TITLE 40. SOCIAL SERVICES AND ASSISTANCE

DIVISION 2. ALTERNATIVE RESPONSE

40 TAC §§707.549, 707.551, 707.553, 707.555, 707.557, 707.559, 707.561, 707.563, 707.565, 707.567

The Department of Family and Protective Services (DFPS) proposes to repeal rules in Title 40, Texas Administrative Code (TAC), Chapter 707, Subchapter A, Division 2 relating to alternative response.

BACKGROUND AND PURPOSE

In 2005, Senate Bill 6 of the 79th regular legislative session, authorized the department to create a "flexible response system" to handle reports of abuse and neglect where a child's safety could be assured so that children would remain in their home with services. The department referred to this system as "Alternative Response." The rules that were promulgated for Alternative Response assisted in the its implementation. However, after ten years of implementation, DFPS no longer needs these rules and they now pose barriers to the creation of further flexibility in the system. For those reasons, the department seeks to repeal these rules.

FISCAL NOTE

Lea Ann Biggar, Chief Financial Officer, has determined that for each year of the first five years that the section(s) will be in effect, there will be fiscal implications to state government as a result of enforcing and administering the section(s) as proposed. The will be no effect on local government.

GOVERNMENT GROWTH IMPACT STATEMENT

DFPS has determined that during the first five years that the section(s) will be in effect:

(1) the proposed rule(s) will not create or eliminate a government program;

(2) implementation of the proposed rule(s) will affect the number of employee positions;

(3) implementation of the proposed rule(s) will require an increase in future legislative appropriations;

(4) the proposed rule(s) will not affect fees paid to the agency;

(5) the proposed rule(s) will not create a new rule;

(6) the proposed rule(s) will not expand, limit, or repeal an existing rule (in the sense that those required to comply will be required to do less or more based on the proposal);

(7) the proposed rule will increase the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Biggar has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule does not apply to small or micro-businesses, or rural communities.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated economic costs to persons who are required to comply with the section(s) as proposed.

COSTS TO REGULATED PERSONS

Texas Government Code, §2001.0045 does not apply to this rule because the rule that is adopted by the Department of Family Protective Services.

PUBLIC BENEFIT

Marta Talbert, Associate Commissioner of Child Protective Investigations, has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of repealing these rules and expanding alternative response will be in the best interest of child safety and family preservation.

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

The Department of Family and Protective Services (DFPS) proposes to repeal rules in Title 40, Texas Administrative Code (TAC), Chapter 707, Subchapter A, Division 2 relating to alternative response.

BACKGROUND AND PURPOSE

In 2005, Senate Bill 6 of the 79th regular legislative session, authorized the department to create a "flexible response system" to handle reports of abuse and neglect where a child's safety could be assured so that children would remain in their home with services. The department referred to this system as "Alternative Response." The rules that were promulgated for Alternative Response assisted in the its implementation. However, after ten years of implementation, DFPS no longer needs these rules and they now pose barriers to the creation of further flexibility in the system. For those reasons, the department seeks to repeal these rules.

FISCAL NOTE

Lea Ann Biggar, Chief Financial Officer, has determined that for each year of the first five years that the section(s) will be in effect, there will be fiscal implications to state government as a result of enforcing and administering the section(s) as proposed. The will be no effect on local government.

GOVERNMENT GROWTH IMPACT STATEMENT

DFPS has determined that during the first five years that the section(s) will be in effect:

(1) the proposed rule(s) will not create or eliminate a government program;

(2) implementation of the proposed rule(s) will affect the number of employee positions;

(3) implementation of the proposed rule(s) will require an increase in future legislative appropriations;

(4) the proposed rule(s) will not affect fees paid to the agency;

(5) the proposed rule(s) will not create a new rule;

(6) the proposed rule(s) will not expand, limit, or repeal an existing rule (in the sense that those required to comply will be required to do less or more based on the proposal);

(7) the proposed rule will increase the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Biggar has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule does not apply to small or micro-businesses, or rural communities.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated economic costs to persons who are required to comply with the section(s) as proposed.

COSTS TO REGULATED PERSONS

Texas Government Code, §2001.0045 does not apply to this rule because the rule that is adopted by the Department of Family Protective Services.

PUBLIC BENEFIT

Marta Talbert, Associate Commissioner of Child Protective Investigations, has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of repealing these rules and expanding alternative response will be in the best interest of child safety and family preservation.

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

DFPS invites comments on the proposed rule proposals. DFPS requests information related to the cost, benefit, or effect of the proposed new, amended, and repealed rules, including any applicable data, research, or analysis. To be considered, comments, questions, and information must be submitted no later than 30 days after the date of this issue of the Texas Register.

Electronic comments and questions may be submitted to Katharine McLaughlin, Policy Attorney at Katharine.McLaughlin@dfps.texas.gov or RULES@dfps.texas.gov. Hard copy comments may be submitted to the DFPS Rules Coordinator, Legal Services Sanjuanita Maltos, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030.

STATUTORY AUTHORITY

The repeal is authorized by Texas Family Code section 261.3015.

The modification is proposed under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.

§707.549. What do the following pronouns mean when used in this division?

§707.551. What is alternative response?

§707.553. Which cases may be conducted as an alternative response?

§707.555. Can a case initially assigned for an alternative response be conducted as an investigation?

§707.557. Which provisions govern the conduct of an alternative response?

§707.559. What are the basic components of an alternative response?

§707.561. What investigative actions may we take when conducting an alternative response?

§707.563. Do we maintain written records from an alternative response?

§707.565. What provisions govern the release and maintenance of records generated in conjunction with an alternative response?

§707.567. What occurs when an alternative response is complete?

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 September 8, 2025.

TRD-202503185

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 19, 2025

For further information, please call: (512) 945-5978

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