TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 705. ADULT PROTECTIVE SERVICES

The Department of Family and Protective Services (DFPS) proposes to amend and repeal rules in Title 40, Texas Administrative Code (TAC), Chapter 705, Subchapters A, C, E, G, I, K, M and O and proposes changes to agency rules §§705.101, 705.103, 705.107, 705.303, 705.501, 705.701 - 705.703, 705.705, 705.901,705.903, 705.1101, 705.1303, 705.1501, 705.1503, 705.1505, 705.1507, 705.1509, 705.1511, 705.1513, 705.1515, 705.1517, 705.1519, 705.1521, 705.1523, 705.1525, 705.1527, 705.1529, 705.1531 and 705.1533 in Title 40, Texas Administrative Code (TAC), Chapter 705, Subchapter G.

BACKGROUND AND PURPOSE

The purpose of the amended, and repealed rules is to reflect the current scope and authority of the APS program as a result of House Bill (H.B.) 4696, 88th Legislature, regular session, and the resulting transfer of Home and Community Support Service Agency (HCSSA) investigations, regardless of payment source (Medicaid, Medicare of private pay) to the Health and Human Services Commission (HHSC). This includes perpetrators eligible for the Employee Misconduct Registry (EMR). All references to the EMR and HHSC are being removed as they are no longer applicable to the APS program. The new, amended, and repealed rules also clean up existing rules related to emergency protective services and nomenclature related to victim/client.

SECTION-BY-SECTION SUMMARY

The proposed amendments to §705.101 make non-substantive nomenclature changes by replacing the term "an alleged victim" with the term "client"; removing definitions of "alleged victim" and "alleged victim/perpetrator"; redefining "client" and "designated perpetrator" to account for the term replacements; removing terms no longer applicable to the program; and renumbering of the term definitions.

The proposed amendments to §705.103 make non-substantive nomenclature changes by replacing the term "an alleged victim" with the term "client".

The proposed amendments to §705.107 make non-substantive nomenclature changes by replacing the term "an alleged victim" with the term "client".

The proposed amendments to §705.303 make non-substantive nomenclature changes by replacing the term "alleged victims" with the term "clients".

The proposed amendments to §705.501 make non-substantive nomenclature changes by replacing the term "an alleged victim" with the term "client".

The proposed amendment to Subchapter G replaces the title of the Subchapter from "Eligibility" to "Purchased Client Services" to clarify that the rules within the subchapter pertain to Purchased Client Services generally rather than eligibility for such.

Proposed new §705.702 combines the relevant provisions of repealed §705.703 and §705.705 related to eligibility and availability of purchased client services.

The proposed repeal of §705.701 deletes eligibility for emergency protective services as this rule is duplicative; APS provides services as authorized by Human Resources Code Chapter 48 to individuals determined to be in a state of abuse, neglect, or financial exploitation.

The proposed repeal of §705.703 is because the rule is no longer necessary as it is now incorporated into new §705.702.

The proposed repeal of §705.705 is because the rule is no longer necessary as it is now incorporated into new §705.702.

The proposed amendments to §705.901 make non-substantive nomenclature changes by replacing the term "an alleged victim" with the term "client".

The proposed amendments to §705.903 make non-substantive nomenclature changes by replacing the term "an alleged victim" with the term "client".

The proposed amendments to §705.1101 make non-substantive nomenclature changes by replacing the term "an alleged victim" with the term "client".

The proposed amendments to §705.1303 delete subsections (b), (c), and (d) as these related to the Employee Misconduct Registry which has been transferred to the Health and Human Services Commission pursuant to H.B. 4696, 88th Legislature, regular session; corresponding formatting changes are also made.

The proposed repeal of Subchapter O, Employee Misconduct Registry, is due to the transfer of the Employee Misconduct Registry which was transferred to the Health and Human Services Commission pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1501 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1503 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1505 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1507 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1509 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1511 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1513 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1515 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1517 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1519 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1521 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1523 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1525 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1527 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1529 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1531 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

The proposed repeal of §705.1533 is necessary as the Employee Misconduct Registry is no longer a part of the Adult Protective Services program pursuant to H.B. 4696, 88th Legislature, regular session.

FISCAL NOTE

Lea Ann Biggar, 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 fiscal implications as a result of enforcing and administering the section(s) as proposed; there will be Information Technology costs of $266,753.00 in Fiscal Year 2 and $26,470.00 in Fiscal Year 3 with respect to capital and professional services fees. They will be no effect on local government.

GOVERNMENT GROWTH IMPACT STATEMENT

DFPS has determined that during the first five years that the sections will be in effect

(1) the amended and appealed rules will not create or eliminate a government program;

(2) implementation of the amended and appealed rules will not affect the number of employee positions or the elimination of existing employee positions;

(3) implementation of the amended and appealed rules will not require an increase or decrease in future legislative appropriations to the agency.

(4) the amended and appealed rules will not affect fees paid to the agency;

(5) the amended and appealed rules will not create a new regulation;

(6) the amended and appealed rules will not expand, limit, or repeal an existing regulation;

(7) the amended and appealed rules will not change the number of individuals subject to the rule's applicability;

(8) the amended and appealed rules will not affect the state's economy positively or adversely;

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

Ms. Biggar has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections is that the public will benefit from clarity in the rules as well as compliance with H.B. 4696, 88th Legislature, regular session which required DFPS to transfer investigation authority involving Home and Community Support Service Agency investigations to the Health and Human Services Commission along with the Emergency Misconduct Registry applicable to those investigations.

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 Lauren Villa, Policy Attorney at Lauren.Villa@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.

SUBCHAPTER A. DEFINITIONS

STATUTORY AUTHORITY

The proposed amended rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.101. How are the terms in this chapter defined?

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

(1) Administrative law judge--An attorney who serves as a hearings examiner in a due process hearing, including a release hearing [or Employee Misconduct Registry (EMR) hearing].

(2) Adult--A person aged 18 or older, or an emancipated minor.

(3) Adult with a disability--A person aged 18 or older, or an emancipated minor, with a physical, mental, or developmental disability that substantially impairs the person's ability to adequately provide for his or her own care or protection.

(4) Allegation--An assertion that a client [an alleged victim] is in a state of or at risk of harm due to abuse, neglect, or financial exploitation.

(5) Alleged perpetrator--A person who is reported to be responsible for the abuse, neglect, or financial exploitation of a client [an alleged victim].

(6) [(8)] APS--Adult Protective Services, a division of DFPS.

(7) [(9)] Capacity to consent to protective services--Having the mental and physical ability to understand the services offered and to accept or reject those services knowing the consequences of the decision.

(8) [(10)] Caretaker--

(A) A guardian, representative payee, or other person who by act, words, or course of conduct has acted so as to cause a reasonable person to conclude that the person has accepted the responsibility for protection, food, shelter, or care for a client [an alleged victim]; or

(B) [(C)] A person, including a family member, privately hired and receiving monetary compensation to provide personal care services, as defined in Texas Health and Safety Code, §142.001(22-a), to a client [an alleged victim].

(9) [(11)] Client--An adult with a disability or an adult aged 65 or older who has been reported to APS to be in a state of or at risk of harm due to abuse, neglect, or financial exploitation [An alleged victim or alleged victim/perpetrator who has been determined by a validated finding to be in need of protective services. The alleged victim does not have to meet financial eligibility requirements].

(10) [(12)] Commissioner--The commissioner of DFPS or the commissioner's designee.

(11) [(13)] Designated perpetrator--An alleged perpetrator who has been determined by an APS [a] validated finding to have abused, neglected, or financially exploited a client. [A designated perpetrator may be eligible for inclusion on the Employee Misconduct Registry, when the abuse, neglect, or financial exploitation meets the definition of reportable conduct.]

(12) [(16)] DFPS--Department of Family and Protective Services.

(13) [(17)] Emancipated minor--A person under 18 years of age who has the power and capacity of an adult. This includes a minor who has had the disabilities of minority removed by a court of law or a minor who, with or without parental consent, has been married. Marriage includes common-law marriage.

(14) [(19)]) Emotional harm--A highly unpleasant mental reaction with observable signs of distress, such as anguish, grief, fright, humiliation, or fury.

(15) [(22)] Goods--Tangible objects such as food, clothing, shelter and other items necessary to meet one's basic needs.

(16) [(26)] Intimidation--Behavior by actions or words creating fear of physical harm, death, or abandonment.

(17) [(27)] Ongoing relationship--A personal relationship that includes:

(A) frequent and regular interaction;

(B) a reasonable assumption that the interaction will continue; and

(C) an establishment of trust, beyond a commercial or contractual agreement.

(18) [(28)] Physical harm--Physical pain, injury, illness, or any impairment of physical condition.

(19) [(29)] Protective services--The services furnished by DFPS or by another protective services agency to an APS client with a validated finding of abuse, neglect, or financial exploitation, [designated victim, or designated victim/perpetrator,] or to that person's relative or caretaker if DFPS determines the services are necessary to prevent the client [, designated victim, or designated victim/perpetrator] from being in or returning to a state of abuse, neglect, or financial exploitation. These services may include social casework, case management, and arranging for psychiatric and health evaluation, home care, day care, social services, health care, respite services, and other services consistent with Texas Human Resources Code, §48.002. The term does not include the investigation of an allegation of abuse, neglect, or financial exploitation.

(20) [(30)] Purchased client services (PCS)--A type of protective services provided in accordance with Texas Human Resources Code, §48.002(a)(5), including, but not limited to, emergency shelter, medical, and psychiatric assessments, in-home care, residential care, heavy housecleaning, minor home repairs, money management, transportation, emergency food, medication, and other supplies.

(21) [(31)] Release hearing--A formal due process hearing conducted by an administrative law judge. A release hearing provides a designated perpetrator with an opportunity to appeal DFPS's decision to release information about him or her to persons or entities outside DFPS, except for information released as required or allowed by state or federal law or in accordance with this chapter.

(22) [(32)] Report--An allegation of abuse, neglect, or financial exploitation, as described in Texas Human Resources Code, §48.002, which is made under Texas Human Resources Code, §48.051(a).

(23) [(33)] Reporter--A person who makes a report to DFPS about a situation of alleged abuse, neglect, or financial exploitation of a client [an alleged victim].

(24) [(34)] Serious harm--In danger of sustaining significant physical harm or death; or danger of imminent impoverishment or deprivation of basic needs.

(25) [(35)] Services--Activities provided by others, including, but not limited to, cooking, cleaning, money management, medical care, or mental health care.

(26) [(36)] Substantially impairs--When a disability grossly and chronically diminishes an adult's physical or mental ability to live independently or provide self-care as determined through observation, diagnosis, evaluation, or assessment.

(27) [(37)] Sustained perpetrator--A designated perpetrator whose validated finding of abuse, neglect, or financial exploitation of a client [designated victim] has been sustained by an administrative law judge in a due process hearing, including a release hearing [or Employee Misconduct Registry (EMR) hearing], or if the designated perpetrator has waived the right to a hearing.

(28) [(38)] Unreasonable confinement--An act that results in a forced isolation from the people one would normally associate with, including friends, family, neighbors, and professionals; an inappropriate restriction of movement; or the use of any inappropriate restraint.

§705.103. How is abuse defined?

In this chapter, when the alleged perpetrator is a caretaker, family member, or other person who has an ongoing relationship with the client [alleged victim], abuse is defined as:

(1) the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to the client [alleged victim]; or

(2) sexual abuse of the client [alleged victim], including any involuntary or nonconsensual sexual conduct that would constitute an offense under Texas Penal Code, Section 21.08, (indecent exposure) or Texas Penal Code, Chapter 22, Assaultive Offenses.

§705.107. How is financial exploitation defined?

In this chapter, when an alleged perpetrator is a caretaker, family member, or other person who has an ongoing relationship with the client [alleged victim], financial exploitation is defined as the illegal or improper act or process of the alleged perpetrator using, or attempting to use, the resources of the client [alleged victim], including the client’s [alleged victim's] Social Security number or other identifying information, for monetary or personal benefit, profit, or gain without the informed consent of the client [alleged victim].

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 12, 2025.

TRD-202503237

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

SUBCHAPTER C. APS PROGRAM OVERVIEW

STATUTORY AUTHORITY

The proposed amended rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.303. How does DFPS educate the public about APS?

(a) DFPS conducts a statewide public awareness campaign to educate the public regarding abuse, neglect, and financial exploitation of clients [alleged victims] and to reduce the incidences of maltreatment involving adults with disabilities and adults aged 65 or older.

(b) Based on available funding, DFPS utilizes a selection of:

(1) public service announcements;

(2) program brochures and literature;

(3) a prevention website; and

(4) speaking engagements, by enlisting the assistance of community organizations.

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 12, 2025.

TRD-202503238

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

SUBCHAPTER E. ALLEGATION PRIORITIES

STATUTORY AUTHORITY

The amended rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.501. How are allegations prioritized?

(a) APS assigns the following priorities to reported allegations:

(1) Priority I--Allegation that the client [alleged victim] is in a state of serious harm or is in danger of death from abuse or neglect.

(2) Priority II--Allegation that the client [alleged victim] is abused, neglected, or financially exploited and, as a result, is at risk of serious harm.

(3) Priority III--Allegation that the client [alleged victim] is in a state of abuse or neglect when the severity and immediacy of the allegation do not meet the definitions in paragraphs (1) or (2) of this subsection.

(4) Priority IV--Allegation that the client [alleged victim] is financially exploited when there is no serious harm.

(b) APS establishes the timeframe for conducting the initial face-to-face contact with the client [alleged victim] based on the priority assigned to the allegation(s).

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 12, 2025.

TRD-202503239

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

SUBCHAPTER G. ELIGIBILITY

STATUTORY AUTHORITY

The proposed repealed rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.701. Who is eligible for emergency protective services?

§705.703. Who is eligible for purchased client services?

§705.705. When are purchased client services available?

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 12, 2025.

TRD-202503241

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

STATUTORY AUTHORITY

The proposed new rule implements H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rule implements Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

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 12, 2025.

TRD-202503240

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

SUBCHAPTER I. FAMILY VIOLENCE

STATUTORY AUTHORITY

The proposed amended rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.901. What actions does APS perform when clients [alleged victims] are also victims of family violence?

(a) When APS staff validates an allegation that a client [an alleged victim] is a victim of family violence as specified in Texas Family Code, §71.004, APS staff:

(1) documents that the client [ alleged victim ] is a victim of family violence; and

(2) provides the client [alleged victim] with written information in the client's [alleged victim's] preferred language, as available, concerning community services.

(b) Statistical compilations of the documented findings are included in DFPS's annual report.

§705.903. Can DFPS apply for protective orders?

When APS staff validates an allegation that a client [an alleged victim] is a victim of family violence as specified in Texas Family Code, §71.004, DFPS may apply for a protective order to protect the victim. Before DFPS files the protective order, APS staff contacts the victim and a non-abusive adult member of the household, if available:

(1) to notify them of DFPS's intent to file a protective order; and

(2) to request assistance in developing a safety plan for the protection of the victim and any non-abusive household members.

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 12, 2026

TRD-202503242

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

SUBCHAPTER K. INVESTIGATIONS

STATUTORY AUTHORITY

The proposed amended rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.1101. What assessments does APS use?

(a) APS uses a series of three assessments.

(1) Safety assessment. When APS investigates, APS uses a safety assessment to determine if the client [alleged victim] is in imminent risk of abuse, neglect, or financial exploitation, or is in a state of abuse, neglect, or financial exploitation and needs protective services. A safety assessment helps APS determine current danger factors and if immediate intervention is necessary to mitigate them.

(2) Risk of recidivism assessment: If APS validates abuse, neglect, or financial exploitation, APS uses a risk of recidivism assessment to help determine whether the client is at low, moderate, or high risk of being a client [an alleged victim] within the next 12 months.

(3) Strengths and needs assessment: If APS validates abuse, neglect, or financial exploitation and provides protective services, APS uses a strengths and needs assessment to help develop a service plan appropriate to the client's needs.

(b) Each assessment is comprehensive, and at a minimum, assesses:

(1) environmental conditions;

(2) financial condition;

(3) physical, medical, and mental health conditions;

(4) social interaction and support; and

(5) need for legal intervention.

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 12, 2025.

TRD-202503243

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

SUBCHAPTER M. RELEASE HEARINGS

STATUTORY AUTHORITY

The proposed amended rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.1303. Does the designated perpetrator have the right to appeal?

[(a)] When APS staff validates an allegation of abuse, neglect, or financial exploitation against a designated perpetrator and an entity or employer (such as a contracting agency or senior center) allows such designated perpetrator to have access to adults with disabilities, adults aged 65 or older, or children, then the APS caseworker may notify the entity of the findings by complying with this subchapter. If the findings are to be released to any entity or employer, the designated perpetrator must be given prior written notification, except in emergencies, and an opportunity to request an Administrative Review of Investigative Findings and a hearing before the State Office of Administrative Hearings.

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 12, 2025.

TRD-202503244

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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

SUBCHAPTER O. EMPLOYEE MISCONDUCT REGISTRY

STATUTORY AUTHORITY

The proposed repealed rules implement H.B. 4696 from the 88th Legislature, regular session.

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.

CROSS REFERENCE TO STATUTES

The proposed rules implement Human Resources Code, Chapter 48; Family Code, Chapter 261; and Health and Safety Code, Chapters 142 and 253.

§705.1501. What is the purpose of this subchapter?

§705.1503. To which investigations does this subchapter apply?

§705.1505. How are the terms in this subchapter defined?

§705.1507. How is reportable conduct defined for the purpose of this subchapter?

§705.1509. What notice does DFPS provide to an employee before the employee's name is submitted to the Employee Misconduct Registry?

§705.1511. How is the Notice of Finding provided to an employee, and who is responsible for ensuring that DFPS has a valid mailing address for an employee?

§705.1513. How does an employee dispute a finding of reportable conduct and what happens if the Request for EMR Hearing is not filed or not filed properly?

§705.1515. What is the deadline for filing the Request for EMR Hearing?

§705.1517. Is the finding of reportable conduct ever reversed without conducting a hearing?

§705.1519. When and where will the EMR hearing take place and who conducts the hearing?

§705.1521. May an employee or DFPS request that the EMR hearing be rescheduled?

§705.1523. May an employee withdraw a Request for EMR Hearing after it is filed?

§705.1525 What happens if a party fails to appear at a pre-hearing conference or a hearing on the merits?

§705.1527. How is the EMR conducted?

§705.1529. How and when is the decision made after the EMR hearing?

§705.1531. How is judicial review requested and what is the deadline?

§705.1533. What action does DFPS take when an employee's administrative case is fully resolved or has reached final disposition?

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 12, 2025.

TRD-202503245

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: October 26, 2025

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