Department of Family and Protective Services Council Meeting

Department of Family and Protective Services Council Meeting Winters Bldg., Austin, TX April 22, 2016 This summary contains supplemental information from reliable sources where that information provides clarity to the issues being discussed. Power Point tables used in the presentations may also be used in this summary. Names of individuals may be misspelled but every attempt has been made to ensure accuracy. Tables and Text have been used from executive and legislative agencies and departments presentations and publications.

Call to Order. The meeting was called to order by the Chair, Tina Martin. Reading, Corrections, and Approval of Minutes of February 4, 2016, regular meeting. The minutes were approved as presented. Agency Briefings. Commissioner s Report: Administrative Update, Legislative Update, Child Abuse Prevention Month, Child Abuse and Neglect Annual Report, CPS Regional Update, IMPACT Modernization, Child Care Public Awareness Campaign, Children s Rights Lawsuit Update - John Specia, Jr. The Commissioner thanked the Council for their service and presented the members with a certificate. The Commissioner stated that this would be his last meeting. He stated that his replacement will be Henry Hank Whitman, formerly of the Texas Rangers. The Commissioner announced some staff changes and commented on the testimony that he participated in before the Legislature. PI is announcing a multi-million dollar public information campaign. The third round funding for community programs through HOPES has been announced. Modernization is happening and phase two of Impact modernization is occurring. Forecasting models are being developed to allow the agency to hire ahead of problems. Conservatorship staffing is continuing. The Class Action has a special master appointed. Chair's Report - Tina Martin. The Chair stated that on behalf of the Council she wanted to thank the Commissioner for his service. Other Council members also commented. The July meeting will be the last Council Meeting. Public Testimony. Thomas Valentine, representing himself expressed his appreciation for publishing the draft rules in advance of the meeting. Irene Clemments, Texas Foster Family Association expressed her appreciation to the Commissioner. Sarah Crockett, Texas CASA expressed her appreciation for the creation of the ombudsman s office. New Business. Rule proposals had been discussed thoroughly at the Council work session. 2

Recommendation to propose rule changes to 40 TAC, Chapter 700, Subchapter D relating to Child Protective Services Investigations in Schools* - Sophia Karimjee, Legal Services. The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to 700.401-700.412, concerning school investigations, in Chapter 700, Child Protective Services (CPS). The primary purpose of the revisions is to comply with legislative changes from the most recent legislative session. Senate Bill (SB) 206, enacted during the 84th Regular Session of the Texas Legislature, amended Texas Family Code 261.406(b) regarding entities that must be notified when DFPS completes an investigation of alleged abuse or neglect of a child by school personnel or volunteers in a school setting. Prior law mandated that upon completion of a school investigation, DFPS send a copy of the investigation report to the Texas Education Agency (TEA), the State Board for Educator Certification, the local school board or the school's governing body, the superintendent of the school district, and the school principal or director (unless the principal or director is alleged to have committed the abuse and neglect), to allow those officials to take appropriate action. The statute was amended to limit DFPS's duty to only providing notification of the completed report to TEA. The rationale for the change was that the notice requirement was unnecessarily burdensome for CPS caseworkers and that other provisions in the Family Code already contained more appropriate reporting provisions to ensure proper steps are taken to notify any entity within the school hierarchy as necessary to protect a child from potential harm. The entities other than TEA may still receive copies of the completed report upon request. Recommendation to propose rule changes in 40 TAC Chapter 711, Subchapter O, relating to the Employee Misconduct Registry* - Audrey Carmical, Legal and Beth Engelking, APS. The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendment to 711.1402, 711.1404, 711.1408, 711.1413, 711.1414, 711.1415, 711.1417, 711.1427, 711.1429, 711.1431, 711.1432, 711.1434, the repeal and replacement of 711.1406, and the repeal of 711.1411, in Chapter 711, concerning Investigations in Department of Aging and Disability Services (DADS) and Department of State Health Services (DSHS) Facilities and Related Programs. The purpose of the amendments and repeals is to update the terminology and process requirements regarding the due process rights of an employee prior to placement on the Emergency Misconduct Registry (EMR). The EMR is a publicly available, searchable database maintained by the Department of Aging and Disability Services pursuant to Chapter 253 of the Texas Health and Safety Code. The EMR is a list of persons who are not permitted to work in certain settings because they have been found to have committed reportable conduct. A finding of reportable conduct is a finding that an employee has been found to have committed certain, more serious abuse, neglect, or exploitation of a person who is elderly or a person with a disability. 3

Under authority in Chapter 48 of the Texas Human Resources Code, Subchapter I, DFPS is required to submit the names of certain employees whom Adult Protective Services (APS) has determined committed reportable conduct to DADS for placement on the EMR. If APS determines an employee has committed reportable conduct, the employee is offered a due process hearing prior to placement on the EMR, and if the finding is upheld, the employee is given an opportunity to file for judicial review of the finding. The changes make APS' requirements consistent with governing Texas law, the Administrative Procedures Act, found in Chapter 2001 of the Texas Government Code. In addition, they standardize terminology so that the employee's administrative remedies are more clearly explained. They also make modest updates to reflect changes enacted in the 84th Regular Session of the Texas legislature that expanded APS' investigative scope and jurisdiction in certain settings, including some settings in which employees are eligible for potential placement on the EMR. Finally, the changes streamline unnecessary provisions out of the subchapter so that it is easier to follow. Recommendation to propose rule changes in 40 TAC Chapter 705 Adult Protective Services and 711 Investigations in DADS and DSHS Facilities and Related Programs* - Beth Engelking, APS. The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to 705.1001, 705.2105, 705.2107, 705.3102, 705.4103, 705.4105, 705.4107, 705.6101, 705.7103, and 705.7105; new 705.2103; and the repeal of 705.2103 in Chapter 705, concerning Adult Protective Services. The purpose of the amendments, new rules and repeal is to implement Senate Bills 760 and 1880 (84th Legislature), the APS Scope and Jurisdiction Bills, which expanded the APS Provider (formally Facility) program's jurisdiction to investigate abuse, neglect, and exploitation. These bills ensured continued State of Texas compliance with the Center for Medicaid and Medicare Services (CMS) requirements for the health and welfare of recipients of home and community-based services (HCBS). The bills (1) expanded the authority of Adult Protective Services (APS) to investigate, inter alia, all home and community-based service providers whether providing services in a traditional or managed care service delivery model, (2) clarified and addressed the gaps and inconsistencies that resulted from evolving service delivery changes and changes in contracting arrangements, and (3) updated statutory language and requirements related to provider and agency responsibilities. The proposed rules implement APS's expanded jurisdiction and modify existing DFPS rules, as applicable, to the expanded jurisdiction. These rules will take effect on September 1, 2016. The updates in Chapters 705 will implement statutory changes as required by the APS Scope and Jurisdiction Bills. 4

The rule also addresses investigations in Department of Aging and Disability Services (DADS) and Department of State Health Services (DSHS) Facilities and Related Programs. The purpose of the amendments, new, and repeals is to implement Senate Bills (SB) 760 and 1880, 84th Legislature (Adult Protection Services (APS) Scope and Jurisdiction Bills), which expanded the APS Provider (formally APS Facility) program's jurisdiction to investigate abuse, neglect, and exploitation. These bills ensure continued State of Texas compliance with the Center for Medicaid and Medicare Services (CMS) requirements for the health and welfare of recipients of home and community-based services (HCBS). The bills (1) expanded the authority of APS to investigate, inter alia, all home and community-based service providers whether providing services in a traditional or managed care service delivery model, (2) clarified and addressed the gaps and inconsistencies that resulted from evolving service delivery changes and changes in contracting arrangements, and (3) updated statutory language and requirements related to provider and agency responsibilities. These amendments, new, and repeals implement APS's expanded jurisdiction and modify existing rules to reflect such expansion, as applicable. These rules will take effect on September 1, 2016. The updates in Chapter 711 will implement statutory changes as required by the APS Scope and Jurisdiction Bills. Recommendation to propose rule changes to 40 TAC, Chapter 700, Subchapter Q relating to Purchased Protective Services and 40 TAC, Chapter 702, Subchapter I relating to Office of Consumer Affairs Services* - Tracye Risener and Jose Martinez, OCA. The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to 702.801, 702.811, 702.813, 702.841, 702.843, 702.845, 702.847, and 702.849; repeal of 702.815, 702.817, 702.819, 702.821, 702.823, and 702.825; and new 702.815, 702.817, 702.819, 702.821, 702.823, 702.825, 702.827, and 702.829, in Chapter 702, concerning General Administration. The purpose of the amendments, repeals, and new sections is to comply with the mandates of Senate Bill 830 from the 84th Texas Legislature, Regular Session 2015, which amended Chapter 531 of the Texas Government Code by adding Subchapter Y and also amended Section 40.0041 of the Human Resources Code by adding Subsections (g) and (h) concerning the Ombudsman For Children and Youth in Foster Care. Pursuant to the bill, the Health and Human Services Commission (HHSC) was tasked with appointing an ombudsman for children and youth in the conservatorship of DFPS to serve as a neutral party in assisting the children and youth with complaints regarding issues concerning any HHSC agency, including DFPS. 5

Also the Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), new 700.1701, in Chapter 700, concerning Child Protective Services. The new section is proposed in Subchapter Q, Purchased Protective Services, in a new Division 1, Residential Child-Care Contracts. All current rules in Subchapter Q are moved to a new Division 2, Post Adoption Services. The purpose of the new section is to comply with the mandates of Senate Bill 830 from the 84th Texas Legislature, Regular Session 2015, which amended Chapter 531 of the Texas Government Code by adding Subchapter Y and also amended Section 40.0041 of the Human Resources Code by adding Subsections (g) and (h) concerning the Ombudsman For Children and Youth in Foster Care. Pursuant to the bill, the Health and Human Services Commission was tasked with appointing an ombudsman for children and youth in the conservatorship of DFPS to serve as a neutral party in assisting the children and youth with complaints regarding issues concerning any Health and Human Services (HHSC) agency, including DFPS. Recommendation to propose rule changes in 40 TAC 749, Minimum Standards for Child-Placing Agencies, related to a comprehensive review* - Paul Morris, CCL. The purpose of the amendments, new, and repeals is for Child Care Licensing (CCL) to be in compliance with Texas Human Resources Code (HRC) 42.042(b) which requires CCL to conduct a comprehensive review of all rules and minimum standards every six years. The proposed changes are a result of the comprehensive review of all minimum standards located in Chapter 749. During this review of standards, CCL's goal was to balance the concerns of child advocacy groups, child-placing agencies, foster parents, children, and biological parents to formulate standards that promote the safety of every child in care. In preparation for the review of minimum standards, CCL conducted a web-based survey open to permit holders, caregivers, advocates, parents, and anyone in the general public interested in commenting on the standards. The survey was available for public input from late August through December 2014. The next step in the review was to hold a series of 13 stakeholder forums throughout the state between September and November 2015 to solicit additional input from the public about proposed changes to the minimum standards. Between the web-based survey and the stakeholder forums, CCL received almost three hundred comments (for both Chapters 748 and 749) from stakeholders for consideration in the review. These comments, along with a line-by-line review of all minimum standards conducted by both regional and State Office Licensing staff, formed the basis of the first round of recommendations that were then presented to a temporary workgroup. The 6

temporary workgroup, comprised of 13 participants, including providers from child-placing agencies and general residential operations and representatives from Child Protective Services, Residential Contracts, and Licensing, met twice on December 16, 2015 and February 2, 2016. The workgroup reviewed and provided additional comments regarding the recommendations. DFPS received some comments related to adoption services in the surveys and in the forums. After reviewing these comments and the related current minimum standards, DFPS decided to maintain the adoption minimum standards as they are currently written. However, DFPS will continue to look at minimum standard changes related to adoption over the next year to determine whether to propose any changes. To that end DFPS will hold workgroup meetings with providers and clients for further guidance on recommended changes. This comprehensive review includes changes to over two hundred minimum standards. Some of the changes are minimal (e.g. changing the cite to a rule, or deleting a masculine pronoun), other changes are small but have more of an impact (e.g. changing the treatment service terminology of "mental retardation" to "intellectual disability"), and still other changes are more complex and will have a wider impact. Below is a broad overview of some of the different areas and types of changes that DFPS is proposing: (1) Updating definitions and treatment service types; (2) A rewrite and reorganization of the Divisions 1, 2, and 8 of Subchapter C, Organization and Responsibilities, relating to Permit Holder Responsibilities; Governing Body; and Policies and Procedures. The focus of the rewrite and the reorganization is to clarify: (A) The plans, policies, and procedures that are required during the application process; and (B) A CPA's operational responsibilities, including responsibilities for notifications to Licensing. The rewrite is also intended to clarify confusion over a "permit holder's" and "governing body's" responsibilities; (3) Clarifying training requirements, for example: (A) Only permitting 10 hours of non-required pre-service training to be carried over to use as annual training during the upcoming year; and (B) Increasing the number of annual training hours that may come from selfinstructional training from 1/3 to 1/2; (4) Continuing to modify the rules to improve normalcy for children, for example: (A) Changing the Children's Rights rule to make the rights easier to understand and find by modifying the language of some of the rights and listing the rights under seven different categories (e.g. Safety and Care, Living a Normal Life, Discipline, etc.); 7

(B) Requiring a child 14 and older to review and sign the child's service plan; (C) Allowing more discretion by foster parents when monitoring the use of trampolines for older children; and (D) Allowing more discretion by foster parents when monitoring swimming activities for older children who are competent swimmers; (5) Clarify service planning requirements, for example: (A) Increasing the time to complete a service plan from 40 days to 45 days; (B) Permitting foster parent and parent notifications for a service planning meeting to come from other parties; (C) Permitting multiple meetings to complete the service planning meeting requirements; and (D) Permitting a single service plan to continue throughout the time a child is in residential care as long as the CPA completes a preliminary service plan at admittance and continues to review and update the plan; (6) Strengthening the minimum standards when it is necessary for the safety of children, for example: (A) Requiring older runaway children to be reported missing within two hours (this is already the requirement for younger children); (B) Restricting the use of e-cigarettes or any kind of vapors; and (C) Requiring transfer/closing summaries of foster homes to include a recommendation for verification in the future, including whether there would be any recommended limitations or restrictions on the verification; and (7) Allowing more discretion by providers while still ensuring the safety of children, for example: (A) Clarifying that electronic and digital signatures, including e-mail and electronic approvals, are appropriate; (B) Shortening the experience requirements for child placement staff and child placement management staff; (C) Clarifying that an emergency admission includes when a CPA has 72 hours to place a child; and (D) Modifying the requirement of a face-to-face contact every 15 days for children with primary medical needs to "twice every month with no more than 20 days between visits". Recommendation to propose rule changes in 40 TAC 745 Licensing, relating to enforcement actions and technical assistance* - Paul Morris, CCL. The Child Care Licensing (CCL) Division proposes to amend 40 TAC, Chapter 745, Licensing, Subchapters K 8

(Inspections and Investigations) and L (Remedial Actions). The recommended changes are needed to implement recommendations the Sunset Advisory Commission made in the Department of Family and Protective Services Staff Report with Commission Decisions published in August 2014 and required by Senate Bill (S.B.) 206, SECTIONS 81 and 82, that was passed by the 84th Texas Legislature in 2015. These sections respectively created Human Resources Code (HRC) 42.0704 and amended 42.078(a-2). HRC 42.0704 requires DFPS to adopt rules that outline a general enforcement policy that describes the department's approach to enforcement, including: A summary of the department's general expectations in enforcing HRC, Chapter 42; and A methodology for determining appropriate action to take when a permit holder violates Licensing laws or rules that allows the department to consider the circumstances of the particular case, the nature and seriousness of the violation, history of previous violations, and other aggravating and mitigating factors. HRC 42.0704 also requires the department to develop a plan for strengthening its enforcement efforts and for making objective regulatory decisions. Prior to the effective date of the rules proposed in this rule packet, Licensing will require all Licensing staff to receive training to promote staff's understanding of the policy and their ability to apply it appropriately and clearly explain it to providers. After the initial training, the concepts will be incorporated into Licensing's Basic Skills Development training, which all new Licensing staff receive, moving forward. Licensing's Performance Management Unit (PMU) performs quality assurance activities to ensure Licensing staff are adhering to policy and consistently enforcing licensing laws and regulations and will evaluate the effectiveness of the enforcement policy through a quality assurance review scheduled to be completed in early fiscal year 2018 (one year after implementation of the new enforcement policy). In addition, PMU risk analysts conduct neutral assessments of an operation's compliance history when Licensing staff identify the operation as having a compliance history that is at increased risk for children. As part of this process, PMU provides recommendations for enforcement actions and, six months later, reviews the operation's record to determine what enforcement action was taken and whether risk was reduced. This work enables Licensing to assess the effectiveness of the enforcement policy on an ongoing basis. The new version of HRC 42.078(a-2) expands the department's authority to impose administrative penalties before taking corrective action to all high risk violations, not just violations related to background checks. 9

Recommendation to propose rule changes in 40 TAC 744 Minimum Standards for School-Age and Before- and After-School Programs, 745 Licensing, 746 Minimum Standards for Child-Care Centers, and 747 Minimum Standards for Child Care Homes, relating to health and safety requirements, training on the health and safety requirements, and background checks* - Paul Morris, CCL. The Child Care Licensing (CCL) Division proposes to amend Chapter 744, Minimum Standards for School-Age and Before- and After-School Programs, Chapter 745, Licensing, Chapter 746, Minimum Standards for Child-Care Centers, and Chapter 747 Minimum Standards for Child Care Homes, to implement needed changes to comply with the Child Care and Development Block Grant Act of 2014 and Senate Bill 1496, 84th Regular Legislative Session. The Child Care and Development Block Grant (CCDBG) Act of 2014 (the "Act") is the first comprehensive revision of the Child Care and Development Fund (CCDF) program since 1998. (The CCDF is codified in 42 USC 9857 et seq.) The Texas Workforce Commission (TWC) administers the CCDF, which is the primary federal funding source devoted to providing low-income families with access to child care. The Act makes significant reforms to the CCDF programs to raise the health, safety, and quality of child care. The Act does this by mandating that states comply with a multitude of additional requirements in order to continue receiving CCDF funding. Although TWC is the lead agency for determining eligibility and distributing the subsidy monies, the Department of Family and Protective Services (DFPS) is the agency responsible for licensing child care operations, establishing health and safety regulations, and monitoring eligible operations for compliance. Many of the Act's additional requirements relate to the responsibilities of DFPS. The provisions of the Act that have a significant impact on the Child Care Licensing (CCL) relate to the following topics: health and safety requirements, training on the health and safety requirements, and background checks. The changes related to training will impact Licensed Child Care Centers (LCCCs), Before- School and After-School Programs (BAPs) and School-Age Programs (SAPs), Licensed Child Care Homes (LCCHs), and Registered Child Care Homes (RCCHs). The new health and safety training requirements mandated by the Act include the following topics for preservice training for LCCCs and BAPs and SAPs, orientation for LCCHs and RCCHs (LCCHs and RCCHs only have orientation requirements; they do not have pre-service training requirements), and annual training for all of the affected operation types: Food allergies; Handling, storing, and disposing of hazardous materials; More robust emergency preparedness plans; Administering medication; and Building and physical premises safety. 10

There were also some topics required by the Act that are already required in annual training, but are not currently required in the pre-service training for LCCCs and BAPs and SAPs, or orientation for LCCHs and RCCHs. The new and additional health and safety training requirements for pre-service training and orientation are as follows: For LCCCs and BAPs and SAPs, there is a new pre-service training requirement for precautions in transporting children if the operation transports a child whose chronological or developmental age is younger than nine years old; and For LCCHs and RCCHs, there are new orientation training requirements for: o Recognizing and preventing shaken baby syndrome; o Safe sleep practices; o Understanding early childhood brain development; and o Precautions in transporting children if the home transports a child whose chronological or developmental age is younger than nine years old. In addition to the training requirements the Act increases health and safety requirements for all affected operation types. The health and safety requirements correlate to some of the training topics, including requiring operations to: Obtain food allergy emergency plans for children with known food allergies, post a list of food allergies at the operation, and carry the child's emergency plan on field trips; and Use, store, and dispose of hazardous materials as recommended by the manufacturer. Finally, there will be additional requirements of the Act addressed in future rulemaking. With respect to background checks, Senate Bill (S.B.) 1496, 84th Regular Legislative Session, amended HRC 42.0523 and 42.056 in order to comply with the Act's requirements. A summary of the background check changes in response to the Act and S.B. 1496 include: Requiring Listed Family Homes that provide care to unrelated children to pay biennial background check fees of $ 2.00 per person; and Requiring Licensed Child Care Homes, Registered Child Care Homes, and Listed Family Homes that provide care to unrelated children to request fingerprint-based criminal history checks (these homes were previously only required to request namebased criminal history checks). There is also a transitional rule which clarifies which persons are required to have a fingerprint-based criminal history check and when the request for the checks are due 11

Recommendation to propose rule changes in 40 TAC 745 Licensing, 748 Minimum Standards for General Residential Operations, 749 Minimum Standards for Child- Placing Agencies, and 750 Minimum Standards for Independent Foster Homes, relating to normalcy* - Paul Morris, CCL. The Child Care Licensing (CCL) Division proposes to amend Chapter 745, Licensing, Chapter 748, Minimum Standards for General Residential Operations (GROs), Chapter 749, Minimum Standards for Child-Placing Agencies (CPAs), and Chapter 750, Minimum Standards for Independent Foster Homes, to implement changes related to normalcy. "Normalcy" is the ability of a child in care to live as normal a life as possible, including engaging in childhood activities that are suitable for children of the same age, level of maturity, and developmental level as determined by a reasonable and prudent parent standard. The recommended changes are needed to implement Senate Bill (S.B.) 1407 that was passed by the 84th Texas Legislature in 2015 and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy. Some changes to Chapter 749 related to normalcy became effective in December of 2014; these changes need to be updated. In addition, both S.B. 1407 and the federal law also require that normalcy apply to GROs, so Chapter 748 also needs to be updated. Finally, Chapters 745 and 750 are being updated for clarity and consistency. CCL has met with three different workgroups that have provided input and comments regarding these rules: On September 29, 2015, CCL met with a workgroup of providers and advocates that was organized by Texas CASA (Court Appointed Special Advocates); On October 7, 2015, CCL met with the Committee for Advancing Residential Practices; and On December 16, 2015, CCL met with a workgroup of providers. A summary of the changes related to normalcy include: Creating an independent Normalcy Division in both Chapter 748 and 749 to clarify and highlight the issues and make the rules related to normalcy easier to find; Clarifying that children must participate in childhood activities, including unsupervised childhood activities (activities that are away from and not supervised by the operation or foster home) as much as possible; Defining "normalcy" and the "reasonable and prudent parent standard"; Listing items that must be taken into consideration when making a reasonable and prudent decision on whether a child may participate in a childhood activity; Clarifying who will make decisions regarding whether a child may participate in a childhood activity; Clarifying that a child's participation in childhood activities must be discussed during service planning meetings; 12

Clarifying for a GRO that each GRO must designate one or more persons to make these normalcy decisions for a child; Clarifying for a GRO which persons may be designated to make normalcy decisions; Requiring two hours of pre-service training regarding normalcy for foster parents and certain employees of GROs and CPAs; Requiring that two hours of normalcy training be included in the mandated annual training for all caregivers; Providing a list of curriculum components that must be included in the pre-service training regarding normalcy and annual normalcy training; and Clarifying in Chapter 745 how the reasonable and prudent parent standard will be used by CCL during investigations Recommendation to propose rule changes in 40 TAC, Chapter 745 Licensing, relating to definitions for Licensing, applications, and the renewal of permits* - Paul Morris, CCL. The Child Care Licensing (CCL) Division proposes to amend Chapter 745, Licensing, Subchapter A (Precedence and Definitions), relating to definitions for Licensing; and Chapter 745, Licensing, Subchapters D (Application Process) and K (Inspections and Investigations), relating to applications and to implement the renewal of permits. The recommended changes are needed to: implement recommendations the Sunset Advisory Commission made in the Department of Family and Protective Services Staff Report with Commission Decisions published in August 2014 and required by Senate Bill (S.B.) 206, SECTIONS 77, 78, and 79, that was passed by the 84th Texas Legislature in 2015 relating to the renewal of permits; make conforming changes in Subchapters D and K relating to the implementation of a renewal process; and make other clarifying changes and updates to Subchapters A and D as part of Licensing's comprehensive review of all Licensing rules and minimum standards. S.B. 206 amended 42.048, 42.050, and 42.052 of the Human Resources Code (HRC). The amended statute requires a renewal process for child care licenses, certifications, and registrations and directs DFPS to develop rules relating to: renewal periods; a process for staggered renewals; a process for resolving a late application for renewal; expiration dates; and conditions for renewal. A summary of the changes related to permit renewal includes: Defining the terms "full license," "full permit," and "initial license;" 13

Removing references to a "non-expiring" permit or license; Requiring the renewal of a full license, certificate, and registration every two years to avoid expiration; Designating a "renewal period" during which the operation is to apply for renewal of its permit; Allowing an operation 30 additional days after the renewal period to apply for renewal if the operation is late in applying; Staggering the renewals so that all affected operations would not have to renew their permits at the same time; Outlining what an operation must submit as part of a renewal application; Detailing what happens after Licensing receives a renewal application; Explaining under what circumstances a permit expires and how an expired permit affects an operation ; Adding language to indicate a full license is effective as long as it has not expired; Clarifying that a permit is subject to renewal requirements even if an enforcement action is being taken by Licensing; Requiring a registered home or licensed operation to apply for renewal if the permit is due for renewal while it is voluntarily suspended; and Requiring an operation to post the written notice of the permit's renewal. DFPS is also requesting HHSC to propose changes to Chapter 745, Subchapter D (Application Process), that are not related to permit renewal. HRC 42.042(b) requires DFPS to evaluate rules at least every six years. In addition, part of Licensing s business plan is to review, analyze, and update rules to strengthen the protection of children in out-of-home care and improve providers' understanding of the rules. DFPS has revised the proposed rules to clarify and update rules with current laws and practices in the industry. DFPS will request HHSC to propose changes to the remaining Subchapters in Chapter 745 at a later date. Old Business. Recommendation to adopt rule changes in 40 TAC, Chapter 700, Subchapter M, Substitute Care Services, relating to Notice of Significant Events* - Audrey Carmical, Legal Services. The Council should recommend for adoption these rules which were presented at the Fevruary Council meeting. Public comments were considered but no changes were made. MOTION: Recommendation for adoption prevailed. 14

Adjourn. There being no further business the meeting was adjourned. The information contained in this publication is the property of Texas Insight and is considered confidential and may contain proprietary information. It is meant solely for the intended recipient. Access to this published information by anyone else is unauthorized unless Texas Insight grants permission. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted in reliance on this is prohibited. The views expressed in this publication are, unless otherwise stated, those of the author and not those of Texas Insight or its management. 15