Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 3 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
Subchapter B - MEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES
Section 3.67 - Texas Department of Protective and Regulatory Services (PRS)
Universal Citation: 26 TX Admin Code § 3.67
Current through Reg. 50, No. 13; March 28, 2025
(a) Financial and service responsibilities to persons with disabilities.
(1) Protective
services for children and adults.
(A) Child
Protective Services (CPS) is the branch of the Texas Department of Protective
and Regulatory Services (PRS) that provides services to children at risk of
abuse or neglect and to their families. These services include:
intake/investigation of abuse/neglect referrals, in-home services, truant and
runaway services, removal services, substitute care, family reunification, and
adoption. Child protective services are provided without regard to income. If
the court orders removal of a child from the child's home and places the child
in the conservatorship of the state, foster care maintenance payments are made
to the substitute care provider. Children in foster care are also eligible for
Medicaid.
(B) The Adult Protective
Services (APS) Program of PRS investigates reports of abuse, neglect, or
exploitation of elderly adults and adults with disabilities. When a report is
validated, APS provides or arranges for services to remedy the situation in the
least restrictive manner possible. Ongoing APS services provided include direct
casework, specialized support services, and guardianship services. All services
provided are voluntary, except in cases in which a client:
(i) requires services to alleviate a threat
to life;
(ii) the client is
refusing services; and
(iii) the
client does not appear to have the capacity to understand the
situation.
(C) PRS also
has the responsibility of overseeing investigations of abuse, neglect, or
exploitation conducted by other state agencies which operate, license, certify,
or register facilities for persons with disabilities. PRS receives and reviews
complaints about these investigations. Of the 30,235 clients served in fiscal
year (FY) 1992, 34% (10,171) were nonelderly persons with disabilities. PRS
expects to provide APS services to approximately 11,518 nonelderly persons with
disabilities in FY 1993.
(2) Licensing.
(A) The Licensing Department of PRS regulates
facilities that provide out-of-home care for children and regulates
child-placing agencies that place children for foster care, residential child
care, and adoption. The Child Day Care Licensing Program is responsible for
regulating day care centers, kindergartens, and nursery schools; schools,
grades kindergarten and above; drop-in care centers; group day care homes; and
registered family homes.
(B) The
Residential Child Care Licensing Program is responsible for regulating
institutions providing basic child care, residential treatment centers, halfway
houses, therapeutic camps, institutions serving mentally retarded children,
emergency shelters, foster group homes, foster family homes, child-placing
agencies, and maternity homes.
(C)
The Licensing Program develops minimum standards, evaluates applications for
licensure, certification, and registration, and monitors regulated facilities
on an ongoing basis for compliance with minimum standards. Licensing staff
investigate complaints and serious incidents in regulated facilities and
allegations of illegal operation. Specialized staff investigate allegations of
abuse and neglect in regulated child care facilities and allegations of illegal
child-placing activities.
(b) Service delivery data.
(1) PRS has a variety of data identifying the
type of services, the number of clients receiving services, and expenditure
data for all programs. The most comprehensive PRS documents that contain
service delivery and expenditure data are:
(A) the legislative appropriations request
(LAR), a document prepared and submitted to the Legislative Budget Board and
the governor's Budget Office prior to each legislative session. It contains
PRS's request for appropriations for the next biennium based on four levels of
funding for each program and activity. It also provides a summary of PRS's
request. Specifically, it provides the objective and a description of each
program and activity as well as data for need indicators, performance measures,
object of expense, and method of finance for a five-year period. This period
includes two years of the appropriations request and the three previous
years;
(B) the fiscal year
operating plan is the budget for PRS based on appropriations received. It
contains a breakdown of budgeted dollars by program area and activity at the
state level. For each program, the document states the need, the description of
program activities, the budget allocation for each activity, the performance
measures or units of service, and the method of finance. The allocation covers
the current fiscal year and the two previous years;
(C) the annual report is a fiscal-year
description of PRS services, a review of the services, and an accounting of PRS
expenditures. The report contains a section of statistics that depicts
estimated expenditures by method of finance, benefit expenditures by region, a
summary of agency information by county, aged and disabled benefits by county,
families and children benefits by county, and data concerning the regulation of
child care facilities. In addition to client data, PRS has demographic data
from the 1985 Special Texas Census and population estimates and projections
from the Texas Department of Health. The 1985 Special Texas Census was a
mailout survey to the general population of Texas. It was a data collection
effort comprising a sample of 22,000 Texas households to identify human service
needs in support of the Texas Department of Human Services' (DHS's) budget and
planning process. With a response rate of over 64% of the valid sample, data
was collected for more than 12,300 households or over 33,000 individuals. The
data collected for each person concentrated on money income; demographics (age,
sex, race/ethnicity, marital status, language, and education); employment
status; medical insurance coverage; medical utilization; disability; functional
impairment; help available for persons with disabilities; child care; child
support payment; knowledge about runaways; child abuse and/or neglect; and
family violence shelters. Based on the response rate and the selection of data
variables, data may provide adequate representation for the state and for DHS
regions.
(2) PRS service
delivery and demographic data may be requested from the Office of Public
Information, (512) 450-3645.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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