Texas Register, Volume 15, Number 6, Pages 291-387, January 23, 1990 Page: 326
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(A) The primary purpose
of discipline must be to encourage appro-
priate behavior, not to punish the child.
Children in the department's managing
conservatorship must be treated with re-
spect and dignity. Discipline must suit the
particular needs and circumstances of
each child, and it must take into account
the child's age, developmental level, spe-
cific misbehavior, previous reaction to
discipline, and history, including any his-
tory of physical or emotional abuse. No
child in the department's managing
conservatorship may be deprived of basic
necessities or subjected to cruel, harsh,
unusual, or unnecessary punishment.
(B) DHS evaluates appli-
cants based on their willingness and abil-
ity to:-
(i) recognize and respect
differences in children, especially chil-
dren who have been abused or neglected;
(ii) employ methods of
discipline that suit the particular needs
and circumstances of each child; and
(iii) employ methods of
discipline that conform to the policies
specified in this paragraph. [Applicants
are evaluated based on their willingness and
ability to individualize discipline, recognize
and respect differences in children, and use
appropriate discipline methods. Corporal
punishment of children in DHS' managing
conservatorship is discouraged. If spanking
is to be used on a child in DHS'
conservatorship, the child may be spanked
only with an open hand on the hands or
buttocks. All methods of discipline must
conform to the requirements contained in
the Minimum Standards for Child Placing
Agencies (24-hour and aqdoption). Disci-
pline must not result in bruises, welts,
burns, fractures, sprains, exposure, or poi-
soning; nor may it consist of withholding of
food, shelter, supervision, or medical or
educational care. Provisions of the disci-
pline policy for a particular applicant may
be waived only upon the concurrence of the
regional director for families and children
and the Protective Services for Families and
Children Branch.]
(14) (No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 10, 1990.
TRD-09000366 Cathy Rossberg
Agency Liaison, Policy
Communication
Services
Texas Department of
Human Services
Proposed date of adoption: April 1, 1990.For further information, please call: (512)
450-3765Subchapter Q. Purchased
Protective Services
* 40 TAC 49.1765
The Texas Department of Human Services
(DHS) proposes new 49.1765, concerning
post-adoption services, in its Child Protective
Services chapter. The purpose of the new
section is to establish a program under which
contract providers will furnish post-adoption
services to help adopted children and their
adoptive families adjust to adoptions. The
proposed section implements House Bill 1806
as passed by the 71st Texas Legislature,
which amended the Human Resources Code,
Chapter 47, effective September 1, 1989. The
amendment authorizes DHS to provide post-
adoption services to adoptees and adoptive
families whom the department assisted be-
fore adoption.
Burton F. Raiford, chief financial officer, has
determined that for the first five-year period
the proposed section is in effect there will be
fiscal implications for state government as a
result of enforcing or administering the sec-
tion. The effect on state government for the
first five- year period the section is in effect is
an estimated additional cost of $2,249,610 in
fiscal year (FY) 1989-90; $4,600,000 in FY
1990-91; $4,600,000 in FY 1991-92; $4,600,
000 in FY 1992-93; and $4,600,000 in FY
1993-94. There will be no fiscal implications
for local government as a result of enforcing
or administering the section.
Mr. Raiford also has determined that for each
year of the first five years the section is in
effect the public benefit anticipated as a result
of enforcing the section will be to help
adopted children and their families adjust to
their adoptions, cope with any history of
abuse in the adopted child's background, and
avoid permanent or long-term removal of chil-
dren from adoptive family settings. There will
be no effect on small businesses as a result
of enforcing the section. There is no antici-
pated economic cost to persons who are re-
quired to comply with the proposed section.
Questions about the content of this proposal
may be directed to Gwendolyn Gordon at
(512) 450-3298 in DHS's Child Protective
Services Department. Comments on the pro-
posal may be submitted to Cathy Rossberg,
Policy Communication Services Section-015,
Texas Department of Human Services 222-E,
P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the Texas
Register.
The new section is proposed under the Hu-
man Resources Code, Title 2, Chapter 22,
which authorizes the department to adminis-
ter public assistance programs, and Chapter
47, which authorizes the department to ad-
minister programs to promote the adoption of
hard-to-place children.
49.1765. Post-adoption Services.
(a) General description. Beginning
on February 15, 1990, the Texas Depart-
ment of Human Services (DHS) contracts
with eligible providers to provide post-
adoption services to adopted children andadoptive families to whom the department
provided adoption services before adoption.
Post-adoption services are provided based
on client needs without regard to income.(b) Client eligibility. DHS provides
purchased post-adoption services to adopted
children and members of their adoptive
families when funds appropriated for the
purchase of these services are available and
when the following criteria are satisfied:
(1) the department served as
managing conservator or provided adoption
assistance benefits for the adopted child
before the court order granting the adop-
tion;
(2) the adoptive family requests
services after the court order granting the
adoption; and
(3) the adopted child is under
18. If services begin during a child's 17th
year, however, they may continue for as
long as six months after the child's 18th
birthday.
(c) Contract providers.
(1) Only licensed child-placing
facilities that have adoption and
postadoption experience with special-needs
adoptions may contract with DHS to pro-
vide the post-adoption services specified in
this section. The term "special-needs adop-
tion" refers to the adoption of a child who
meets one of the following criteria at the
time of placement:years old;
(A) the child is at least six
(B) the child is at least two
years old and a member of a racial or ethnic
minority;
(C) the child has a profes-
sionally diagnosed physical, mental, or
emotional handicapping condition; or
(D) the child belongs to a
sibling group that needs to be placed in one
home.
(2) Contract providers must fur-
nish post-adoption services either directly
or through subcontracts. DHS must approve
all prospective subcontractors in advance.
(d) Types of service. Contract pro-
viders must offer the following types of
post-adoption services according to the
specifications in subsections (e)-(l) of this
section:
(1) information and referral ser-
vices;
(2) case management and ser-
vice planning;
(3) parent groups;
(4) parenting programs;vices;
(5) therapeutic counseling ser-
(6) respite care;
15 TexReg 326 January 23, 1990 Texas Register *
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Texas. Secretary of State. Texas Register, Volume 15, Number 6, Pages 291-387, January 23, 1990, periodical, January 23, 1990; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth201700/m1/36/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.