TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 700. CHILD PROTECTIVE SERVICES

SUBCHAPTER J. ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS

DIVISION 1. RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM

40 TAC §700.1003

The Department of Family and Protective Services (DFPS) adopts an amendment to §700.1003, in Chapter 700, concerning Child Protective Services. The rule is adopted without changes to the proposed text published in the April 10, 2020 issue of the Texas Register (45 TexReg 2405). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the rule change is to comply with House Bill (HB) 3390, which was enacted into law by the 86th Texas Legislature and became effective immediately on June 14, 2019. HB 3390, among other things, amends Family Code Section 264.751, regarding the definitions pertaining to the Relative and Other Designated Caregiver (RODC) Program, or Kinship Program, to expand the statutory definition of a "designated caregiver" to also include an individual with a longstanding and significant relationship to the family of a child that is in DFPS conservatorship. Current statute and agency rule limits the definition to an individual with a longstanding and significant relationship with the child only.

HB 3390 requires rules necessary for implementation to be adopted as soon as practicable after the effective date.

COMMENTS

The 30-day comment period ended May 8, 2020. During this period, DFPS did not receive any comments regarding the proposed rules.

STATUTORY AUTHORITY

The amendment is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall adopt rules for the operation and provision of services by the department.

The adopted amendment implements Family Code section 264.751 per HB 3390.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2020.

TRD-202003144

Tiffany Roper

General Counsel

Department of Family and Protective Services

Effective date: August 24, 2020

Proposal publication date: April 10, 2020

For further information, please call: (512) 438-3397