Texas Register, Volume 12, Number 70, Pages 3237-3293, September 18, 1987 Page: 3,270
3237-3293 p. ; 28 cm.View a full description of this periodical.
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are also subject to the provisions of
113.41 concerning maintenance and
operation of control equipment.
This amendment is adopted under Texas
Civil Statutes, Article 4477-5, 3.09(a),
which provide the TACB with the authori-
ty to make rules and regulations consis-
tent with the general intent and purposes
of the Texas Clean Air Act and to amend
any rule or regulation the TACB makes.
This agency hereby certifies that the rule
as adopted has been reviewed by legal
counsel and found to be a valid exercise
of the agency's legal authority.
Issued in Austin, Texas, on September 10, 1987.
TRD-8707748 Allen Eli Bell
Executive Director
Texas Air Control Board
Effective date: October 1, 1987
Proposal publication date: June 5, 1987
For further information, please call
(512) 451-5711, ext. 354.4 4
TITLE 40. SOCIAL
SERVICES AND
ASSISTANCE
Part I. Texas Department of
Human Services
Chapter 49. Child Protective
Services
Subchapter E. Intake and
Investigation
The Texas Department of Human Services
(DHS) adopts the repeal of 49.512 and an
amendment to 49.513, without changes
to the proposed text published in the July
24, 1987, issue of the Texas Register (12
TexReg 2415).
The repeal and amendment are adopted
because of a transfer in the ad-
ministrative responsibility for investiga-
tions of child care facilities from child
protective services staff to licensing staff.
The repeal and amendment update the
operating procedures for investigations.
No comments were received regarding
adoption of the repeal and amendment.
S40 TAC 49.512
The repeal is adopted under the Human
Resources Code, Title 2, Chapters 22 and
41, which provides the department with
the authority to administer public assis-
tance programs and to enforce laws for
the protection of children.
This agency hereby certifies that the rule
as adopted has been reviewed by legal
counsel and found to be a valid exercise
of the agency's legal authority.
Issued in Austin, Texas, on September 11, 1987.TRD-8707815 Marlin W. Johnston
Commissioner
Texas Department of
Human Services
Effective date: September 30, 1987
Proposal publication date: July 24, 1987
For further information, please call
(512) 450-3766.
4 4 4
*40 TAC 49.513
The amendment is adopted under the
Human Resources Code, Title 2, Chapters
22 and 41, which provides the department
with the authority to administer public
assistance programs and to enforce laws
for the protection of children.
This agency hereby certifies that the rule
as adopted has been reviewed by legal
counsel and found to be a valid exercise
of the agency's legal authority.
Issued in Austin, Texas, on September 11, 1987.
TRD-8707816 Marlin W. Johnston
Commissioner
Texas Department of
Human Services
Effective date: October 2, 1987
Proposal publication date: July 24, 1987
For further information, please call
(512) 450-3766.
Subchapter U. Services to
Truants and Runaway
Program
*40 TAC 49.2101-49.2111
The Texas Department of Human Services
(DHS) adopts new 49.2101-49.2111, con-
cerning services to truants and runaways,
in its child protective services chapter.
Section 49.2103 and 49.2104 are adopted
with changes to the proposed text pub-
lished in the July 21, 1987, issue of the
Texas Register (12 TexReg 2373). New
49.2101, 49.2102, and 49.2105-49.2111
are adopted without changes and will not
be republished. Changes to the propos-
ed text of 49.2103 and 49.2104 have
been made to maintain consistency with
terminology and thus enhance clarity. In
49.2103(a), the terminology has been
changed to emphasize that children are
referred to services for certain presenting
problems instead of reasons. In 49.2104
(a), the word "all" has been deleted to
clarify that all children may not receive all
the required services.
The adoption of the new sections is
justified to establish requirements for
regulating the Services to Truants and
Runaways Program.
The new sections will function by pro-
viding for a more consistent application
of statewide services and by establishinga permanent policy beneficial to the
public, providers, and the department.
The department received comments from
the Jefferson County Juvenile Probation
Department regarding the adoption of the
new sections. Concerning 49.2105, thel
commenter stated that the volume of the
caseload precluded follow-up contacts.
The department is maintaining this sec-
tion as proposed because children often
need follow-up contacts to avert a crisis
or to be referred to additional services,
and client outcome information is often
requested from legislators and other de-
cision-makers. A compilation of this infor-
mation is necessary for the department
to assess the effectiveness of the pro-
gram. Concerning 49.2106, the com-
menter indicated that face-to-face contact
three times a week would create a hard-
ship because of the time needed to travel
to the residential shelters. The depart-
ment is maintaining this section as pro-
posed. The section was established to
help decrease the length of a child's stay
in a residential shelter, increase the
likelihood that the child could return
home, and enhance communication and
service planning. Moreover, the section re-
quires that the shelter be within 30 miles
of the service delivery site, a distance that
should not cause undue hardship. Con-
cerning 49.2107, the commenter op-
posed the requirement that the contractor
may become the primary service agency
for Priority III children on the grounds that
Priority III cases are the department's
responsibility and, if the section were
adopted, it would necessitate additional
funding. The department is maintaining
this section as proposed because the
department does not serve Priority III
children and established the program to
meet the needs of children it does not
serve. The section furthermore relates to
only those Priority II children who are
runaways, or at risk of running away, and
truants.
The new sections are adopted under the
Human Resources Code, Title 2, Chapter
22, which provides the department with
the authority to administer public as-
sistance programs.
49.2103. Client Eligibility.
(a) Children (and their families) eligi-
ble to receive services are those who are ages
10 through 17 and who have been referred
for services with one of the following pre-
senting problems:
(1) absent from their home or liv-
ing situation without parental permission;
(2) homeless (pushed out or aban-
doned);
(3) truant from school (nonresiden-
tial services only);
(4) at-risk of running away from
home (documentation in the case record
must explain why the child is considered
at-risk).
(b) Children who have been adjudi-
cated delinquent are not eligible for services.12 TexReg 3270 September 18, 1987
__
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Texas. Secretary of State. Texas Register, Volume 12, Number 70, Pages 3237-3293, September 18, 1987, periodical, September 18, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243914/m1/34/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.