TO:
Health and Human Services Commission Council
DATE:
November 21, 2014
FROM:
Laurie Shannon, Community Access and Services
SUBJECT: Item 5.a. Family Violence Program
BACKGROUND: Federal Requirement
Legislative Requirement
Other
The Family Violence Program promotes self-sufficiency, safety, and long-term independence
from family violence for adult victims and their children. The program provides emergency
shelter and support services, educates the public, and provides training and prevention support to
various agencies. HHSC administers the program under the authority of Chapter 51 of the Texas
Human Resources Code. HHSC contracts with three types of local family violence centers and
organizations to carry out its Family Violence Program: shelter centers, special residential
projects, and nonresidential centers.
The proposed amendments clarify the circumstances under which shelter centers, special
nonresidential projects, and nonresidential centers may provide services to persons under the age
of 18, including unaccompanied minors. The rule package contains proposed amendments to
rules §§379.610–379.611, governing shelter centers; §379.1308, governing special
nonresidential projects; and §379.2009, governing nonresidential centers. HHSC proposes the
rule amendments to provide clear guidance to family violence service providers.
Under Texas Family Code §§ 32.201 and 32.202, an “emergency shelter facility” may provide
emergency shelter or care to a minor and the minor’s child or children, if any. Under S.B. 353,
83rd Legislature, Regular Session, 2013, the Texas Legislature clarified that a shelter center
participating in the Family Violence Program could provide emergency shelter or care to a
minor, even if the shelter center does not have a license to operate a childcare facility. In
response, the Executive Commissioner of HHSC amended 40 Tex. Admin. Code § 745.129,
effective March 1, 2014.
The proposed amendments to §379.610 clarify standards for shelter centers that provide shelter
or care to an unaccompanied minor seeking emergency shelter or care under Texas Family Code
§§ 32.201 and 32.202. The amended rule dictates how long services may be provided to these
clients and when the shelter center may provide services beyond the initial 15 days. The
proposed amendment also addresses shelter services provided to a victim of family violence who
is under the age of 18, but is either married or legally emancipated.
The revisions to rules § 379.611, concerning shelter centers; § 379.1308, concerning special
nonresidential projects; and § 379.2009, concerning nonresidential centers, clarify the
circumstances under which a nonresidential service may be provided to a person under the age of
18. The amended rules refer to requirements in Texas Family Code, Chapter 32.
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ISSUES AND ALTERNATIVES:
None.
STAKEHOLDER INVOLVEMENT:
Stakeholders for this project included domestic violence shelters, nonresidential centers, special
nonresidential projects, and the Texas Council on Family Violence (TCFV). Using stakeholder
input, staff of HHSC's Family Violence Program and TCFV worked together to develop the rules
and standards.
FISCAL IMPACT:
None
SERVICES IMPACT STATEMENT:
The proposed rules will have no impact on clients. However, it will have an impact on service
providers, in that they will be able to serve unaccompanied minors under guidance of the Texas
Administrative Code.
RULE DEVELOPMENT SCHEDULE:
November 21, 2014
December 2014
February 2015
March 1, 2015
Present to HHSC Council
Publish proposed rule in the Texas Register
Publish adopted rule in the Texas Register
Effective date
REQUESTED ACTION:
The Council recommends to the Executive Commissioner that the proposed rules be
published in the Texas Register and later adopted should there be no substantive
comment.
2
TITLE 1
PART 15
CHAPTER 379
SUBCHAPTER B
DIVISION 6
RULE § 379.610
RULE § 379.611
SUBCHAPTER C
DIVISION 6
RULE § 379.1308
SUBCHAPTER D
DIVISION 6
RULE § 379.2009
ADMINISTRATION
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
FAMILY VIOLENCE PROGRAM
SHELTER CENTERS
PROGRAM ADMINISTRATION
Emergency [24-Hour-a-Day] Shelter or Care [Services] for [to] an
Unaccompanied Minor [Family Violence Victims less than 18
Years Old]
Nonresidential Services for a Person Under [Family Violence
Victim who is Less than] 18 Years of Age.
SPECIAL NONRESIDENTIAL PROJECTS
PROGRAM ADMINISTRATION
Nonresidential Services for a Person Under [Family Violence
Victim Who is Less than] 18 Years of Age [Old]
NONRESIDENTIAL CENTERS
PROGRAM ADMINISTRATION
Nonresidential Services for a Person Under [Family Violence
Victim Who is Less than] 18 Years of Age [Old]
PROPOSED PREAMBLE
The Health and Human Services Commission (HHSC) proposes amendments to §379.610,
concerning 24-Hour-a-Day Shelter Services to Family Violence Victims less than 18 Years Old;
§379.611, concerning Nonresidential Services for a Family Violence Victim who is Less than 18
Years Old; §379.1308, concerning Special Nonresidential Services for a Family Violence Victim
Who is Less than 18 Years Old; and §379.2009, concerning Services for a Family Violence
Victim Who is Less than 18 Years Old.
Background and Justification
The Family Violence Program promotes self-sufficiency, safety, and long-term independence
from family violence for adult victims and their children. The program provides emergency
shelter and support services, educates the public, and provides training and prevention support to
various agencies. HHSC contracts with three types of local family violence centers and
organizations to carry out its Family Violence Program: shelter centers, special residential
projects, and nonresidential centers.
Under Texas Family Code §§32.201 and 32.202, an “emergency shelter facility” may provide
emergency shelter or care to a minor and the minor’s child or children, if any. Under S.B. 353,
83rd Legislature, Regular Session, 2013, the Legislature clarified that a shelter center
participating in the Family Violence Program could provide emergency shelter or care to a
minor, even if the shelter center does not have a license to operate a childcare facility. In
response, the Executive Commissioner of HHSC amended 40 Tex. Admin. Code §745.129,
effective March 1, 2014.
The proposed amendments to §379.610, §379.611, §379.1308, and §379.2009 clarify the
circumstances under which shelter centers, special non-residential projects, and nonresidential
3
centers may provide services to persons under the age of 18, including unaccompanied minors.
HHSC proposes these amendments to provide clear guidance to family violence service
providers.
Section-by-Section Summary
The proposed amendment to rule §379.610 clarifies when a shelter center may provide
emergency shelter or care to an unaccompanied minor under Texas Family Code §§32.201–
32.202. The amended rule dictates how long services may be provided to these clients and when
the shelter center may provide services beyond the initial 15 days. The proposed amendment also
addresses shelter services provided to a victim of family violence who is under the age of 18 and
is either married or legally emancipated.
The proposed amendment to rule §379.611 amends when a shelter center may provide
nonresidential services to a person under 18 years of age, including certain circumstances under
Texas Family Code §§32.201, 32.202, and 32.004. The proposed amendment requires the shelter
center’s compliance with Texas Family Code, Chapter 32, if consent was not obtained from the
minor’s parent, managing conservator, or guardian. The proposed amendment also addresses the
provision of a nonresidential service to a person under 18 years of age who is either married, has
been married, or has been legally emancipated.
The proposed amendment to rule §379.1308 clarifies when a special nonresidential project
contractor may provide a nonresidential service to a person under 18 years of age, including
certain circumstances under Texas Family Code §32.004. The proposed amendment requires the
contractor’s compliance with Texas Family Code, Chapter 32, if consent was not obtained from
the minor’s parent, managing conservator, or guardian. The proposed amendment also addresses
the provision of a nonresidential service to a person under 18 years of age who is either married,
has been married, or has been legally emancipated.
The proposed amendment to rule §379.2009 clarifies when a nonresidential center may provide a
nonresidential service to a person under 18 years of age, including circumstances under Texas
Family Code §32.004. The proposed amendment requires a nonresidential center’s compliance
with Texas Family Code, Chapter 32, if consent was not obtained from the minor’s parent,
managing conservator, or guardian. The proposed amendment also addresses the provision of a
nonresidential service to a person under 18 years of age who is married, has been married, or has
been legally emancipated.
The titles of §379.610, §379.611, §379.1308, and §379.2009 are amended to reflect the subject
matter of each amended rule.
Fiscal Note
Greta Rymal, Deputy Executive Commissioner for Financial Services, has determined that, for
each year of the first five years the proposed amendments are in effect, there are no anticipated
implications relating to costs or revenues of state or local governments.
Ms. Rymal does not anticipate that there will be an economic cost to persons who are required to
comply with the proposed rules for each year of the first five years the rules are in effect. There
is no anticipated effect on employment in a local economy.
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Small Business and Micro-business Impact Analysis
HHSC has determined that there will be no adverse effect on small businesses or microbusinesses to comply with the proposal, because the providers to whom the proposed rules apply
do not meet the definition of a small business or a micro-business. By law, a Family Violence
Program service provider must be a public or private nonprofit organization.
Public Benefit
Stephanie Muth, Deputy Executive Commissioner for Social Services, has determined that, for
each year of the first five years the amendments are in effect, the anticipated public benefit
expected as a result of enforcing the amendments is that the updated Family Violence Program
rules will better clarify program standards for providing services to unaccompanied minors.
Regulatory Analysis
HHSC has determined that this proposal is not a "major environmental rule" as defined by
§2001.0225 of the Texas Government Code. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment or reduce risks to human health
from environmental exposure and that may adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the environment, or the public health and
safety of a state or a sector of the state. This proposal is not specifically intended to protect the
environment or reduce risks to human health from environmental exposure.
Takings Impact Assessment
HHSC has determined that this proposal does not restrict or limit an owner's right to his or her
private real property that would otherwise exist in the absence of government action and,
therefore, does not constitute a taking under §2007.043 of the Texas Government Code.
Public Comment
Written comments on the proposal may be submitted to Denise Walch, Health and Human
Services Commission, Family Violence Program, MC-2010, 909 West 45th Street, Austin, TX
78751, or by e-mail to denise.walch@hhsc.state.tx.us, within 30 days after publication of this
proposal in the Texas Register.
Statutory Authority
The amendments are proposed under Texas Government Code §531.0055, which provides the
Executive Commissioner of HHSC with rulemaking authority; and Texas Human Resources
Code §51.010, which allows the Executive Commissioner to adopt rules to implement a program
to promote development of and access to locally based and supported nonprofit services for
victims of family violence throughout the state.
The amendments implement Texas Government Code, Chapter 531, and Texas Human
Resources Code, Chapter 51. No other statutes, articles, or codes are affected by this proposal.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to
be within the agency's legal authority to adopt.
5
TITLE 1
PART 15
COMMISSION
CHAPTER 379
SUBCHAPTER B
DIVISION 6
RULE § 379.610
ADMINISTRATION
TEXAS HEALTH AND HUMAN SERVICES
FAMILY VIOLENCE PROGRAM
SHELTER CENTERS
PROGRAM ADMINISTRATION
Emergency [24-Hour-a-Day] Shelter or Care [Services] for [to] an
Unaccompanied Minor [Family Violence Victims less than 18 Years
Old]
(a) For purposes of this section,
(1) "Emergency shelter or care" means shelter or care provided by a shelter center under
Texas Family Code §§ 32.201 and 32.202.
(2) "Minor" means a person under 18 years of age who:
(A)
is not and has not been married; or
(B)
has not had the disabilities of minority removed for general purposes.
(3) "Unaccompanied minor" means a minor who is not accompanied at the shelter center by
the minor's parent, managing conservator, or guardian.
(b) A shelter center may provide emergency shelter or care to an unaccompanied minor and the
minor’s child or children, if any, only during an emergency constituting an immediate danger to
the physical health and safety of the minor or the minor's child(ren).
(c) Except as provided in subsection (d) of this section, a shelter center may not provide
emergency shelter or care to an unaccompanied minor or the minor’s child(ren) after the 15th
day following the date on which the center began to provide the shelter or care.
(d) With or without the consent of the minor’s parent, managing conservator, or guardian, the
shelter center may continue to offer emergency shelter or care to an unaccompanied minor and
the minor’s child(ren), if any, after the 15th day if the minor:
(1) is unmarried and is pregnant or is the parent of a child;
(2) has qualified for financial assistance under Texas Human Resources
Code, Chapter 31, and is on the waiting list for housing assistance; or
(3) is 16 years of age or older; and
(A) resides separate and apart from the minor’s parent, managing conservator, or
guardian, regardless of whether the parent, managing conservator, or guardian consents to
the residence and regardless of the duration of the residence; and
6
(B) manages the minor’s own financial affairs, regardless of the source of income.
(e) The shelter center may rely on the minor’s written statement containing the grounds on which
the minor has the capacity to consent to emergency shelter or care.
(f) A victim of family violence under 18 years of age may consent to 24-hour-a-day shelter
services provided by a shelter center, at any time and for any duration, if:
(1) the victim is married or has been married; or
(2) the victim has had the disabilities of minority removed for general purposes (i.e., is
legally emancipated).
[(a) The center can only provide 24-hour-a-day shelter to a victim of family violence less than 18
years old if:]
[(1) the minor victim is:]
[(A) accompanied by a parent or legal guardian;]
[(B) legally emancipated;]
[(C) married or has been married;]
[(D) experiencing an emergency that constitutes an immediate danger to the physical health or
safety of the minor or the minor's child or children; or]
[(2) the center is licensed to provide residential childcare.]
[(b) If the minor victim is not accompanied by a parent or legal guardian, is not legally
emancipated, is not married, or has not been married, then:]
[(1) The Texas Family Code states that emergency shelter must not be provided after the 15th
day since shelter has begun, unless:]
[(A) the center receives consent from the minor victim to continue shelter or care, if the minor
victim:]
[(i) is 16 years old or older;]
[(ii) resides separately and apart from the minor victim's parent, managing conservator, or
guardian, regardless of the duration of the residence; and ]
[(iii) manages her or his own financial affairs, regardless of the source of income; or
7
[(B) is unmarried and pregnant or the parent of a child; or]
[(C) the minor victim has qualified for financial assistance under the Human Resources Code,
Chapter 31 and is on the waiting list for housing assistance.]
[(2) The center may rely on the minor victim's written statement containing the grounds on
which the minor victim has the capacity to consent to emergency care.]
8
TITLE 1
PART 15
COMMISSION
CHAPTER 379
SUBCHAPTER B
DIVISION 6
RULE §379.611
ADMINISTRATION
TEXAS HEALTH AND HUMAN SERVICES
FAMILY VIOLENCE PROGRAM
SHELTER CENTERS
PROGRAM ADMINISTRATION
Nonresidential Services for a Person Under [Family Violence Victim
who is Less than] 18 Years of Age.
(a) A shelter center may provide a nonresidential service to a minor if:
(1) the center provides emergency shelter or care to the minor under §379.610 of this subchapter
(relating to Emergency Shelter or Care for an Unaccompanied Minor);
(2) the minor consents to counseling from a licensed or certified physician, psychologist,
counselor, or social worker, under Texas Family Code § 32.004, for:
(A) suicide prevention;
(B) chemical addiction or dependency; or
(C) sexual, physical, or emotional abuse;
(3) the center has consent from the minor’s parent, managing conservator, or guardian to provide
the minor with the nonresidential service; or
(4) the center otherwise complies with Texas Family Code, Chapter 32, if the center does not
obtain consent from the minor’s parent, managing conservator, or guardian.
(b) Notwithstanding subsection (a) of this section, a victim of family violence under 18 years of
age may consent to a nonresidential service provided by a shelter center if:
(1) the victim is married or has been married; or
(2) the victim has had the disabilities of minority removed for general purposes (i.e., is
legally emancipated).
[(a) Criteria. The center can provide nonresidential services to a victim of family violence less
than 18 years old if:]
[(1) The minor victim is:]
[(A) accompanied by a parent or legal guardian;]
[(B) is legally emancipated;]
9
[(C) is married or has been married; or]
[(D) is experiencing an emergency situation that constitutes an immediate danger to the
physical health or safety of the minor or the minor's child or children; or]
[ (2) The center has: ]
[(A) parental or legal guardian consent to provide the minor with nonresidential services; or ]
[(B) the center complies with the Texas Family Code, §32.004, if parental or legal guardian
consent is not obtained.]
[(b) Emergency Services. The contractor may provide emergency nonresidential services for
only fifteen days if the minor victim does not meet the criteria under subsection (a)(1)(A) - (C)
of this section, unless: ]
[ (1) the center receives consent, as provided in subsection (c) of this section, from the minor
victim to continue services; or ]
[(2) the minor victim has qualified for financial assistance under the Human Resources Code,
Chapter 31 and is on the waiting list for housing assistance. ]
[(c) Consent. The minor victim may consent to emergency nonresidential services, after the 15th
day,]
[ (1) if the minor victim:]
[(A) is 16 years old or older; and]
[ (i) resides separate and apart from the minor's parent, managing conservator, or guardian,
regardless of whether the parent, managing conservator, or guardian consents to the residence
and regardless of the duration of the residence; and]
[(ii) manages the minor's own financial affairs, regardless of the source of income; or ]
[(B) the minor victim is unmarried and pregnant or the parent of a child; and ]
[(2) The center may rely on the minor victim's written statement containing the grounds on
which the minor victim has the capacity to consent to emergency services.]
10
TITLE 1
PART 15
COMMISSION
CHAPTER 379
SUBCHAPTER C
DIVISION 6
RULE § 379.1308
ADMINISTRATION
TEXAS HEALTH AND HUMAN SERVICES
FAMILY VIOLENCE PROGRAM
SPECIAL NONRESIDENTIAL PROJECTS
PROGRAM ADMINISTRATION
Nonresidential Services for a Person Under [Family Violence Victim
Who is Less than] 18 Years of Age [Old]
(a) A [The] contractor may [can] provide a nonresidential service [services] to a minor [victim of
family violence less than 18 years old] if:
(1) the minor consents to counseling from a licensed or certified physician, psychologist,
counselor, or social worker, under Texas Family Code §32.004, for:
(A) suicide prevention;
(B) chemical addiction or dependency; or
(C) sexual, physical, or emotional abuse;
(2) the contractor has consent from the minor’s parent, managing conservator, or guardian to
provide the minor with the nonresidential service; or
(3) the contractor otherwise complies with Texas Family Code, Chapter 32, if the project
does not obtain consent from the minor’s parent, managing conservator, or guardian.
(b) Notwithstanding subsection (a) of this section, a victim of family violence under 18 years of
age may consent to a nonresidential service provided by the contractor if:
(1) the victim is married or has been married; or
(2) the victim has had the disabilities of minority removed for general purposes (i.e., is
legally emancipated).
[(1) the minor victim is:]
[(A) accompanied by a parent or legal guardian;]
[(B) is legally emancipated; or]
[(C) is married or has been married; or]
[(2) the contractor:]
11
[(A) has parental or legal guardian consent to provide the minor with services; or]
[(B) complies with the Texas Family Code, §32.004, if parental or legal guardian consent is
not obtained.]
12
TITLE 1
PART 15
COMMISSION
CHAPTER 379
SUBCHAPTER D
DIVISION 6
RULE § 379.2009
ADMINISTRATION
TEXAS HEALTH AND HUMAN SERVICES
FAMILY VIOLENCE PROGRAM
NONRESIDENTIAL CENTERS
PROGRAM ADMINISTRATION
Nonresidential Services for a Person Under [Family Violence Victim
Who is Less than] 18 Years of Age [Old]
(a) A nonresidential [The] center may [can] provide a nonresidential service [services] to a minor
[victim of family violence less than 18 years old] if:
(1) the minor consents to counseling from a licensed or certified physician, psychologist,
counselor, or social worker, under Texas Family Code §32.004, for:
(A) suicide prevention;
(B) chemical addiction or dependency; or
(C) sexual, physical, or emotional abuse;
(2) the center has consent from the minor’s parent, managing conservator, or guardian to
provide the minor with nonresidential services; or
(3) the center otherwise complies with Texas Family Code, Chapter 32, if the center does not
obtain consent from the minor’s parent, managing conservator, or guardian.
(b) Notwithstanding subsection (a) of this section, a victim of family violence under 18 years of
age may consent to a nonresidential service provided by a nonresidential center if:
(1) the victim is married or has been married; or
(2) the victim has had the disabilities of minority removed for general purposes (i.e., is
legally emancipated).
[(1) the minor victim is:]
[(A) accompanied by a parent or legal guardian;]
[(B) is legally emancipated; or]
[(C) is married or has been married; or]
[(2) the center:]
13
[(A) has parental or legal guardian consent to provide the minor with services; or]
[(B) complies with the Texas Family Code, §32.004, if parental or legal guardian consent is
not obtained.]
14