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Texas Human Resources Code - Chapter 40 Department Of Family And Protective Services

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  • Texas Human Resources Code Section 40.001 - Definitions
    In this subtitle: (1) Repealed by Acts 2005, 79th Leg., ch. 268, § 1.129(1). (2) "Commission" means the Health and Human Services Commission. (2-a) "Council" ...
  • Texas Human Resources Code Section 40.002 - Department Of Family And Protective Services; General Duties Of Department
    (a) The Department of Family and Protective Services is composed of the council, the commissioner, an administrative staff, and other officers and employees necessary to ...
  • Texas Human Resources Code Section 40.003 - Sunset Provision
    The Department of Family and Protective Services is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that ...
  • Texas Human Resources Code Section 40.004 - Public Interest Information And Public Access
    (a) The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on ...
  • Texas Human Resources Code Section 40.0041 - Complaint Process
    (a) The department shall develop and implement a uniform process for receiving and resolving complaints against the department throughout the state. The process shall include: ...
  • Texas Human Resources Code Section 40.005 - Confidentiality Of Information
    (a) The department shall establish and enforce rules governing the custody, use, and preservation of the department's records, papers, files, and communications. (b) The department ...
  • Texas Human Resources Code Section 40.006 - Application Of Other Laws
    The department is subject to Chapters 551, 2001, and 2002, Government Code. Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, ...
  • Texas Human Resources Code Section 40.007 - Reporting Requirement; Professional Fees
    (a) The department shall include in any report required by law concerning the department's expenditures information relating to fees for professional or consultative services provided ...
  • Texas Human Resources Code Section 40.008 - Program Accessibility
    The department shall comply with federal and state laws related to program and facility accessibility. The department shall also prepare and maintain a written plan ...
  • Texas Human Resources Code Section 40.021 - Family And Protective Services Council
    (a) The Family and Protective Services Council is created to assist the commissioner in developing rules and policies for the department. (b) The council is ...
  • Texas Human Resources Code Section 40.022 - Appointments
    (a) Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (b) ...
  • Texas Human Resources Code Section 40.0226 - Training Program For Council Members
    (a) A person who is appointed as a member of the council may not vote, deliberate, or be counted as a member in attendance at ...
  • Texas Human Resources Code Section 40.024 - Terms; Vacancy
    (a) Members of the council serve for staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year. (b) A ...
  • Texas Human Resources Code Section 40.025 - Reimbursement For Expenses
    A council member may not receive compensation for service as a member of the council but is entitled to reimbursement for travel expenses incurred by ...
  • Texas Human Resources Code Section 40.026 - Presiding Officer; Other Officers; Meetings
    (a) The governor shall designate a member of the council as the presiding officer to serve in that capacity at the pleasure of the governor. ...
  • Texas Human Resources Code Section 40.027 - Commissioner
    (a) The executive commissioner shall appoint a commissioner in accordance with Section 531.0056, Government Code. The commissioner is to be selected according to education, training, ...
  • Texas Human Resources Code Section 40.030 - Advisory Committees
    The executive commissioner or the executive commissioner's designee may appoint advisory committees in accordance with Chapter 2110, Government Code. Added by Acts 1995, 74th Leg., ...
  • Texas Human Resources Code Section 40.0305 - Strategic Use Of Technology Steering Committee
    (a) The department shall continually explore the strategic use of technology as a means to improve services, reduce workload burdens, increase accountability, and enhance the ...
  • Texas Human Resources Code Section 40.03051 - Paperless Information Exchange Pilot Program
    Text of section effective until September 1, 2009 (a) The department shall develop and implement a pilot program to allow the paperless exchange of ...
  • Texas Human Resources Code Section 40.031 - Divisions Of Department
    (a) The executive commissioner may establish divisions within the department as necessary for efficient administration and for the discharge of the department's functions. (b) The ...
  • Texas Human Resources Code Section 40.0315 - Investigation Unit For Adult Protective Services
    (a) The adult protective services division of the department shall maintain an investigation unit to investigate allegations of abuse, neglect, and exploitation of elderly and ...
  • Texas Human Resources Code Section 40.032 - Personnel
    (a) The executive director may employ personnel necessary to administer the department's duties. (b) The executive director or the executive director's designated representative shall develop ...
  • Texas Human Resources Code Section 40.0321 - Salary Supplementation By County Or Municipality
    (a) A county or municipality may supplement, from its own funds, the salary of a department employee whose duties include providing services as part of, ...
  • Texas Human Resources Code Section 40.0322 - Qualifications For Adult Protective Services Personnel; Recruitment
    (a) In hiring department employees whose duties include providing services as part of, or relating to, the provision of adult protective services directly to an ...
  • Texas Human Resources Code Section 40.0323 - Coordination Regarding Recruitment For And Curriculum Of Certain Certificate Or Degree Programs
    Subject to the availability of funds, the department and the Texas Higher Education Coordinating Board jointly shall develop strategies to: (1) promote certificate or degree ...
  • Texas Human Resources Code Section 40.0324 - Caseworker Replacement Program
    (a) To the extent that funding is available, the department shall develop a program to provide for the timely replacement of caseworkers with trainees hired ...
  • Texas Human Resources Code Section 40.033 - Merit System
    (a) The department may establish a merit system for its employees. (b) The merit system may be maintained in conjunction with other state agencies that ...
  • Texas Human Resources Code Section 40.034 - Prohibited Activities By Former Officers Or Employees
    (a) For one year after the date on which a former officer or employee of the department terminates service or employment with the department, the ...
  • Texas Human Resources Code Section 40.035 - Training Program For Adult Protective Services; Continuing Education
    (a) The department shall develop and implement a training program that each newly hired or assigned department employee must complete before: (1) initiating an investigation ...
  • Texas Human Resources Code Section 40.036 - Enhanced Training Of Child Protective Services Caseworker
    To improve the quality and consistency of training provided to child protective services caseworkers, the department shall: (1) augment classroom-based training with a blended learning ...
  • Texas Human Resources Code Section 40.0505 - Powers And Duties Of Commissioner Of Health And Human Services
    The commissioner of health and human services has the powers and duties relating to the board and executive director as provided by Section 531.0055, Government ...
  • Texas Human Resources Code Section 40.051 - Strategic Plan For Department
    The department shall develop a departmental strategic plan based on the goals and priorities stated in the commission's coordinated strategic plan for health and human ...
  • Texas Human Resources Code Section 40.0515 - Quality Assurance Program For Adult Protective Services; Quarterly Reports
    (a) The department shall develop and implement a quality assurance program for adult protective services provided by or on behalf of the department. (b) In ...
  • Texas Human Resources Code Section 40.052 - Duties Relating To Delivery Of Services
    The department shall: (1) propose and implement service delivery standards for departmental programs; (2) provide training and technical assistance to regional and local service providers; ...
  • Texas Human Resources Code Section 40.0521 - Rules Regarding Domestic Violence
    (a) The department shall adopt and implement rules that require an investigating employee to document indications of domestic violence, including elder, spousal, and child abuse. ...
  • Texas Human Resources Code Section 40.0522 - Community Education And Training Relating To Child Abuse Or Neglect
    (a) The department shall assure the availability of community education programs designed to improve participation of the general public in preventing, identifying, and treating cases ...
  • Texas Human Resources Code Section 40.0523 - Infant Mortality Prevention Education Program
    (a) The department and the Children's Trust Fund of Texas Council jointly shall develop and implement a statewide education program designed to prevent infant mortality. ...
  • Texas Human Resources Code Section 40.0524 - Multidisciplinary Teams
    (a) To the extent possible, the department shall establish multidisciplinary teams to provide services relating to a report of child abuse or neglect. A multidisciplinary ...
  • Texas Human Resources Code Section 40.0525 - Separation Of Investigatory And Service Delivery Functions
    (a) To the extent feasible, the department shall separate the performance of investigations by department employees from the delivery of services to clients and their ...
  • Texas Human Resources Code Section 40.0526 - Building Community Partnerships To Support Children And Families
    (a) The department shall develop a statewide strategy to build alliances and networks at the local level that support the detection and treatment of child ...
  • Texas Human Resources Code Section 40.0527 - Public Awareness
    (a) Subject to the availability of funds, the executive commissioner by rule shall develop and the department shall implement a statewide public awareness campaign designed ...
  • Texas Human Resources Code Section 40.0528 - Comprehensive Staffing And Workload Distribution Plan For Child Protective Services
    (a) The department shall develop and implement a staffing and workload distribution plan for the child protective services program to: (1) reduce caseloads; (2) enhance ...
  • Texas Human Resources Code Section 40.053 - Duty To Perform Other Functions
    The department shall perform other functions as required by law. Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995. ...
  • Texas Human Resources Code Section 40.054 - Access To Criminal History
    Subject to the availability of funds appropriated by the legislature, the department is entitled to obtain any criminal history information from records maintained by: (1) ...
  • Texas Human Resources Code Section 40.055 - Legislative Appropriation Request
    The department shall submit any legislative appropriation request to the commission for comment and for incorporation into the commission's consolidated health and human services budget ...
  • Texas Human Resources Code Section 40.056 - Use Of Funds
    (a) Notwithstanding any other provision of law, the department may extend the scope of its programs to the extent necessary to ensure that federal matching ...
  • Texas Human Resources Code Section 40.0561 - Community Youth Development Grants
    (a) Subject to available funding, the department shall award community youth development grants to communities identified by incidence of crime. The department shall give priority ...
  • Texas Human Resources Code Section 40.0562 - Federal Funding For Certain Children
    (a) For purposes of Medicaid eligibility only, the department shall classify as a "child in substitute care" each child who is in the conservatorship of ...
  • Texas Human Resources Code Section 40.0563 - Federal Reimbursement For Foster Care Costs
    The department shall work with the Health and Human Services Commission to develop methods to maximize the amount of federal reimbursement funds received under: (1) ...
  • Texas Human Resources Code Section 40.0564 - Department Funds
    All money paid to the department under this chapter is subject to Subchapter F, Chapter 404, Government Code. Added by Acts 1997, 75th Leg., ch. ...
  • Texas Human Resources Code Section 40.0565 - Report
    The department shall file with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for ...
  • Texas Human Resources Code Section 40.0566 - County Outreach Program
    (a) The department shall develop and implement a standard statewide outreach program under which the department: (1) informs each county of the availability of federal ...
  • Texas Human Resources Code Section 40.057 - Gifts And Grants
    The department may accept a gift or grant from a public or private source to perform any of the department's powers or duties. Added by ...
  • Texas Human Resources Code Section 40.058 - Contracts And Agreements
    (a) The department may enter into contracts or agreements with any person, including a federal, state, or other public or private agency, as necessary to ...
  • Texas Human Resources Code Section 40.059 - Fees
    The department may set and charge appropriate fees in the administration and delivery of services. Added by Acts 1995, 74th Leg., ch. 920, § 1, ...
  • Texas Human Resources Code Section 40.060 - Indemnification For Legal Expenses
    If a present or former employee of the department who is or was involved in activities relating to the protection of children or elderly or ...
  • Texas Human Resources Code Section 40.061 - Immunity
    (a) A department employee, a member of a multidisciplinary team established under Section 40.0524, or an authorized department volunteer who performs a departmental duty or ...
  • Texas Human Resources Code Section 40.062 - Exemption From Certain Costs And Fees
    The department is not required to pay any cost or fee otherwise imposed for court proceedings or other services, including a: (1) filing fee or ...
  • Texas Human Resources Code Section 40.063 - Exceptions From Certain Provisions Of Administrative Procedure Act
    Section 2001.038 and Subchapters C through H, Chapter 2001, Government Code, do not apply to the granting, payment, denial, or withdrawal of financial or medical ...
  • Texas Human Resources Code Section 40.064 - Interagency Cooperation And Exchange Of Information
    (a) The department may execute a memorandum of understanding with another state agency to facilitate the implementation of a program or the delivery of a ...
  • Texas Human Resources Code Section 40.065 - Communications Officer; Plan
    (a) The department shall designate one or more department employees to be primarily responsible for communicating with the public regarding the department's powers and duties. ...
  • Texas Human Resources Code Section 40.066 - Cooperation With State Office Of Administrative Hearings
    (a) Except as provided by Subsection (e), the department and the chief administrative law judge of the State Office of Administrative Hearings shall adopt a ...
  • Texas Human Resources Code Section 40.067 - Delivery Of Services In Areas Bordering United Mexican States
    The department shall: (1) study issues related to providing child and adult protective services in areas bordering the United Mexican States; (2) develop a plan ...
  • Texas Human Resources Code Section 40.068 - Local Accounts
    (a) The department may establish and maintain local bank or savings accounts for a client of the department as necessary to administer funds belonging to ...
  • Texas Human Resources Code Section 40.069 - Required Affidavit For Applicants For Employment
    (a) An applicant for temporary or permanent employment with the department whose employment or potential employment with the department involves direct interactions with or the ...
  • Texas Human Resources Code Section 40.070 - Support Services For Certain Families
    (a) If the department places a child who is in the conservatorship of the state in the home of a grandparent of the child, the ...
  • Texas Human Resources Code Section 40.071 - Drug-Endangered Child Initiative
    The department shall establish a drug-endangered child initiative aimed at protecting children who are exposed to methamphetamine or to chemicals and other hazardous materials used ...
  • Texas Human Resources Code Section 40.072 - Duty To Report; Department Records
    (a) To the extent that reporting does not interfere with an ongoing criminal investigation, the Department of Public Safety and each local law enforcement agency ...
  • Texas Human Resources Code Section 40.073 - Parental Advisory Committee
    (a) The Parental Advisory Committee shall advise the department on policies affecting parents and their involvement with the department, including: (1) investigations of allegations of ...
  • Texas Human Resources Code Section 40.101 - Definitions
    In this subchapter: (1) "Children's trust fund" means a child abuse and neglect primary prevention program. (2) "Primary prevention" means services and activities available to ...
  • Texas Human Resources Code Section 40.102 - Child Abuse And Neglect Primary Prevention Programs
    (a) The department shall operate the children's trust fund to: (1) set policy, offer resources for community primary prevention programs, and provide information and education ...
  • Texas Human Resources Code Section 40.104 - Administrative And Other Costs
    (a) Administrative costs under this subchapter during any fiscal year may not exceed an amount equal to 50 percent of the interest credited to the ...
  • Texas Human Resources Code Section 40.105 - Child Abuse And Neglect Prevention Trust Fund Account
    (a) The child abuse and neglect prevention trust fund account is an account in the general revenue fund. (b) The department may transfer money contained ...
  • Texas Human Resources Code Section 40.106 - Department Operating Fund Account
    (a) The Department of Protective and Regulatory Services child abuse and neglect prevention operating fund account is an account in the general revenue fund. (b) ...
  • Texas Human Resources Code Section 40.107 - Contributions
    (a) The department may solicit contributions from any appropriate source. (b) Any other contributions for child abuse and neglect primary prevention or other prevention and ...
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    Last modified: August 10, 2007