in the Treatment Foster Family Care Program have specialized training in providing services to children with mental health and/or socio-behavioral needs that cannot be met in traditional foster care settings, 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) individualized, strengths-based therapeutic services and case management;

(3) time-limited services which include wrap-around services designed to transition children to a permanent and stable placement; and

(4) other training specified in the contract.

(c) A Treatment Foster Family Care home includes:

(1) at least one foster parent who does not work outside of the home and is highly-trained to meet the specific needs of this child population;

(2) a limitation of no more than two foster children at one time; and

(3) other characteristics and limitations specified in the contract.

(d) Child placing agencies providing Treatment Foster Family Care Services must:

(1) have a 24 hour on-call crisis person available to provide in-home crisis intervention and placement stabilization services, available to the child and family;

(2) a formal respite system, both routine and available upon request, when determined appropriate;

(3) a standardized case load to support this population of children; and

(4) other requirements specified in the contract.

§700.1337.What is the Temporary Emergency Placement (TEP) Program?

(a) The Temporary Emergency Placement Program is designed to provide highly-structured quality residential care and services when DFPS encounters high needs children for whom the Department is working to identify a safe and suitable longer-term placement to meet their unique needs.

(b) Caregivers who participate in the Temporary Emergency Treatment Program have specialized training in providing services to children with mental health, socio-behavioral needs and medical needs, including 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 and any other training requirement specified in contract.

(c) Contractors providing services through the Temporary Emergency Placement Program must:

(1) have experience providing residential-child care services to high needs children;

(2) reserve placement slots for the exclusive use of properly referred children determined eligible for the TEP program by DFPS;

(3) be prepared to admit children who might require TEP services at any time, 24 hours a day, 365 days a year;

(4) accept all properly referred children up to a predetermined number of placements as outlined in the contract with DFPS; and

(5) comply with all required terms and conditions set forth in the contract with DFPS.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702260

Audrey Carmical

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: July 23, 2017

For further information, please call: (512) 438-5112


SUBCHAPTER W. SERVICE LEVEL SYSTEM

DIVISION 5. INTENSE PLUS SERVICE LEVEL

40 TAC §700.2365, §700.2367

The new sections are proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

§700.2365.What is the description of the Intense Plus Service Level?

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 daily therapy sessions, individual and group therapy, and specialized therapies], including but not limited to:

(A) Eye Movement Desensitization and Reprocessing Therapy;

(B) Applied Behavior Analysis (certified); and

(C) Treatment for Anorexia/Bulimia/Eating Disorders.

(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.

§700.2367.What are the characteristics of a child that needs the Intense Plus Service Level?

(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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702261

Audrey Carmical

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: July 23, 2017

For further information, please call: (512) 438-5112


CHAPTER 700. CHILD PROTECTIVE SERVICES

The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of Family and Protective Services (DFPS), proposes amendments to §§700.1003, 700.1005, 700.1007 and 700.1009, and the repeal of §700.1011, in Title 40, Texas Administrative Code (TAC), Chapter 700, Subchapter J, relating to Child Protective Services, Assistance Programs for Relatives and Other Caregivers.

BACKGROUND AND PURPOSE

The proposed amendments and repeal are necessary in order to implement legislation enacted and appropriations made by the 85th Regular Session of the Texas legislature that take effect September 1, 2017. Specifically, House Bill 4 (HB 4) enacted revisions to the assistance program for relatives and other designated caregivers (also known as kinship caregivers) who are providing care to a child or children in the managing conservatorship of DFPS. Senate Bill 1 (SB 1), the General Appropriations Act for Fiscal Years 2018-2019, provided funding to implement the revisions contemplated by HB 4 (see Sec. 18.01 of SB 1).

HB 4 replaced a one-time payment to integrate the child into the caregiver's home, as well annual reimbursement of up to $500 for child related expenses while the child is in the managing conservatorship of DFPS, with monthly payments in amounts up to 50 percent of the daily basic foster care reimbursement rate paid to a foster family home. The monthly payments are time-limited and may be paid for up to twelve months. If DFPS determines there is good cause for an exception, payments may be made for up to an additional six months. In addition, the legislation authorized annual reimbursements of up to $500. If the kinship caregiver assumes permanent legal responsibility for the child, the annual reimbursements may be made for up to three years or until the child's 18th birthday, whichever occurs sooner. Finally, the legislation made additional changes not addressed in rule, such as the creation of civil and criminal penalties or fraudulently receiving assistance from the program. DFPS may at a later date adopt rules concerning the determination of whether fraudulent activity has occurred.

SECTION-BY-SECTION SUMMARY

The amendments to §700.1003 clarify terminology and clarify that caregivers with a family income greater than 300 percent of poverty, as determined by federal poverty guidelines, do not qualify for assistance under the program. Further, the changes specify that there may be civil or criminal penalties for entering into an agreement under the program with the intent to defraud or deceive DFPS.

The amendments to §700.1005 update the rule in order to reflect the changes enacted by HB 4, including the replacement of the one-time integration payment and annual reimbursements while the child is in DFPS managing conservatorship with a monthly payment for each child and annual reimbursements after the child leaves the managing conservatorship of DFPS when the caregiver assumes permanent legal responsibility for the child.

The amendments to §700.1007 update the rule to reflect changes enacted by HB 4 that relate to monthly cash assistance payments. The rule clarifies eligibility requirements; sets forth that the payment may not exceed 50 percent of the daily Basic Foster Care rate paid to a foster family home; provides a time limit for the receipt of assistance and specifies what may constitute good cause for extending the time limit for up to six months; and specifies that one-time integration payments paid between June 1 and September 1, 2017 will be counted as offsets against assistance for which the person would qualify on or after September 1, 2017.

The amendments to §700.1009 update the rule to reflect changes enacted by HB 4 that relate to receipt of annual reimbursements for child-related expenses, including that the reimbursements may only be made after the caregiver assumes permanent legal responsibility for the child. In addition, the changes consolidate eligibility provisions from §700.1011 into a single provision.

The repeal of §700.1011 reflects that provisions still in effect are incorporated into §700.1009.

FISCAL NOTE

Lisa Subia, Chief Financial Officer of DFPS, has determined that for each year of the first five years that the sections will be in effect, there will be fiscal implications to state government as a result of enforcing and administering the sections as proposed. There will be no effect on local government.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS

Lisa Subia, Chief Financial Officer of DFPS, has also determined that there will be no adverse impact on small businesses or micro-businesses required to comply with the sections as proposed.

Small and micro-businesses are not impacted by the rule. The rule impacts individual caregivers for children in the managing conservatorship of DFPS.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

PUBLIC BENEFIT

Kristene Blackstone, Associate Commissioner for Child Protective Services, has determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections will be enhanced support for kinship caregivers with a corresponding incentive to achieve permanency because the assistance is time limited.

TAKINGS IMPACT ASSESSMENT

DFPS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Questions about the content of the proposal may be directed to Debra Emerson at, (512) 438-4760 in the Department of Family Protective Services, Child Protective Services. Electronic comments may be submitted to debra.emerson@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-40R030, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

SUBCHAPTER J. ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS

DIVISION 1. RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM

40 TAC §§700.1003, 700.1005, 700.1007, 700.1009

STATUTORY AUTHORITY

The amendments are proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement Texas Family Code §264.755 and SB 1 (85th R.).

§700.1003.What are the eligibility requirements for caregiver assistance?

(a) The children to be placed must be in the managing conservatorship of DFPS.

(b) (No change.)

(c) Caregivers with a family income greater than 300% of poverty, as determined by federal poverty guidelines, are not eligible for cash assistance under §700.1005 of this title (relating to What types of cash assistance are available to eligible caregivers?).

(d) If a caregiver enters into a caregiver assistance agreement under this subchapter with the intent to defraud or deceive DFPS, the caregiver may be subject to civil or criminal penalties as provided in §264.7551, Texas Family Code.

§700.1005.What types of cash assistance are available to eligible caregivers?

(a) Subject to the availability of funds and based upon the family's need, eligible caregivers may receive two types of cash assistance:

(1) a monthly payment, per child in the managing conservatorship of DFPS that has been placed in the caregiver's home, that may not exceed 50% of the DFPS daily Basic Foster Care Rate paid to a foster home in accordance with §355.7103 of Title 1 (relating to Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements) [an initial, one-time cash payment of $1,000 for a child with no siblings or $1,000 for the first child in a sibling group with an additional payment for each subsequent sibling placed in the caregiver's home at any time during the same foster care episode. The amount of the additional payment(s) for subsequent children placed in the caregiver's home is determined by DFPS, but shall not exceed $1,000 per child. These payments are intended to defray costs incurred for essential child care items at the time of each child's placement]; and

(2) an annual reimbursement of not more than $500 per child for DFPS approved child-related expenses if the caregiver has obtained permanent managing conservatorship of the child.

(b) For more information on these types of cash assistance, refer to §700.1007 of this title (relating to How do caregivers receive the monthly cash payment?) and §700.1009 of this title (relating to How do caregivers receive the annual reimbursement?) of this subchapter.

(c) [(b)] DFPS may further clarify in policy specific conditions or criteria caregivers must meet to receive this cash assistance or any other services or benefits in connection with this program, including what costs incurred for essential child care items may be defrayed and[,] what expenditures are appropriate for reimbursement[, and situations where the full initial, one-time payment may not be awarded].

§700.1007.How do caregivers receive the monthly [Are there additional eligibility restrictions for the initial, one-time] cash payment?

(a) Caregivers [Yes, caregivers ] meeting the eligibility requirements specified in §700.1003 of this title (relating to What are the eligibility requirements for caregiver assistance?) are eligible only if:

[(1) there have been no other caregivers paid under this provision on behalf of the same children;]

[(2) the caregiver is not eligible for supplemental financial assistance under the Grandparents Program, Human Resources Code, §31.0041;]

(1) [(3)] the household income of the caregiver does not exceed 300% of poverty, as determined by federal poverty guidelines; [and]

(2) the caregiver continues to comply with the signed caregiver assistance agreement; and

(3) [(4)] the placement of the children by DFPS with the caregiver is made after September 1, 2017 [March 1, 2006].

(b) The monthly cash payment must be distributed to a caregiver on behalf of a child in the managing conservatorship of DFPS in the same manner as to a foster parent receiving foster care reimbursement.

(c) The monthly cash payment may not exceed 50% of the DFPS daily Basic Foster Care Rate paid to a foster home in accordance with §355.7103 of Title 1 (relating to Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements). The amount of the monthly cash payment will be published on the DFPS website, and is paid per child in the managing conservatorship of DFPS who is placed in the home of the eligible caregiver.

(d) The monthly cash payment is provided to the caregiver for 12 months, except that DFPS may extend the monthly cash payment for an additional 6 months if DFPS determines good cause exists for the extension. "Good cause" refers to circumstances in which it is in the child's best interest to remain in the home of a caregiver who is receiving monthly cash payments and is generally comprised of actions and steps necessary in order to achieve positive permanency for the child. Good cause may include:

(1) the identification, release, or location of a previously absent parent of the child;

(2) awaiting the expiration of the timeline for an appeal of an order in a suit affecting the parent-child relationship;

(3) the provision of additional time for the caregiver to complete the approval process for adoption of the child;

(4) awaiting the approval of a child's placement from another state pursuant the Interstate Compact on the Placement of Children, as provided in Subchapter B, Chapter 162, Texas Family Code;

(5) a delayed determination of the child's Indian Child status, or awaiting the approval of the Indian Child's Tribe, pursuant the Indian Child Welfare Act, 25 U.S.C. §1901, et seq.; and

(6) any other circumstance surrounding the child or the caregiver that DFPS deems to necessitate the extension.

(e) Any one-time integration payment received by a caregiver who qualified for the payment between June 1, 2017, and September 1, 2017, under rules in existence at that time, must be offset against monthly cash payments for which the caregiver qualifies on or after September 1, 2017.

§700.1009.How do caregivers receive [Who is eligible for] the annual reimbursement?

(a) Caregivers meeting the eligibility requirements specified in §700.1003 of this title (relating to What are the eligibility requirements for caregiver assistance?) are eligible only if[, including]:

(1) the household income of the caregiver does not exceed 300% of poverty, as determined by federal poverty guidelines [caregivers that are entitled to the initial, one-time cash payment];

(2) the caregiver is awarded permanent managing conservatorship after September 1, 2017, for children that were previously in the conservatorship of DFPS [subsequent caregivers that didn't qualify for the initial, one-time cash payment because a different caregiver was previously paid under this provision on behalf of the same children]; and

(3) the caregiver continues to comply with the signed caregiver assistance agreement [caregivers that didn't qualify for the initial, one-time cash payment because the caregiver was eligible for supplemental financial assistance under the Grandparents Program].

(b) The annual reimbursement may not exceed $500 per child for DFPS approved child-related expenses.

(c) The annual reimbursement applies only to expenses incurred while the child is in the caregiver's care.

(d) The caregiver may receive the annual reimbursement until the earlier of:

(1) three years following the award of permanent managing conservatorship of the child, or

(2) the child's 18th birthday.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702257

Audrey Carmichael

General Counsel

Department of Family and Protection Services

Earliest possible date of adoption: July 23, 2017

For further information, please call: (512) 438-4760


40 TAC §700.1011

The repeal is proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements Texas Family Code §264.755 and SB 1 (85th RS).

§700.1011.Are there additional eligibility restrictions for the annual reimbursement?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702259

Audrey Carmichael

General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: July 23, 2017

For further information, please call: (512) 438-4760