Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 10. JUVENILE BOARDS, JUVENILE PROBATION DEPARTMENTS, AND FAMILY SERVICES OFFICES

(c) The officer shall keep an accurate and complete record of money received and disbursed under this section. The records are court records and may be inspected at reasonable times by the parties, their representatives, and attorneys. The records may be introduced into evidence as prescribed by the Texas Rules of Evidence. The county auditor shall inspect and examine the records and audit the accounts quarterly. The auditor shall report the results of the audit to the juvenile board and include any recommendations the auditor may have. (12245)

(d) The chief juvenile probation officer may appoint necessary personnel with the approval of the juvenile board to administer this section. The personnel serve at the pleasure of the chief juvenile probation officer. (12246)

(e) The commissioners court shall provide from the general fund the money necessary to administer this section in the amount recommended by the juvenile board and approved by the commissioners court. (12247)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12248)

Sec. 152.2341. TRINITY COUNTY. (12249)(1-click HTML)

(a) The juvenile board of Trinity County is composed of the county judge, the district judges in Trinity County, and the judge of each county court at law. (12250)

(b) The commissioners court shall pay the juvenile board members additional annual compensation set by the commissioners court at not less than $3,000 nor more than $10,000, payable in equal monthly installments from the general fund of the county. (12251)

(c) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Trinity County. (12252)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12253)

Sec. 152.2351. TYLER COUNTY. (12254)(1-click HTML)

(a) The Tyler County Juvenile Board is composed of the county judge and the district judges in Tyler County. (12255)

(b) The juvenile court judge is the chairman of the board and its chief administrative officer. (12256)

(c) The commissioners court may pay the juvenile board members additional annual compensation set by the commissioners court at not more than $5,000 for the added duties imposed on the members. The additional compensation shall be paid in equal monthly installments from the general fund of the county. (12257)

(d) The chairman shall certify all claims for expenses of the juvenile probation officer as necessary in the performance of the officer's duties. The commissioners court shall provide the necessary funds to pay the salaries and expenses of the juvenile probation officer. (12258)

(e) Sections 152.0002, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Tyler County. (12259)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12260)

Sec. 152.2361. UPSHUR COUNTY. (12261)(1-click HTML)

(a) The Upshur County Juvenile Board is composed of the county judge and the district judge in Upshur County. (12262)

(b) The county judge of Upshur County is the chairman of the board and its chief administrative officer. (12263)

(c) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12264)

(d) Service on a juvenile board by a judge is an additional duty of office. The commissioners court shall pay the juvenile board members an annual salary set by the commissioners court at not less than $1,200, payable in equal monthly installments from any funds available to the county or to the juvenile board. (12265)

(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12266)

(f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12267)

(g) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12268)

(h) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12269)

(i) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12270)

(j) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12271)

(k) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12272)

(l) The board may accept state aid and grants or gifts from other political subdivisions of the state, private citizens, or associations for the purpose of financing adequate and effective juvenile programs. (12273)

(m) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 707, Sec. 2, eff. June 14, 2013. (12274)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12275)

Amended by: (12276)

Acts 2013, 83rd Leg., R.S., Ch. 707 (H.B. 3161), Sec. 1, eff. June 14, 2013. (12277)

Acts 2013, 83rd Leg., R.S., Ch. 707 (H.B. 3161), Sec. 2, eff. June 14, 2013. (12278)

Sec. 152.2371. UPTON COUNTY. (12279)(1-click HTML)

(a) The Upton County Juvenile Board is composed of the county judge and the district judges in Upton County. (12280)

(b) The juvenile court judge is the chairman of the board and its chief administrative officer. (12281)

(c) The commissioners court may pay the juvenile board members an annual salary set by the commissioners court at not less than $1,200 nor more than $3,600 as compensation for the added duties imposed on the members. The salary shall be paid in equal monthly installments from the general fund of the county. (12282)

(d) Sections 152.0002, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Upton County. (12283)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12284)

Sec. 152.2381. UVALDE COUNTY. (12285)(1-click HTML)

(a) The juvenile board of Uvalde County is composed of the county judge and the district judges in Uvalde County. (12286)

(b) The commissioners court may pay the juvenile board members additional annual compensation set by the commissioners court at not less than $1,200 nor more than $3,600, payable in equal monthly installments from the general fund of the county. (12287)

(c) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Uvalde County. (12288)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12289)

Sec. 152.2391. VAL VERDE COUNTY. (12290)(1-click HTML)

(a) The juvenile board of Val Verde County is composed of the county judge, the district judges in Val Verde County, and the judge of the County Court at Law of Val Verde County. (12291)

(b) The commissioners court may pay the juvenile board members additional annual compensation set by the commissioners court at not less than $1,200 nor more than $3,600, payable in equal monthly installments from the general fund of the county. (12292)

(c) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Val Verde County. (12293)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12294)

Amended by: (12295)

Acts 2013, 83rd Leg., R.S., Ch. 1125 (H.B. 3952), Sec. 1, eff. September 1, 2013. (12296)

Sec. 152.2401. VAN ZANDT COUNTY. (12297)(1-click HTML)

(a) The Van Zandt County Juvenile Board is composed of the county judge, the criminal district attorney of Van Zandt County, the judge of the 294th Judicial District, and the judge of the county court at law. (12298)

(b) The juvenile board shall elect one of its members as chairman at its first regular meeting of each calendar year. (12299)

(c) The board shall hold meetings each year on dates set by the board and special meetings at the call of the chairman. (12300)

(d) The board may agree to join with the juvenile board of one or more counties to provide services and facilities and to receive and disburse funds under this section. (12301)

(e) Service on a juvenile board by a judge or the district attorney is an additional duty of office. The commissioners courts shall pay the juvenile board members an annual salary set by the commissioners courts at not less than $600 for the added duties imposed on the members. The salary shall be paid in equal monthly or bimonthly installments from any funds available to the county or to the juvenile board. The salary is in addition to all other compensation provided or allowed by law for criminal district attorneys. (12302)

(f) The juvenile board shall make the financial and statistical records and reports the board is required to make to the Texas Juvenile Justice Department available to the commissioners court. (12303)

(g) The board, in a timely manner, shall prepare and submit to the commissioners court for approval an annual request for funding for the board and the juvenile probation department. Each request must include the total of anticipated expenses of the board or for providing juvenile services for the next fiscal year. The request for funding for the juvenile probation department must also be accompanied by an accounting of all available funds from other funding sources. (12304)

(h) The board may accept aid, grants, and gifts from the state or federal government, other political subdivisions of the state, and associations to finance adequate and effective juvenile probation programs. The fiscal officer shall deposit funds received under this subsection in a special account. (12305)

(i) Sections 152.0002, 152.0004, 152.0005, and 152.0008(a) do not apply to the juvenile board of Van Zandt County. (12306)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12307)

Amended by: (12308)

Acts 2009, 81st Leg., R.S., Ch. 1103 (H.B. 4833), Sec. 15(b), eff. January 1, 2011. (12309)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 130, eff. September 1, 2015. (12310)

Sec. 152.2411. VICTORIA COUNTY. (12311)(1-click HTML)

(a) The juvenile board of Victoria County is composed of the county judge, the district judges in Victoria County, and the judge of each county court at law. (12312)

(b) The juvenile court judge is the chairman of the board and its chief administrative officer. (12313)

(c) The commissioners court shall pay the juvenile board members additional compensation in an amount set by the commissioners court. The additional compensation is for the added duties imposed on the members and shall be paid in equal monthly installments from the general fund or any other available fund of the county. (12314)

(d) The commissioners court may pay the county clerk additional compensation for serving as the clerk of the juvenile court. (12315)

(e) The commissioners court shall provide the funds necessary to pay the salaries and expenses essential to the proper operation of the probation department. (12316)

(f) Sections 152.0002, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Victoria County. (12317)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12318)

Sec. 152.2421. WALKER COUNTY. (12319)(1-click HTML)

(a) The juvenile board of Walker County is composed of the county judge, the district judges in Walker County, and the judge of each county court at law. (12320)

(b) The commissioners court shall pay the juvenile board members additional annual compensation of not less than $1,200, payable in equal monthly installments from the general fund of the county. (12321)

(c) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Walker County. (12322)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12323)

Amended by: (12324)

Acts 2005, 79th Leg., Ch. 1152 (H.B. 3045), Sec. 4, eff. June 18, 2005. (12325)

Sec. 152.2431. WALLER COUNTY. (12326)(1-click HTML)

(a) The juvenile board of Waller County is composed of the county judge, the district judges in Waller County, and the judge of each county court at law. (12327)

(b) The commissioners court shall pay the juvenile board members additional annual compensation set by the commissioners court at not more than $1,200, payable in equal monthly installments from the general fund of the county. (12328)

(c) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Waller County. (12329)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 652, Sec. 2, eff. Sept. 1, 1989. (12330)

Sec. 152.2441. WARD COUNTY. (12331)(1-click HTML)

(a) The Ward County Juvenile Board is composed of the county judge, the district judges in Ward County, and the judge of any statutory court in the county. (12332)

(b) The juvenile board shall elect one of its members as chairman. (12333)

(c) The commissioners court shall pay the juvenile board members an annual salary set by the commissioners court at not less than $1,200 or more than $3,600 for the added duties imposed on the members. The salary shall be paid in equal monthly installments from the general fund or any other fund of the county. (12334)

(d) Sections 152.0002, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Ward County. (12335)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12336)

Sec. 152.2451. WASHINGTON COUNTY. (12337)(1-click HTML)

(a) The juvenile board of Washington County is composed of the county judge, the district judges in Washington County, and the judge of each county court at law. (12338)

(b) The board shall select one member to act as chairman. (12339)

(c) The commissioners court may reasonably compensate each member of the juvenile board for the member's additional duties. (12340)

(d) The juvenile board shall pay from the juvenile board fund to the extent of the state aid received in the fund the salaries of juvenile probation department personnel and other expenses required to provide adequate services to children. (12341)

(e) The county shall pay salaries and expenses other than those paid under Subsection (d) that are essential to provide adequate services to children in an amount set by the juvenile board with the advice and consent of the commissioners court. (12342)

(f) The juvenile board may accept state aid and grants or gifts from other political subdivisions of the state or associations for the sole purpose of financing adequate and effective probation programs. A municipality may grant money to the county government or to the juvenile board to support and maintain juvenile programs if the municipality's governing body approves the expenditure. Funds received under this subsection shall be administered and kept separately from other county funds. (12343)

(g) The chief juvenile probation officer may appoint necessary personnel with the approval of the juvenile board. Juvenile probation officers serve at the pleasure of the juvenile board. (12344)

(h) The juvenile board shall provide the juvenile probation officers with transportation or an automobile allowance for use of a personal automobile on official business. (12345)

(i) The juvenile board may agree to operate together with one or more counties that are adjacent to or in close proximity to Washington County. The juvenile boards operating together may appoint one fiscal officer to receive and disburse funds for the boards. (12346)

(j) The juvenile board may operate foster homes for the temporary care of children served by the board. (12347)

(k) Sections 152.0002, 152.0004, and 152.0008 do not apply to the juvenile board of Washington County. (12348)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 239, Sec. 1, eff. May 22, 1993. (12349)

Sec. 152.2461. WEBB COUNTY. (12350)(1-click HTML)

(a) The Webb County Juvenile Board is composed of the county judge, the district judges in the county, and the judge of each county court at law. The county judge may designate any member of the commissioners court to represent the judge on the board. A reference in this section to a juvenile court judge of a juvenile board member includes a person designated by the county judge under this subsection. (12351)

(b) The commissioners court may pay the juvenile board members additional annual compensation set by the commissioners court at not more than $4,800 for the added duties imposed on the members. The compensation shall be paid in equal monthly installments from the general fund of the county. (12352)

(c) The commissioners court may reimburse the juvenile court judge for the judge's actual and necessary expenses incurred in attending seminars and other educational or instructional meetings relating to juvenile matters. The annual amount for which the judge may be reimbursed may not exceed $600. (12353)

(d) The juvenile board may require a board employee to enter into a bond payable to the board, conditioned on the faithful performance of the person's duties. The board shall pay the premium of the bond. The board may suspend or remove an employee for good cause. The board may permit the chief juvenile probation officer to suspend or remove employees whom the chief juvenile probation officer may supervise. (12354)

(e) The board shall control and supervise each county institution used to detain juveniles. The board shall appoint the superintendent of each institution. (12355)

(f) The board may accept gifts or grants of real or personal property subject to the terms and conditions of the gift or grant to use for the benefit of the juvenile justice system. (12356)

(g) The board shall submit an annual budget to the commissioners court. The commissioners court may appropriate and the juvenile board shall use money from the county general fund to administer this section. (12357)

(h) The board may authorize the use of foster homes for the temporary care of a child alleged to be a child in need of supervision or a delinquent child. (12358)

(i) Sections 152.0002, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008(b) do not apply to the juvenile board of Webb County. (12359)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 23, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 105, Sec. 1, eff. Aug. 30, 1993. (12360)

Amended by: (12361)

Acts 2005, 79th Leg., Ch. 1352 (S.B. 1189), Sec. 25, eff. September 1, 2005. (12362)

Sec. 152.2471. WHARTON COUNTY. (12363)(1-click HTML)

(a) The juvenile board of Wharton County is composed of the county judge, the district judges in Wharton County, and the judge of each county court at law. (12364)

(b) The commissioners court shall pay the board members annual additional compensation in an amount set by the commissioners court. The additional compensation shall be paid in equal monthly installments from the general fund of the county. (12365)

(c) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Wharton County. (12366)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12367)

Sec. 152.2472. COMPENSATION OF JUVENILE JUDGE IN WHARTON COUNTY. (12368)(1-click HTML)

(a) The Commissioners Court of Wharton County may pay the juvenile judge additional annual compensation of not more than $1,500 for serving as the judge of the juvenile court. (12369)

(b) The compensation is in addition to all other compensation paid or authorized to be paid to the judge who serves as the juvenile judge. (12370)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12371)

Sec. 152.2473. WHARTON COUNTY CHILD SUPPORT OFFICE. (12372)(1-click HTML)

(a) The judges of the district courts in Wharton County may establish a child support office in the county juvenile office to collect and disburse child support payments that are required by court order to be made to the office. The office shall disburse the payments in the manner the court believes to be in the best interest of the parties in the case. (12373)

(b) The judges of the district courts in a county served by an office may appoint an administrator and other assistants to serve two-year terms. The administrator shall obtain a surety bond in an amount determined by the county auditor from a solvent surety company authorized to make the bonds in this state and approved by the county auditor. The bond shall be conditioned on the faithful performance of the administrator's duties and on the proper accounting of the money entrusted to the administrator. The county shall pay the premium for the bond from the general fund of the county, the child support fund, or any other available fund. (12374)

(c) The judges shall determine the duties of the administrator and assistants and set their salaries. The salaries are payable in equal monthly installments from the general fund of the county, the child support fund, or any other available fund. The judges must approve a claim for expenses made by the administrator or an assistant or a claim for administrative expenses in operating the child support office, including a claim for payment of equipment and supplies. (12375)

(d) The office shall keep an accurate and complete record of money received and disbursed under this section. The record is open for public inspection. The county auditor or other authorized county officer or employee shall inspect and examine the records and audit the accounts quarterly. The auditor shall report the results of the audit to the judges and include any recommendations the auditor may have. (12376)

(e) The child support office may serve one or more of Brazoria, Fort Bend, and Matagorda counties. If a child support office serves more than one county, the judges of the district courts in the counties shall determine the location of the office. The officers and employees of the county in which the office is located shall perform the duties prescribed by this section. The counties shall pay the salaries, bond premium, and other expenses in accordance with the ratio that the population of each county bears to the total population of all of the counties served by the office. (12377)

(f) The commissioners courts shall pay the district court judges $75 a month for performing the duties prescribed by this section. The compensation shall be paid from the general fund of the county and is in addition to any other compensation the judges receive. (12378)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12379)

Sec. 152.2474. WHARTON COUNTY CHILD SUPPORT SERVICE FEE. (12380)(1-click HTML)

(a) The Wharton County child support office shall assess a monthly fee of not more than $10 for collecting and disbursing child support payments that are required by court order to be made to the office. The fee is payable annually and in advance. (12381)

(b) The payor of the support shall pay the fee unless the payor is a member of the armed services and the monthly child support payments exceed the amount the court orders the person to pay, in which case the payee shall pay the service fee for as long as the payor is a member of the armed services and the support payments exceed the amount the court orders the person to pay. (12382)

(c) The first fee payment is due on the date that the payor is ordered to begin the child support payments. If the payee must pay the fee, the first fee payment is due on the date that the payee receives the original support payment. Subsequent annual fees are due on the anniversary of the date of the original fee payment. (12383)

(d) A person who refuses or fails to pay the fee on the date due or in the amount ordered is subject to an action for contempt of court. (12384)

(e) Fees collected under this section shall be paid to the county treasurer on the last day of each calendar month. The county treasurer shall deposit the fees to the credit of the child support fund. The judges of the district courts in a county served by the office shall administer the fund, with the approval of the commissioners court, to assist in paying the salaries and expenses of the child support office. (12385)

(f) An accurate and complete record of money received under this section shall be kept. The county auditor or other authorized person shall audit the child support fund regularly. An annual report of the receipts and expenditures of the fund shall be made to the commissioners court. (12386)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 12.04(a), eff. Aug. 26, 1991. (12387)

Sec. 152.2491. WICHITA COUNTY. (12388)(1-click HTML)

(a) The Wichita County Juvenile Board is composed of the county judge, the district judges in Wichita County, and the judge of each statutory county court. (12389)

(b) The commissioners court may pay the board members additional annual compensation in an amount determined by the commissioners court, payable in equal monthly installments from the general fund of the county. (12390)

(c) The juvenile board may authorize the use of foster homes for the temporary care of children subject to Title 3 or 5, Family Code. The rate of pay for foster care shall be determined by the juvenile board and those payments are necessary operating expenses of the Wichita County Family Court Services Department. (12391)

(d) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Wichita County. (12392)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.52, eff. Sept. 1, 1997. (12393)

Sec. 152.2492. WICHITA COUNTY INSTITUTIONS. (12394)(1-click HTML)

(a) The juvenile board of Wichita County controls and supervises each county facility used for the detention of juveniles. (12395)

(b) The chief juvenile probation officer shall appoint the superintendent of each facility. The juvenile board must confirm the appointment. A superintendent or an assistant may be suspended or removed at any time by the appointing authority. (12396)

(c) The juvenile board shall set the salaries of the superintendents and assistants. (12397)

(d) This section does not apply to a person or facility that provides services to juveniles under a contract with the commissioners court or juvenile board and that is licensed or registered by a state or federal agency or an agency of another state. (12398)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12399)

Amended by: (12400)

Acts 2007, 80th Leg., R.S., Ch. 288 (H.B. 953), Sec. 1, eff. June 15, 2007. (12401)

Sec. 152.2496. WICHITA COUNTY ADOPTION INVESTIGATION FUND. (12402)(1-click HTML)

(a) A person who files an adoption case in a district court in Wichita County shall pay to the district clerk a filing fee of $100. The fee is taxed, collected, and paid as other costs. (12403)

(b) The district clerk shall transfer the money collected under this section to the Wichita County Family Court Services Department for placement in the adoption investigation fund. The juvenile board shall administer the fund to maintain adoption investigation services, including the salaries and expenses of the adoption investigator and assistants and the purchase of supplies and equipment. (12404)

(c) The fund may be supplemented by money from the general fund or any other available fund of the county as necessary. (12405)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12406)

Sec. 152.2501. WILBARGER COUNTY. (12407)(1-click HTML)

(a) Wilbarger County is included in the 46th Judicial District Juvenile Board. (12408)

(b) Section 152.0841 applies to the 46th Judicial District Juvenile Board. (12409)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12410)

Sec. 152.2511. WILLACY COUNTY. (12411)(1-click HTML)

(a) The juvenile board of Willacy County is composed of the judges of the county and district courts in the county. The board must have not fewer than three nor more than five members. The judges of the county and district courts in the county may appoint an appropriate number of public members to serve on the board without compensation if necessary to satisfy this requirement. The chairman of the board shall determine the number of public members to be appointed to the board. (12412)

(b) The county judge is the chairman of the board. (12413)

(c) The board shall hold biannual meetings on dates set by the board and special meetings at the call of the chairman. (12414)

(d) Service on a juvenile board by a judge is an additional duty of office. The commissioners court shall pay the judges on the juvenile board an annual salary set by the commissioners court at not more than $6,000, payable in equal monthly installments from the general fund or any other available fund of the county. (12415)

(e) The county shall reimburse a juvenile board member for the member's actual and necessary expenses incurred in performing the member's duties. (12416)

(f) The juvenile board shall ensure that the chief juvenile officer and fiscal officer: (12417)

(1) keep the financial and statistical records and submit reports to the Texas Juvenile Justice Department as prescribed by Section 221.007; and (12418)

(2) submit periodic financial and statistical reports to the county commissioners court. (12419)

(g) The chief juvenile probation officer shall appoint an appropriate number of qualified juvenile probation officers, assistants, and support personnel with the approval of the board as necessary to perform his duties. The chief juvenile probation officer and the personnel appointed under this section may be removed at any time by the appointing authority or by the juvenile board. The chief juvenile probation officer shall recommend to the juvenile board the salaries of and allowances for juvenile probation officers, assistants, and support personnel. The juvenile board shall provide the chief juvenile probation officer and his assistants with transportation or an automobile allowance for use of a personal automobile on official business. (12420)

(h) A claim for expenses from a person in the juvenile probation department must be made to the board chairman. The chairman shall certify to the fiscal officer the expenses to be paid from state funds and shall certify to the commissioners court the expenses to be paid from county funds. (12421)

(i) The chairman of the board shall certify to the commissioners court an annual request for the expenditure of county funds. The commissioners court shall act on the request in the same manner as it acts on a request from another county office. (12422)

(j) The board may accept state aid and grants and gifts from other political subdivisions of the state or associations for the purpose of financing adequate and effective juvenile programs. A municipality may grant and allocate money to the juvenile board to support and maintain effective juvenile services if the municipality's governing body approves the expenditure. Funds received under this subsection shall be administered and kept separately from other public funds. This section does not affect a program of local enrichment of juvenile services funded by a service. (12423)

(k) The juvenile board shall appoint an advisory council of not more than five persons. (12424)

(l) Sections 152.0002, 152.0004, 152.0005, 152.0008, and 152.0009 do not apply to the juvenile board of Willacy County. (12425)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12426)

Amended by: (12427)

Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.022, eff. September 1, 2011. (12428)

Sec. 152.2521. WILLIAMSON COUNTY. (12429)(1-click HTML)

(a) The juvenile board of Williamson County is composed of the county judge and the district judges in the county, and the judges of any statutory court in the county designated as a juvenile court. The judge of a district court may designate a person to represent the judge on the board. (12430)

(b) The juvenile board shall elect one of its members to act as chairman. (12431)

(c) The board may cooperate with other juvenile boards to provide adequate services. (12432)

(d) The board's fiscal officer shall receive and disburse for juvenile probation the funds of the board. (12433)

(e) Service on a juvenile board by a judge is an additional duty of office. The commissioners court may pay the juvenile board members a salary in an amount that will reasonably compensate them for their added duties. The commissioners court shall pay to a person designated to serve on the board by a district judge the judge's salary as authorized by this subsection. The salary to the person designated is in addition to all other compensation provided or allowed by law. (12434)

(f) The county shall reimburse a juvenile board member for the member's actual and necessary expenses incurred in performing his duties. (12435)

(g) The juvenile board shall provide each juvenile probation officer with an automobile or an automobile allowance for use of a personal automobile on official business. (12436)

(h) The juvenile board shall pay the salaries of juvenile probation personnel and other expenses required to provide adequate services to children from the juvenile board fund to the extent of the state aid received in the fund. The county shall pay the other salaries and expenses essential to provide adequate services in an amount set by the juvenile board with the advice and consent of the commissioners court. (12437)

(i) The board may accept state aid and grants or gifts from other political subdivisions of the state or associations for the sole purpose of financing adequate and effective juvenile programs. A municipality may grant and allocate money to the appropriate county government or to the juvenile board to support and maintain effective juvenile services if the municipality's governing body approves the expenditure. Funds received under this subsection shall be administered and kept separately from other public funds. This section does not affect a program of local enrichment of juvenile services funded by any source. (12438)

(j) Sections 152.0002, 152.0004, 152.0005, 152.0008, and 152.0009 do not apply to the juvenile board of Williamson County. (12439)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12440)

Sec. 152.2531. WILSON COUNTY. (12441)(1-click HTML)

(a) The juvenile board of Wilson County is composed of the county judge and the district judges in Wilson County. (12442)

(b) The commissioners court shall pay the juvenile board members additional annual compensation set by the commissioners court at not less than $1,200 nor more than $4,800 for the added duties imposed on the members. The additional compensation shall be paid in equal monthly installments from the general fund of the county. (12443)

(c) Sections 152.0002, 152.0003, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Wilson County. (12444)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12445)

Sec. 152.2541. WINKLER COUNTY. (12446)(1-click HTML)

(a) The Winkler County Juvenile Board is composed of the county judge and the district judges in Winkler County. (12447)

(b) The juvenile court judge is the chairman of the board and its chief administrative officer. (12448)

(c) The commissioners court may pay the board chairman additional annual compensation of $1,200 for the added duties imposed on the chairman. The commissioners court may pay the other members of the board additional annual compensation of not more than $1,200. The additional compensation shall be paid in equal monthly installments from the general fund or any other available fund of the county. (12449)

(d) Sections 152.0002, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Winkler County. (12450)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12451)

Sec. 152.2551. WISE COUNTY. (12452)(1-click HTML)

(a) Wise County is included in the juvenile board in Jack and Wise counties. (12453)

(b) Section 152.1251 applies to the juvenile board in Jack and Wise counties. (12454)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12455)

Sec. 152.2561. WOOD COUNTY. (12456)(1-click HTML)

(a) The juvenile board of Wood County is composed of the county judge, the district judges in the county, and the judge of any statutory court in the county designated as a juvenile court. (12457)

(b) The juvenile board shall elect one of its members as chairman at its first regular meeting of each calendar year. (12458)

(c) The board may agree to operate with the juvenile board of another county to provide services and to receive and disburse funds. (12459)

(d) The board shall hold regular meetings each year on dates set by the board, and special meetings at the call of the chairman. (12460)

(e) Service on a juvenile board by a judge is an additional duty of office. The commissioners court shall pay each juvenile board member an annual salary of not less than $4,800, payable in equal monthly installments from any funds available to the county or to the juvenile board. (12461)

(f) The commissioners court shall reimburse a juvenile board member for the member's actual and necessary expenses incurred in performing the member's duties. The commissioners court shall set the rate of reimbursement and shall pay the expenses from funds allocated or received from any source. (12462)

(g) The juvenile board shall appoint necessary juvenile probation department personnel. The juvenile board may discharge the employees of the juvenile probation department. (12463)

(h) The juvenile board shall provide each juvenile probation officer or juvenile probation department employee with an automobile or an automobile allowance for use of a personal automobile on official business. (12464)

(i) The juvenile board shall pay the salaries, allowances, and other necessary expenses from the juvenile probation budget to the extent of the state aid received. The commissioners court shall pay the remaining salaries, allowances, and other necessary expenses from the general fund or other available funds of the county. (12465)

(j) The juvenile board shall set the annual rate of increase in the salaries of juvenile probation department personnel. If any portion of an employee's salary is to be paid from the general fund, the commissioners court shall approve the salary as presented to the commissioners court by the chairman of the juvenile board. For purposes of this subsection, "salary" means only the fixed compensation paid to an employee and does not include health insurance, allowances, or any other benefit. (12466)

(k) The board may accept state aid and grants or gifts from other political subdivisions of the state or associations for the sole purpose of financing adequate and effective juvenile programs. The fiscal officer shall deposit funds received under this subsection in a special account. (12467)

(l) The board shall make available to the commissioners court the financial and statistical reports required by the Texas Juvenile Justice Department. (12468)

(m) Sections 152.0002, 152.0004, 152.0005, 152.0008, and 152.0009 do not apply to the juvenile board of Wood County. (12469)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12470)

Amended by: (12471)

Acts 2007, 80th Leg., R.S., Ch. 1236 (H.B. 2502), Sec. 2, eff. June 15, 2007. (12472)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 131, eff. September 1, 2015. (12473)

Sec. 152.2571. YOAKUM COUNTY. (12474)(1-click HTML)

(a) The Yoakum County Juvenile Board is composed of the county judge, the district judges in Yoakum County, and the judge of any statutory court in the county designated as a juvenile court. (12475)

(b) The juvenile board shall elect one of its members as chairman at the beginning of each year. (12476)

(c) The commissioners court shall pay the juvenile board members an annual salary set by the commissioners court at not more than $1,200, payable in equal monthly installments from the general fund or any other available fund of the county. (12477)

(d) Section 152.0005(b) does not apply to the juvenile board of Yoakum County. (12478)

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. (12479)

TITLE 11. AGING, COMMUNITY-BASED, AND LONG-TERM CARE SERVICES (12480)(1-click HTML)

CHAPTER 161. DEPARTMENT OF AGING AND DISABILITY SERVICES (12481)(1-click HTML)

Sec. 161.001. DEFINITIONS. (12482)(1-click HTML)

In this chapter: (12483)

(1) "Commission" means the Health and Human Services Commission. (12484)

(2) "Commissioner" means the commissioner of aging and disability services. (12485)

(3) "Council" means the Aging and Disability Services Council. (12486)

(4) "Department" means the Department of Aging and Disability Services. (12487)

(5) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (12488)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A. (12489)

Sec. 161.003. SUNSET PROVISION. (12490)(1-click HTML)

Unless the commission is continued in existence as provided by Chapter 325, Government Code, after the review required by Section 531.004, Government Code, this chapter expires on the date the commission is abolished under that section. (12491)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A. (12492)

Amended by: (12493)

Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.08, eff. June 15, 2007. (12494)

Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.15, eff. July 10, 2009. (12495)

Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.21, eff. June 17, 2011. (12496)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.440, eff. April 2, 2015. (12497)

Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 4.06, eff. September 1, 2015. (12498)

Sec. 161.0515. ASSISTANT COMMISSIONER FOR STATE SUPPORTED LIVING CENTERS. (12499)(1-click HTML)

(a) The commissioner shall employ an assistant commissioner for state supported living centers. The assistant commissioner must be selected based on education, training, experience, and demonstrated ability. (12500)

(b) The assistant commissioner reports directly to the commissioner. (12501)

(c) The assistant commissioner shall supervise the operation of the state supported living centers. As part of that duty, the assistant commissioner shall: (12502)

(1) verify that quality health and medical services are being provided in state supported living centers; (12503)

(2) verify and certify employee qualifications for employees of a state supported living center; and (12504)

(3) work with the commissioner to create administrative guidelines for proper implementation of federal and state statutory law and judicial decisions. (12505)

(d) The assistant commissioner shall coordinate with the appropriate staff of the Department of State Health Services to ensure that the ICF-IID component of the Rio Grande State Center implements and enforces state law and rules that apply to the operation of state supported living centers. (12506)

(e) The assistant commissioner shall consult with the appropriate staff at the Department of State Health Services to ensure that an individual with a dual diagnosis of mental illness and an intellectual disability who is a resident of a state supported living center or the ICF-IID component of the Rio Grande State Center is provided with appropriate care and treatment. (12507)

Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 36, eff. June 11, 2009. (12508)

Amended by: (12509)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.444, eff. April 2, 2015. (12510)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.445, eff. April 2, 2015. (12511)

Sec. 161.0541. MAINTENANCE OF MERIT SYSTEM. (12512)(1-click HTML)

The merit system established as provided by Section 161.054 may be maintained in conjunction with other state agencies that are required by federal law to operate under a merit system. (12513)

Acts 1979, 66th Leg., p. 2338, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (12514)

Transferred, redesignated and amended from Human Resources Code, Section 21.007 by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.006, eff. April 2, 2015. (12515)

Sec. 161.057. CRIMINAL BACKGROUND CHECKS. (12516)(1-click HTML)

(a) In this section, "eligible person" means a person whose criminal history record information the department is entitled to obtain from the Department of Public Safety under Section 411.13861, Government Code. (12517)

(b) The department may obtain criminal history record information regarding an eligible person as provided by Section 411.13861, Government Code. Criminal history record information obtained under Section 411.13861 is subject to the restrictions and requirements of that section. (12518)

Added by Acts 2015, 84th Leg., R.S., Ch. 1209 (S.B. 1540), Sec. 4, eff. June 19, 2015. (12519)

Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. (12520)(1-click HTML)

The department is responsible for administering human services programs for the aging and persons with disabilities, including: (12521)

(1) administering and coordinating programs to provide community-based care and support services to promote independent living for populations that would otherwise be institutionalized; (12522)

(2) providing institutional care services, including services through convalescent and nursing homes and related institutions under Chapter 242, Health and Safety Code; (12523)

(3) providing and coordinating programs and services for persons with disabilities, including programs for the treatment, rehabilitation, or benefit of persons with developmental disabilities or an intellectual disability; (12524)

(4) operating state facilities for the housing, treatment, rehabilitation, or benefit of persons with disabilities, including state supported living centers for persons with an intellectual disability; (12525)

(5) serving as the state unit on aging required by the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments, including performing the general functions under Section 101A.052 to ensure: (12526)

(A) implementation of the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments, including implementation of services and volunteer opportunities under that Act for older residents of this state through area agencies on aging; (12527)

(B) advocacy for residents of nursing facilities through the office of the state long-term care ombudsman; (12528)

(C) fostering of the state and community infrastructure and capacity to serve older residents of this state; and (12529)

(D) availability of a comprehensive resource for state government and the public on trends related to and services and programs for an aging population; (12530)

(6) performing all licensing and enforcement activities and functions related to long-term care facilities, including licensing and enforcement activities related to convalescent and nursing homes and related institutions under Chapter 242, Health and Safety Code; (12531)

(7) performing all licensing and enforcement activities related to assisted living facilities under Chapter 247, Health and Safety Code; (12532)

(8) performing all licensing and enforcement activities related to intermediate care facilities for persons with an intellectual disability under Chapter 252, Health and Safety Code; (12533)

(9) performing all licensing and enforcement activities and functions related to home and community support services agencies under Chapter 142, Health and Safety Code; and (12534)

(10) serving as guardian of the person or estate, or both, for an incapacitated individual as provided by Subchapter E of this chapter and Title 3, Estates Code. (12535)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A. (12536)

Amended by: (12537)

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.03, eff. September 1, 2005. (12538)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.447, eff. April 2, 2015. (12539)

Sec. 161.073. RULES. (12540)(1-click HTML)

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule. (12541)

Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A. (12542)

Sec. 161.074. COMPETITIVE GRANT PROGRAM. (12543)(1-click HTML)

(a) The department shall establish a competitive grant program that promotes innovation in the delivery of aging and disability services and improves the quality of life for individuals receiving those services. (12544)

(b) A grant awarded by the department under the program shall be used to: (12545)

(1) test innovative practices in the provision of aging and disability services; or (12546)

(2) disseminate information regarding innovative practices being used to provide aging and disability services. (12547)

(c) The department shall request proposals for the award of a grant under the program. The department shall evaluate the proposals and award a grant based on a proposal's academic soundness, quantifiable effectiveness, and potentially positive impact on the delivery of aging and disability services. (12548)

(d) A grant awarded under Subsection (b)(1) must be made to an institution of higher education working in cooperation with a private entity that has committed resources to the project described in the proposal. (12549)

(e) A grant recipient may use grant money received under this section only to pay for activities directly related to the purpose of the grant program as described by Subsection (b) and may not use grant money for fees or advertising. (12550)

(f) The department shall establish procedures to administer the grant program, including a procedure for the submission of a proposal and a procedure to be used by the department to evaluate a proposal. (12551)

(g) The department shall enter into a contract that includes performance requirements with each grant recipient. The department shall monitor and enforce the terms of the contract. The contract must authorize the department to recoup grant money from a grant recipient for failure of the grant recipient to comply with the terms of the contract. (12552)

(h) The department shall post on its website a summary of each grant awarded under this section. (12553)

(i) The legislature may appropriate money described by Sections 142.0174, 242.0695, 247.0458, and 252.069, Health and Safety Code, including unexpended and unobligated amounts collected during a previous state fiscal biennium, to fund the grant program authorized by this section. (12554)

Added by Acts 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 5, eff. September 1, 2005. (12555)

Sec. 161.075. IMMUNITY FOR AREA AGENCIES ON AGING AND AGENCY EMPLOYEES AND VOLUNTEERS. (12556)(1-click HTML)

(a) In this section: (12557)

(1) "Area agency on aging" means an agency described by 42 U.S.C. Section 3002(6) and through which the department ensures the implementation of services and volunteer opportunities for older persons in this state as provided by Section 161.071(5)(A). (12558)

(2) "Texas nonprofit organization" means a nonprofit corporation: (12559)

(A) that is organized under the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code; and (12560)

(B) the funding of which is managed by an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization in Section 501(c)(3) of that code. (12561)

(3) "Volunteer" means a person who: (12562)

(A) renders services for or on behalf of an area agency on aging under the supervision of an area agency on aging employee; and (12563)

(B) does not receive compensation that exceeds the authorized expenses the person incurs in performing those services. (12564)

(b) An area agency on aging that conducts an election on behalf of a Texas nonprofit organization is not civilly or criminally liable for any act or omission, including an act or omission relating to verifying the qualifications of candidates and determining and reporting election results, that relates to a duty or responsibility with respect to conducting the election if the agency acted in good faith and within the scope of the agency's authority. (12565)

(c) An area agency on aging employee or volunteer who performs an act related to the conduct of an election described by Subsection (b) is not civilly or criminally liable for the act or any omission that relates to a duty or responsibility with respect to conducting the election if the person acted in good faith and within the scope of the person's authority. (12566)

Added by Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 12, eff. September 1, 2007. (12567)

Amended by: (12568)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.449, eff. April 2, 2015. (12569)

Sec. 161.076. ON-SITE SURVEYS OF CERTAIN PROVIDERS. (12570)(1-click HTML)

At least every 12 months, the department shall conduct an unannounced on-site survey in each group home, other than a foster home, at which a Home and Community-based Services (HCS) provider provides services. (12571)

Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 37, eff. June 11, 2009. (12572)

Sec. 161.077. INVESTIGATION DATABASE. (12573)(1-click HTML)

(a) The department, in consultation with the Department of Family and Protective Services, shall develop and maintain an electronic database to collect and analyze information regarding the investigation and prevention of abuse, neglect, and exploitation of individuals with an intellectual disability who reside in a publicly or privately operated intermediate care facility for persons with an intellectual disability or in a group home, other than a foster home, at which a Home and Community-based Services (HCS) provider provides services and the results of regulatory investigations or surveys performed by the department regarding those facilities or providers. (12574)

(b) The information collected in the database regarding investigations must be detailed, be easily retrievable, and include information relating to abuse, neglect, and exploitation investigations performed by either department and regulatory investigations performed by the department that are capable of being sorted by home, provider, and facility. (12575)

(c) The database must facilitate the entry of required information and the sharing of information between the department and the Department of Family and Protective Services. At a minimum, the database must include the following information regarding investigations of abuse, neglect, or exploitation: (12576)

(1) the number of allegations of abuse, neglect, or exploitation received relating to a facility or group home, other than a foster home; and (12577)

(2) the number of allegations relating to a facility or group home, other than a foster home, substantiated through an investigation. (12578)

(d) Each allegation involving a unique individual in a facility or group home, other than a foster home, is considered a separate allegation for purposes of Subsection (c). (12579)

(e) The department shall ensure that information related to findings concerning failure to comply with regulatory standards directly related to the prevention of abuse, neglect, or exploitation in a facility or group home, other than a foster home, is collected and stored in the database and may be disaggregated by home, provider, and facility. (12580)

(f) The department and the Department of Family and Protective Services may not release or distribute information in the database in a form that contains personally identifiable information related to an individual in a facility or group home or to a victim of abuse, neglect, or exploitation. (12581)

Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 37, eff. June 11, 2009. (12582)

Amended by: (12583)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.450, eff. April 2, 2015. (12584)

Sec. 161.078. ELIGIBILITY FOR DEAF-BLIND WITH MULTIPLE DISABILITIES WAIVER PROGRAM. (12585)(1-click HTML)

(a) Subject to the availability of funds appropriated for that purpose, the department shall provide home-based and community-based services under the deaf-blind with multiple disabilities waiver program without regard to a person's age if the person applies for and is otherwise eligible to receive services under the waiver program. (12586)

(b) Subsection (a) does not prevent the department from establishing an age requirement with respect to other programs or services offered to persons who are deaf-blind with multiple disabilities, including the summer outdoor training program for individuals who are deaf-blind with multiple disabilities established under Section 22.036(c). (12587)

Added by Acts 2009, 81st Leg., R.S., Ch. 269 (S.B. 37), Sec. 1, eff. May 30, 2009. (12588)

Redesignated from Human Resources Code, Section 161.076 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(35), eff. September 1, 2011. (12589)

Amended by: (12590)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.451, eff. April 2, 2015. (12591)

Sec. 161.079. INFORMAL CAREGIVER SERVICES. (12592)(1-click HTML)

(a) In this section: (12593)

(1) "Area agency on aging" has the meaning assigned by Section 161.075. (12594)

(2) "Local entity" means an area agency on aging or other entity that provides services and support for older persons or persons with disabilities and their caregivers. (12595)

(b) The department shall coordinate with area agencies on aging and, to the extent considered feasible by the department, may coordinate with other local entities to coordinate public awareness outreach efforts regarding the role of informal caregivers in long-term care situations, including efforts to raise awareness of support services available in this state for informal caregivers. (12596)

(c) The department shall perform the following duties to assist a local entity with outreach efforts under this section: (12597)

(1) expand an existing department website to provide a link through which a local entity may post and access best practices information regarding informal caregiver support; and (12598)

(2) create a document template that a local entity may adapt as necessary to reflect resources available to informal caregivers in the area supported by the entity. (12599)

(d) The department shall create or modify a form to be included in the functional eligibility determination process for long-term care benefits for older persons under the Medicaid program and, to the extent considered feasible by the department, may include a form in systems for other long-term care support services. The department shall use the form to identify informal caregivers for the purpose of enabling the department to refer the caregivers to available support services. The form may be based on an existing form, may include optional questions for an informal caregiver, or may include questions from similar forms used in other states. (12600)

(e) The department shall coordinate with area agencies on aging and, to the extent considered feasible by the department, may coordinate with other local entities to develop and implement a protocol to evaluate the needs of certain informal caregivers. The protocol must: (12601)

(1) provide guidance on the type of caregivers who should receive an assessment; and (12602)

(2) include the use of a standardized assessment tool that may be based on similar tools used in other states, including the Tailored Caregiver Assessment and Referral process. (12603)

(f) The department shall require area agencies on aging and, to the extent considered feasible by the department, other local entities to use the protocol and assessment tool under Subsection (e) and report the data gathered from the assessment tool to the department. (12604)

(g) The department shall analyze the data reported under Subsection (f) and collected from the form under Subsection (d) and shall submit a report not later than December 1 of each even-numbered year to the governor and the Legislative Budget Board that summarizes the data analysis. (12605)

(h) The department shall use the data analyzed under Subsection (g) to: (12606)

(1) evaluate the needs of assessed informal caregivers; (12607)

(2) measure the effectiveness of certain informal caregiver support interventions; (12608)

(3) improve existing programs; (12609)

(4) develop new services as necessary to sustain informal caregivers; and (12610)

(5) determine the effect of informal caregiving on employment and employers. (12611)

Added by Acts 2009, 81st Leg., R.S., Ch. 726 (S.B. 271), Sec. 1, eff. June 19, 2009. (12612)

Redesignated from Human Resources Code, Section 161.076 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(36), eff. September 1, 2011. (12613)

Amended by: (12614)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.452, eff. April 2, 2015. (12615)

Sec. 161.080. CONTRACTS FOR SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. (12616)(1-click HTML)

(a) A person that provides services to individuals with developmental disabilities may contract with a state supported living center for the center to provide services and resources to support those individuals. (12617)

(b) Notwithstanding any other law, a state supported living center may provide nonresidential services to support an individual if the provision of services to the individual does not interfere with the provision of services to a resident of the state supported living center. (12618)

(c) The executive commissioner by rule shall establish: (12619)

(1) a list of services a state supported living center may provide under a contract described by Subsection (a); and (12620)

(2) procedures for the commission to create, maintain, and amend as needed a schedule of fees that a state supported living center may charge for a service included in the list described by Subdivision (1). (12621)

(d) In creating a schedule of fees, the commission shall: (12622)

(1) use the reimbursement rate for the applicable service under the Medicaid program; or (12623)

(2) modify that rate with a written justification for the modification and after holding a public hearing on the issue of the modification. (12624)

(e) Notwithstanding Subsection (c), a state supported living center, based on negotiations between the center and a managed care organization, as defined by Section 533.001, Government Code, may charge a fee for a service other than the fee provided by the schedule of fees created by the commission under this section. (12625)

Added by Acts 2009, 81st Leg., R.S., Ch. 904 (H.B. 748), Sec. 1, eff. June 19, 2009. (12626)

Redesignated from Human Resources Code, Section 161.077 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(37), eff. September 1, 2011. (12627)

Amended by: (12628)

Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 1, eff. June 14, 2013. (12629)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.453, eff. April 2, 2015. (12630)

Acts 2017, 85th Leg., R.S., Ch. 300 (S.B. 547), Sec. 1, eff. May 29, 2017. (12631)

Sec. 161.081. LONG-TERM CARE MEDICAID WAIVER PROGRAMS: STREAMLINING AND UNIFORMITY. (12632)(1-click HTML)

(a) In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code. (12633)

(b) The department, in consultation with the commission, shall streamline the administration of and delivery of services through Section 1915(c) waiver programs. In implementing this subsection, the department, subject to Subsection (c), may consider implementing the following streamlining initiatives: (12634)

(1) reducing the number of forms used in administering the programs; (12635)

(2) revising program provider manuals and training curricula; (12636)

(3) consolidating service authorization systems; (12637)

(4) eliminating any physician signature requirements the department considers unnecessary; (12638)

(5) standardizing individual service plan processes across the programs; (12639)

(6) if feasible: (12640)

(A) concurrently conducting program certification and billing audit and review processes and other related audit and review processes; (12641)

(B) streamlining other billing and auditing requirements; (12642)

(C) eliminating duplicative responsibilities with respect to the coordination and oversight of individual care plans for persons receiving waiver services; and (12643)

(D) streamlining cost reports and other cost reporting processes; and (12644)

(7) any other initiatives that will increase efficiencies in the programs. (12645)

(c) The department shall ensure that actions taken under Subsection (b) do not conflict with any requirements of the commission under Section 531.0218, Government Code. (12646)

(d) The department and the commission shall jointly explore the development of uniform licensing and contracting standards that would: (12647)

(1) apply to all contracts for the delivery of Section 1915(c) waiver program services; (12648)

(2) promote competition among providers of those program services; and (12649)

(3) integrate with other department and commission efforts to streamline and unify the administration and delivery of the program services, including those required by this section or Section 531.0218, Government Code. (12650)

Added by Acts 2009, 81st Leg., R.S., Ch. 759 (S.B. 705), Sec. 1, eff. June 19, 2009. (12651)

Redesignated from Human Resources Code, Section 161.077 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(38), eff. September 1, 2011. (12652)

Amended by: (12653)

Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.06(a), eff. September 28, 2011. (12654)

Sec. 161.082. LONG-TERM CARE MEDICAID WAIVER PROGRAMS: UTILIZATION REVIEW. (12655)(1-click HTML)

(a) In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code. (12656)

(b) The department shall perform a utilization review of services in all Section 1915(c) waiver programs. The utilization review must include, at a minimum, reviewing program recipients' levels of care and any plans of care for those recipients that exceed service level thresholds established in the applicable waiver program guidelines. (12657)

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.06(b), eff. September 28, 2011. (12658)

Sec. 161.083. CORRECTIONS MEDICATION AIDES. (12659)(1-click HTML)

(a) The executive commissioner shall establish: (12660)

(1) minimum standards and procedures for the approval of corrections medication aide training programs, including curricula, developed under Section 501.1485, Government Code; (12661)

(2) minimum requirements for the issuance, denial, renewal, suspension, and revocation of a permit to a corrections medication aide, including the payment of an application or renewal fee in an amount necessary to cover the costs incurred by the department in administering this section; and (12662)

(3) the acts and practices that are within and outside the scope of a permit issued under this section. (12663)

(b) Not later than the 90th day after receipt of an application for approval of a corrections medication aide training program developed under Section 501.1485, Government Code, the department shall: (12664)

(1) approve the program, if the program meets the minimum standards and procedures established under Subsection (a)(1); or (12665)

(2) provide notice to the Texas Department of Criminal Justice that the program is not approved and include in the notice a description of the actions that are required for the program to be approved. (12666)

(c) The department shall issue a permit to or renew the permit of an applicant who meets the minimum requirements established under Subsection (a)(2). The department shall coordinate with the Texas Department of Criminal Justice in the performance of the department's duties and functions under this subsection. (12667)

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 65.06, eff. September 28, 2011. (12668)

Sec. 161.084. MEDICAID SERVICE OPTIONS PUBLIC EDUCATION INITIATIVE. (12669)(1-click HTML)

(a) In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code. (12670)

(b) The department, in cooperation with the commission, shall educate the public on: (12671)

(1) the availability of home and community-based services under a Medicaid state plan program, including the primary home care and community attendant services programs, and under a Section 1915(c) waiver program; and (12672)

(2) the various service delivery options available under the Medicaid program, including the consumer direction models available to recipients under Section 531.051, Government Code. (12673)

(c) The department may coordinate the activities under this section with any other related activity. (12674)

Added by Acts 2011, 82nd Leg., R.S., Ch. 1057 (S.B. 222), Sec. 3, eff. September 1, 2011. (12675)

Sec. 161.085. INTEREST LIST REPORTING. (12676)(1-click HTML)

The department shall post on the department's Internet website historical data, categorized by state fiscal year, on the percentages of individuals who elect to receive services under a program for which the department maintains an interest list once their names reach the top of the list. (12677)

Added by Acts 2011, 82nd Leg., R.S., Ch. 1057 (S.B. 222), Sec. 3, eff. September 1, 2011. (12678)

Sec. 161.086. ELECTRONIC VISIT VERIFICATION SYSTEM. (12679)(1-click HTML)

If it is cost-effective, the department shall implement an electronic visit verification system under appropriate programs administered by the department under the Medicaid program that allows providers to electronically verify and document basic information relating to the delivery of services, including: (12680)

(1) the provider's name; (12681)

(2) the recipient's name; (12682)

(3) the date and time the provider begins and ends the delivery of services; and (12683)

(4) the location of service delivery. (12684)

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.07, eff. September 28, 2011. (12685)

Sec. 161.087. GIFTS AND GRANTS. (12686)(1-click HTML)

(a) The department may accept gifts and grants of money, personal property, and real property from public or private sources to expand and improve the human services programs for the aging and persons with disabilities available in this state. (12687)

(b) The department shall use a gift or grant of money, personal property, or real property made for a specific purpose in accordance with the purpose expressly prescribed by the donor. The department may decline the gift or grant if the department determines that it cannot be economically used for that purpose. (12688)

(c) The department shall keep a record of each gift or grant in the department's central office in the city of Austin. (12689)

Added by Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 2, eff. June 14, 2013. (12690)

Amended by: (12691)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.454, eff. April 2, 2015. (12692)

Sec. 161.088. TRAUMA-INFORMED CARE TRAINING. (12693)(1-click HTML)

(a) The department shall develop or adopt trauma-informed care training for employees who work directly with individuals with intellectual and developmental disabilities in state supported living centers and intermediate care facilities. The executive commissioner by rule shall require new employees to complete the training before working with individuals with intellectual and developmental disabilities. (12694)

(b) The training required under this section may be provided through an Internet website. (12695)

Added by Acts 2015, 84th Leg., R.S., Ch. 796 (H.B. 2789), Sec. 1, eff. September 1, 2015. (12696)

Sec. 161.089. ADMINISTRATIVE PENALTIES. (12697)(1-click HTML)

(a) This section applies to the following waiver programs established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)), and administered by the commission to serve persons with an intellectual or developmental disability: (12698)

(1) the home and community-based services (HCS) waiver program; and (12699)

(2) the Texas home living (TxHmL) waiver program. (12700)

(b) The commission may assess and collect an administrative penalty against a provider who participates in a program to which this section applies for a violation of a law or rule relating to the program. If the commission assesses an administrative penalty against a provider for a violation of a law or rule, the commission may not impose a payment hold against or otherwise withhold contract payments from the provider for the same violation of a law or rule. (12701)

(c) After consulting with appropriate stakeholders, the executive commissioner shall develop and adopt rules regarding the imposition of administrative penalties under this section. The rules must: (12702)

(1) specify the types of violations that warrant imposition of an administrative penalty; (12703)

(2) establish a schedule of progressive administrative penalties in accordance with the relative type, frequency, and seriousness of a violation; (12704)

(3) prescribe reasonable amounts to be imposed for each violation giving rise to an administrative penalty, subject to Subdivision (4); (12705)

(4) authorize the imposition of an administrative penalty in an amount not to exceed $5,000 for each violation; (12706)

(5) provide that a provider commits a separate violation each day the provider continues to violate the law or rule; (12707)

(6) ensure standard and consistent application of administrative penalties throughout the state; and (12708)

(7) provide for an administrative appeals process to adjudicate claims and appeals relating to the imposition of an administrative penalty under this section that is in accordance with Chapter 2001, Government Code. (12709)

(d) In determining the types of violations that warrant imposition of an administrative penalty and in establishing the schedule of progressive administrative penalties and penalty amounts under Subsection (c), the executive commissioner must consider: (12710)

(1) the seriousness of a violation, including: (12711)

(A) the nature, circumstances, extent, and gravity of the violation; and (12712)

(B) the hazard to the health or safety of recipients resulting from the violation; (12713)

(2) the provider's history of previous violations; (12714)

(3) whether the provider: (12715)

(A) had prior knowledge of the violation, including whether the provider identified the violation through the provider's internal quality assurance process; and (12716)

(B) made any efforts to mitigate or correct the identified violation; (12717)

(4) the penalty amount necessary to deter future violations; and (12718)

(5) any other matter justice may require. (12719)

(e) Except as provided by Subsection (f), the executive commissioner by rule shall provide to a provider who has implemented a plan of correction a reasonable period of time following the date the commission sends notice to the provider of the violation to correct the violation before the commission may assess an administrative penalty. The period may not be less than 45 days. (12720)

(f) The commission may assess an administrative penalty without providing a reasonable period of time to a provider to correct the violation if the violation: (12721)

(1) represents a pattern of violation that results in actual harm; (12722)

(2) is widespread in scope and results in actual harm; (12723)

(3) is widespread in scope and constitutes a potential for actual harm; (12724)

(4) constitutes an immediate threat to the health or safety of a recipient; (12725)

(5) substantially limits the provider's ability to provide care; or (12726)

(6) is a violation in which a provider: (12727)

(A) wilfully interferes with the work of a representative of the commission or the enforcement of a law relating to a program to which this section applies; (12728)

(B) fails to pay a penalty assessed by the commission under this section not later than the 10th day after the date the assessment of the penalty becomes final, subject to Section 161.0891; or (12729)

(C) fails to submit a plan of correction not later than the 10th day after the date the provider receives a statement of the violation. (12730)

(g) Notwithstanding any other provision of this section, an administrative penalty ceases to be incurred on the date a violation is corrected. (12731)

(h) In this section: (12732)

(1) "Actual harm" means a negative outcome that compromises a recipient's physical, mental, or emotional well-being. (12733)

(2) "Immediate threat to the health or safety of a recipient" means a situation that causes, or is likely to cause, serious injury, harm, or impairment to or the death of a recipient. (12734)

(3) "Pattern of violation" means repeated, but not pervasive, failures of a provider to comply with a law relating to a program to which this section applies that: (12735)

(A) result in a violation; and (12736)

(B) are found throughout the services provided by the provider or that affect or involve the same recipients or provider employees or volunteers. (12737)

(4) "Recipient" means a person served by a program to which this section applies. (12738)

(5) "Widespread in scope" means a violation of a law relating to a program to which this section applies that: (12739)

(A) is pervasive throughout the services provided by the provider; or (12740)

(B) represents a systemic failure by the provider that affects or has the potential to affect a large portion of or all of the recipients. (12741)

Added by Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 15, eff. September 1, 2015. (12742)

Added by Acts 2015, 84th Leg., R.S., Ch. 1200 (S.B. 1385), Sec. 1, eff. September 1, 2015. (12743)

Redesignated from Human Resources Code, Section 161.088 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(29), eff. September 1, 2017. (12744)

Redesignated and amended from Human Resources Code, Section 161.088 by Acts 2017, 85th Leg., R.S., Ch. 487 (H.B. 2590), Sec. 1, eff. September 1, 2017. (12745)

For expiration of this section, see Subsection (h). (12746)

Sec. 161.0891. AMELIORATION PROCESS. (12747)(1-click HTML)

(a) In lieu of demanding payment of an administrative penalty assessed under Section 161.089, the commission may, in accordance with this section, allow the provider subject to the penalty to use, under the supervision of the commission, any portion of the amount of the penalty to ameliorate the violation or to improve services in the waiver program in which the provider participates. (12748)

(b) The commission shall offer amelioration to a provider under this section not later than the 10th day after the date the provider receives from the commission a final notification of the assessment of an administrative penalty that is sent to the provider after an informal dispute resolution process but before an administrative hearing. (12749)

(c) A provider to whom amelioration has been offered must file a plan for amelioration not later than the 45th day after the date the provider receives the offer of amelioration from the commission. In submitting the plan, the provider must agree to waive the provider's right to an administrative hearing if the commission approves the plan. (12750)

(d) At a minimum, a plan for amelioration must: (12751)

(1) propose changes to the management or operation of the waiver program in which the provider participates that will improve services to or quality of care for recipients under the program; (12752)

(2) identify, through measurable outcomes, the ways in which and the extent to which the proposed changes will improve services to or quality of care for recipients under the waiver program; (12753)

(3) establish clear goals to be achieved through the proposed changes; (12754)

(4) establish a timeline for implementing the proposed changes; and (12755)

(5) identify specific actions necessary to implement the proposed changes. (12756)

(e) The commission may require that an amelioration plan propose changes that would result in conditions that exceed the requirements of a law or rule relating to the waiver program in which the provider participates. (12757)

(f) The commission shall approve or deny an amelioration plan not later than the 45th day after the date the commission receives the plan. On approval of a provider's plan, the commission or the State Office of Administrative Hearings, as appropriate, shall deny a pending request for a hearing submitted by the provider. (12758)

(g) The commission may not offer amelioration to a provider: (12759)

(1) more than three times in a two-year period; (12760)

(2) more than one time in a two-year period for the same or similar violation; or (12761)

(3) for a violation that resulted in hazard to the health or safety of a recipient, including serious harm or death, or that substantially limits the provider's ability to provide care. (12762)

(h) This section expires September 1, 2023. (12763)

Added by Acts 2017, 85th Leg., R.S., Ch. 487 (H.B. 2590), Sec. 2, eff. September 1, 2017. (12764)

Sec. 161.0892. INFORMAL DISPUTE RESOLUTION. (12765)(1-click HTML)

(a) The executive commissioner by rule shall establish an informal dispute resolution process in accordance with this section. The process must provide for adjudication by an appropriate disinterested person of disputes relating to a proposed enforcement action or related proceeding of the commission against a provider participating in a waiver program described by Section 161.089. The informal dispute resolution process must require: (12766)

(1) a provider participating in a waiver program described by Section 161.089 to request informal dispute resolution not later than the 10th calendar day after the date of notification by the commission of the violation of a law or rule relating to the program; and (12767)

(2) the commission to complete the process not later than the 30th calendar day after the date of receipt of a request from a provider for informal dispute resolution. (12768)

(b) As part of the informal dispute resolution process established under this section, the commission shall contract with an appropriate disinterested person to adjudicate disputes between a provider participating in a waiver program described by Section 161.089 and the commission concerning a statement of violations prepared by the commission. Section 2009.053, Government Code, does not apply to the selection of an appropriate disinterested person under this subsection. The person with whom the commission contracts shall adjudicate all disputes described by this subsection. (12769)

(c) The executive commissioner shall adopt rules to adjudicate claims in contested cases. (12770)

(d) The commission may not delegate its responsibility to administer the informal dispute resolution process established by this section to another state agency. (12771)

Added by Acts 2017, 85th Leg., R.S., Ch. 487 (H.B. 2590), Sec. 2, eff. September 1, 2017. (12772)

SUBCHAPTER D-1. ADMINISTRATION OF MEDICATION FOR CLIENTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (12773)(1-click HTML)
Sec. 161.091. DEFINITIONS. (12774)(1-click HTML)

In this subchapter: (12775)

(1) "Administration of medication" means: (12776)

(A) removing a unit or dose of medication from a previously dispensed, properly labeled container; (12777)

(B) verifying the medication with the medication order; (12778)

(C) giving the proper medication in the proper dosage to the proper client at the proper time by the proper administration route; and (12779)

(D) recording the time of administration and dosage administered. (12780)

(2) "Client" means a person with an intellectual and developmental disability who is receiving services from a facility or program listed in Section 161.092. (12781)

(3) "Unlicensed person" means an individual not licensed as a health care provider who provides services at or for a facility or program listed in Section 161.092, including: (12782)

(A) a nurse aide, orderly, assistant, attendant, technician, home health aide, medication aide with a permit issued by a state agency, or other individual who provides personal health care-related services; (12783)

(B) a person who is monetarily compensated to perform certain health-related tasks and functions in a complementary or assistive role to a licensed nurse who provides direct client care or performs common nursing functions; (12784)

(C) a person who performs those tasks and functions as a volunteer but does not qualify as a friend providing gratuitous nursing care of the sick under Section 301.004, Occupations Code; or (12785)

(D) a person who is a professional nursing student who provides care for monetary compensation and not as part of a formal educational program. (12786)

Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011. (12787)

Sec. 161.092. APPLICABILITY. (12788)(1-click HTML)

This subchapter applies only to administration of medication provided to certain persons with intellectual and developmental disabilities who are served: (12789)

(1) in a small facility with not less than one and not more than eight beds that is licensed or certified under Chapter 252, Health and Safety Code; (12790)

(2) in a medium facility with not less than 9 and not more than 13 beds that is licensed or certified under Chapter 252, Health and Safety Code; or (12791)

(3) by one of the following Section 1915(c) waiver programs administered by the department to serve persons with intellectual and developmental disabilities: (12792)

(A) the Home and Community-Based Services waiver program; or (12793)

(B) the Texas Home Living waiver program. (12794)

Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011. (12795)

Amended by: (12796)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.455, eff. April 2, 2015. (12797)

Sec. 161.093. ADMINISTRATION OF MEDICATION. (12798)(1-click HTML)

(a) Notwithstanding other law, an unlicensed person may provide administration of medication to a client without the requirement that a registered nurse delegate or oversee each administration if: (12799)

(1) the medication is: (12800)

(A) an oral medication; (12801)

(B) a topical medication; or (12802)

(C) a metered dose inhaler; (12803)

(2) the medication is administered to the client for a stable or predictable condition; (12804)

(3) the client has been personally assessed by a registered nurse initially and in response to significant changes in the client's health status, and the registered nurse has determined that the client's health status permits the administration of medication by an unlicensed person; and (12805)

(4) the unlicensed person has been: (12806)

(A) trained by a registered nurse or licensed vocational nurse under the direction of a registered nurse regarding proper administration of medication; or (12807)

(B) determined to be competent by a registered nurse or licensed vocational nurse under the direction of a registered nurse regarding proper administration of medication, including through a demonstration of proper technique by the unlicensed person. (12808)

(b) The administration of medication other than the medications described by Subsection (a)(1) is subject to the rules of the Texas Board of Nursing regarding the delegation of nursing tasks to unlicensed persons in independent living environments such as the facilities and programs listed in Section 161.092. (12809)

Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011. (12810)

Sec. 161.094. DEPARTMENT DUTIES. (12811)(1-click HTML)

(a) The department shall ensure that: (12812)

(1) administration of medication by an unlicensed person under this subchapter is reviewed at least annually and after any significant change in a client's condition by a registered nurse or a licensed vocational nurse under the supervision of a registered nurse; and (12813)

(2) a facility or program listed in Section 161.092 has policies to ensure that the determination of whether an unlicensed person may provide administration of medication to a client under Section 161.093 may be made only by a registered nurse. (12814)

(b) The department shall verify that: (12815)

(1) each client is assessed to identify the client's needs and abilities regarding the client's medications; (12816)

(2) the administration of medication by an unlicensed person to a client is performed only by an unlicensed person who is authorized to perform that administration under Section 161.093; and (12817)

(3) the administration of medication to each client is performed in such a manner as to ensure the greatest degree of independence, including the use of an adaptive or assistive aid, device, or strategy as allowed under program rules. (12818)

(c) The department shall enforce this subchapter. (12819)

Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011. (12820)

Sec. 161.095. LIABILITY. (12821)(1-click HTML)

(a) A registered nurse performing a client assessment required under Section 161.093, or a registered nurse or licensed vocational nurse training an unlicensed person or determining whether an unlicensed person is competent to perform administration of medication under Section 161.093, may be held accountable or civilly liable only in relation to whether the nurse properly: (12822)

(1) performed the assessment; (12823)

(2) conducted the training; and (12824)

(3) determined whether the unlicensed person is competent to provide administration of medication to clients. (12825)

(b) The Texas Board of Nursing may take disciplinary action against a registered nurse or licensed vocational nurse under this subchapter only in relation to whether: (12826)

(1) the registered nurse properly performed the client assessment required by Section 161.093; (12827)

(2) the registered nurse or licensed vocational nurse properly trained the unlicensed person in the administration of medication; and (12828)

(3) the registered nurse or licensed vocational nurse properly determined whether an unlicensed person is competent to provide administration of medication to clients. (12829)

(c) A registered nurse or licensed vocational nurse may not be held accountable or civilly liable for the acts or omissions of an unlicensed person performing administration of medication. (12830)

Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011. (12831)

Sec. 161.096. CONFLICT WITH OTHER LAW. (12832)(1-click HTML)

This subchapter controls to the extent of a conflict with other law. (12833)

Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011. (12834)

SUBCHAPTER E. GUARDIANSHIP SERVICES (12835)(1-click HTML)
Sec. 161.101. GUARDIANSHIP SERVICES. (12836)(1-click HTML)

(a) The department shall file an application under Section 1101.001 or 1251.003, Estates Code, to be appointed guardian of the person or estate, or both, of a minor referred to the department under Section 48.209(a)(1) for guardianship services if the department determines: (12837)

(1) that the minor, because of a mental or physical condition, will be substantially unable to provide for the minor's own food, clothing, or shelter, to care for the minor's own physical health, or to manage the individual's own financial affairs when the minor becomes an adult; and (12838)

(2) that a less restrictive alternative to guardianship is not available for the minor. (12839)

(b) The department shall conduct a thorough assessment of the conditions and circumstances of an elderly person or person with a disability referred to the department under Section 48.209(a)(2) for guardianship services to determine whether a guardianship is appropriate for the individual or whether a less restrictive alternative is available for the individual. In determining whether a guardianship is appropriate, the department may consider the resources and funds available to meet the needs of the elderly person or person with a disability. The executive commissioner shall adopt rules for the administration of this subsection. (12840)

(c) Subject to Subsection (c-1), if after conducting an assessment of an elderly person or person with a disability under Subsection (b) the department determines that: (12841)

(1) guardianship is appropriate for the elderly person or person with a disability, the department shall: (12842)

(A) file an application under Section 1101.001 or 1251.003, Estates Code, to be appointed guardian of the person or estate, or both, of the individual; or (12843)

(B) if the department determines that an alternative person or program described by Section 161.102 is available to serve as guardian, refer the individual to that person or program as provided by that section; or (12844)

(2) a less restrictive alternative to guardianship is available for the elderly person or person with a disability, the department shall pursue the less restrictive alternative instead of taking an action described by Subdivision (1). (12845)

(c-1) Not later than the 70th day after the date the department receives a referral under Section 48.209(a)(2) for guardianship services, the department shall make the determination required by Subsection (c) and, if the department determines that guardianship is appropriate and that the department should serve as guardian, file the application to be appointed guardian under Section 1101.001 or 1251.003, Estates Code. If the department determines that an alternative person or program described by Section 161.102 is available to serve as guardian, the department shall refer the elderly person or person with a disability to that alternative person or program in a manner that would allow the alternative person or program sufficient time to file, not later than the 70th day after the date the department received the referral, an application to be appointed guardian. (12846)

(c-2) With the approval of the Department of Family and Protective Services, the department may extend, by not more than 30 days, a period prescribed by Subsection (c-1) if the extension is: (12847)

(1) made in good faith, including any extension for a person or program described by Section 161.102 that intends to file an application to be appointed guardian; and (12848)

(2) in the best interest of the elderly person or person with a disability. (12849)

(d) The department may not be required by a court to file an application for guardianship, and except as provided by Subsection (f) and Section 1203.108(b), Estates Code, the department may not be appointed as permanent guardian for any individual unless the department files an application to serve or otherwise agrees to serve as the individual's guardian of the person or estate, or both. (12850)

(e) A guardianship created for an individual as a result of an application for guardianship filed under Subsection (a) may not take effect before the individual's 18th birthday. (12851)

(f) On appointment by a probate court under Section 1203.108(b), Estates Code, the department shall serve as the successor guardian of the person or estate, or both, of a ward described by that section. (12852)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12853)

Amended by: (12854)

Acts 2009, 81st Leg., R.S., Ch. 726 (S.B. 271), Sec. 2, eff. June 19, 2009. (12855)

Acts 2009, 81st Leg., R.S., Ch. 935 (H.B. 3112), Sec. 1, eff. September 1, 2009. (12856)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.456, eff. April 2, 2015. (12857)

Sec. 161.102. REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON. (12858)(1-click HTML)

(a) If the department becomes aware of a guardianship program, private professional guardian, or other person willing and able to provide the guardianship services that would otherwise be provided by the department to an individual referred to the department by the Department of Family and Protective Services under Section 48.209, the department shall refer the individual to that person or program for guardianship services. (12859)

(b) If requested by a court, the department shall notify the court of any referral made to the department by the Department of Family and Protective Services relating to any individual who is domiciled or found in a county where the requesting court has probate jurisdiction and who may be appropriate for a court-initiated guardianship proceeding under Chapter 1102, Estates Code. In making a referral under this subsection and if requested by the court, the department shall, to the extent allowed by law, provide the court with all relevant information in the department's records relating to the individual. The court, as part of this process, may not require the department to: (12860)

(1) perform the duties of a guardian ad litem or court investigator as prescribed by Chapter 1102, Estates Code; or (12861)

(2) gather additional information not contained in the department's records. (12862)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12863)

Amended by: (12864)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.457, eff. April 2, 2015. (12865)

Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. (12866)(1-click HTML)

If appropriate, the department may contract with a political subdivision of this state, a guardianship program as defined by Section 1002.016, Estates Code, a private agency, or another state agency for the provision of guardianship services under this section. (12867)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12868)

Amended by: (12869)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.458, eff. April 2, 2015. (12870)

Sec. 161.104. QUALITY ASSURANCE PROGRAM. (12871)(1-click HTML)

The department shall develop and implement a quality assurance program for guardianship services provided by or on behalf of the department. If the department enters into a contract with a political subdivision, guardianship program, private agency, or other state agency under Section 161.103, the department shall establish a monitoring system as part of the quality assurance program to ensure the quality of guardianship services for which the department contracts under that section. (12872)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12873)

Sec. 161.105. OATH. (12874)(1-click HTML)

A representative of the department shall take the oath required by the Estates Code on behalf of the department if the department is appointed guardian of the person or estate, or both, of a ward under Title 3 of that code. (12875)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12876)

Amended by: (12877)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.459, eff. April 2, 2015. (12878)

Sec. 161.106. GUARDIANSHIP POWERS AND DUTIES. (12879)(1-click HTML)

In serving as guardian of the person or estate, or both, for an incapacitated individual, the department has all the powers granted and duties prescribed to a guardian under Title 3, Estates Code, or any other applicable law. (12880)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12881)

Amended by: (12882)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.460, eff. April 2, 2015. (12883)

Sec. 161.107. EXEMPTION FROM GUARDIANSHIP BONDS, CERTAIN COSTS, FEES, AND EXPENSES. (12884)(1-click HTML)

(a) The department or a political subdivision of this state or state agency with which the department contracts under Section 161.103 is not required to post a bond or pay any cost or fee associated with a bond otherwise required by the Estates Code in guardianship matters. (12885)

(b) The department is not required to pay any cost or fee otherwise imposed for court proceedings or other services, including: (12886)

(1) a filing fee or fee for issuance of service of process imposed by Section 51.317, 51.318(b)(2), or 51.319, Government Code; (12887)

(2) a court reporter service fee imposed by Section 51.601, Government Code; (12888)

(3) a judicial fund fee imposed by Section 51.702, Government Code; (12889)

(4) a judge's fee imposed by Section 25.0008 or 25.0029, Government Code; (12890)

(5) a cost or security fee imposed by Section 53.051, 53.052, 1053.051, or 1053.052, Estates Code; or (12891)

(6) a fee imposed by a county officer under Section 118.011 or 118.052, Local Government Code. (12892)

(c) The department may not be required to pay fees associated with the appointment of a guardian ad litem or attorney ad litem. (12893)

(d) A political subdivision of this state or state agency with which the department contracts under Section 161.103 is not required to pay any cost or fee otherwise required by the Estates Code. (12894)

(e) If the department is appointed guardian, the department is not liable for funding services provided to the department's ward, including long-term care or burial expenses. (12895)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12896)

Amended by: (12897)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.461, eff. April 2, 2015. (12898)

Sec. 161.108. SUCCESSOR GUARDIAN. (12899)(1-click HTML)

The department shall review each of the department's pending guardianship cases at least annually to determine whether a more suitable person, including a guardianship program or private professional guardian, is willing and able to serve as successor guardian for a ward of the department. If the department becomes aware of any person's willingness and ability to serve as successor guardian, the department shall notify the court in which the guardianship is pending as required by Section 1203.151, Estates Code. (12900)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12901)

Amended by: (12902)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.462, eff. April 2, 2015. (12903)

Sec. 161.109. ACCESS TO RECORDS OR DOCUMENTS. (12904)(1-click HTML)

(a) The department shall have access to all of the records and documents concerning an individual who is referred for guardianship services or to whom guardianship services are provided under this subchapter that are necessary to the performance of the department's duties under this subchapter, including: (12905)

(1) client-identifying information; and (12906)

(2) medical, psychological, educational, financial, and residential information. (12907)

(b) The department is exempt from the payment of a fee otherwise required or authorized by law to obtain a financial or medical record, including a mental health record, from any source if the request for a record is related to an assessment for guardianship services conducted by the department or the provision of guardianship services by the department. (12908)

(c) If the department cannot obtain access to a record or document that is necessary to properly perform a duty under this subchapter, the department may petition the probate court or the statutory or constitutional court having probate jurisdiction for access to the record or document. (12909)

(d) The court with probate jurisdiction shall, on good cause shown, order the person or entity who denied access to a record or document to allow the department to have access to the record or document under the terms and conditions prescribed by the court. (12910)

(e) A person or entity is entitled to notice of and a hearing on the department's petition for access as described by this section. (12911)

(f) Access to, or disclosure of, a confidential record or other confidential information under this section does not constitute a waiver of confidentiality for other purposes or as to other persons. (12912)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12913)

Amended by: (12914)

Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 3, eff. September 1, 2011. (12915)

Sec. 161.110. LEGAL REPRESENTATION OF DEPARTMENT. (12916)(1-click HTML)

(a) Except as provided by Subsection (b), (c), or (f), the prosecuting attorney representing the state in criminal cases in the county court shall represent the department in any proceeding under this subchapter unless the representation would be a conflict of interest. (12917)

(b) If the attorney representing the state in criminal cases in the county court is unable to represent the department in an action under this subchapter because of a conflict of interest, the attorney general shall represent the department in the action. (12918)

(c) If the attorney general is unable to represent the department in an action under this subchapter, the attorney general shall deputize an attorney who has contracted with the department under Subsection (d) or an attorney employed by the department under Subsection (e) to represent the department in the action. (12919)

(d) Subject to the approval of the attorney general, the department may contract with a private attorney to represent the department in an action under this subchapter. (12920)

(e) The department may employ attorneys to represent the department in an action under this subchapter. (12921)

(f) In a county having a population of more than 2.8 million, the prosecuting attorney representing the state in civil cases in the county court shall represent the department in any proceeding under this subchapter unless the representation would be a conflict of interest. If such attorney is unable to represent the department in an action under this subchapter because of a conflict of interest, the attorney general shall represent the department in the action. (12922)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12923)

Sec. 161.111. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION. (12924)(1-click HTML)

(a) All files, reports, records, communications, or working papers used or developed by the department in the performance of duties relating to the assessment for or the provision of guardianship services to an individual referred for guardianship services under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code. (12925)

(b) Confidential information may be disclosed only for a purpose consistent with this subchapter, as required by other state or federal law, or as necessary to enable the department to exercise its powers and duties as guardian of the person or estate, or both, of an individual. (12926)

(c) A court may order disclosure of confidential information only if: (12927)

(1) a motion is filed with the court requesting release of the information and a hearing on that request; (12928)

(2) notice of the hearing is served on the department and each interested party; and (12929)

(3) the court determines after the hearing and an in camera review of the information that disclosure is essential to the administration of justice and will not endanger the life or safety of any individual who: (12930)

(A) is being assessed by the department for guardianship services under this subchapter; (12931)

(B) is a ward of the department; or (12932)

(C) provides services to a ward of the department. (12933)

(d) The executive commissioner shall establish a policy and procedures for the exchange of information with another state agency or governmental entity, including a court, with a local guardianship program to which an individual is referred for services, or with any other entity who provides services to a ward of the department, as necessary for the department, state agency, governmental entity, or other entity to properly execute its respective duties and responsibilities to provide guardianship services or other needed services to meet the needs of the ward under this subchapter or other law. An exchange of information under this subsection does not constitute a release for purposes of waiving the confidentiality of the information exchanged. (12934)

(e) To the extent consistent with department policies and procedures, the department on request may release confidential information in the record of an individual who is assessed by the department or is a former ward of the department to: (12935)

(1) the individual; (12936)

(2) the individual's guardian; or (12937)

(3) an executor or administrator of the individual's estate. (12938)

(f) Before releasing confidential information under Subsection (e), the department shall edit the information to protect the identity of the reporter to the Department of Family and Protective Services and to protect any other individual whose life or safety may be endangered by the release. A release of information under Subsection (e) does not constitute a release for purposes of waiving the confidentiality of the information released. (12939)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12940)

Amended by: (12941)

Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 4, eff. September 1, 2011. (12942)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.463, eff. April 2, 2015. (12943)

Sec. 161.112. INDEMNIFICATION FOR LEGAL EXPENSES. (12944)(1-click HTML)

If a present or former employee of the department who was involved in activities related to the provision of guardianship services under this subchapter is criminally prosecuted for conduct related to the person's misfeasance or nonfeasance in the course and scope of the person's employment and is found not guilty after a trial or appeal or if the complaint or indictment is dismissed without a plea of guilty or nolo contendere being entered, the department may indemnify the person or the person's estate for the reasonable attorney's fees incurred in defense of the prosecution up to a maximum of $10,000. (12945)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12946)

Sec. 161.113. IMMUNITY. (12947)(1-click HTML)

(a) In this section, "volunteer" means a person who: (12948)

(1) renders services for or on behalf of the department under the supervision of a department employee; and (12949)

(2) does not receive compensation that exceeds the authorized expenses the person incurs in performing those services. (12950)

(b) A department employee or an authorized volunteer who performs a department duty or responsibility under this subchapter is immune from civil or criminal liability for any act or omission that relates to the duty or responsibility if the person acted in good faith and within the scope of the person's authority. (12951)

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005. (12952)

Sec. 161.114. USE OF VOLUNTEERS. (12953)(1-click HTML)

(a) In this section, "volunteer" has the meaning assigned by Section 161.113. (12954)

(b) The department shall encourage the involvement of volunteers in guardianships in which the department serves as guardian of the person or estate, or both. To encourage that involvement, the department shall identify issues and tasks with which a volunteer could assist the department in a guardianship, subject to Subsection (c). (12955)

(c) A volunteer may provide life enrichment activities, companionship, transportation services, and other services to or for the ward in a guardianship, except the volunteer may not provide services that would require the volunteer to be certified under Section 155.102, Government Code. (12956)

Added by Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 5, eff. September 1, 2011. (12957)

Amended by: (12958)

Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.27, eff. September 1, 2014. (12959)

SUBCHAPTER F. LIFESPAN RESPITE SERVICES PROGRAM (12960)(1-click HTML)
Sec. 161.151. DEFINITIONS. (12961)(1-click HTML)

In this subchapter: (12962)

(1) "Chronic serious health condition" means a health condition that: (12963)

(A) requires periodic treatment by a health care provider, including a nurse as authorized by Chapter 301, Occupations Code, or a physician assistant as authorized by Chapter 204, Occupations Code; and (12964)

(B) continues over an extended period, including recurring episodes of a single underlying health condition such as asthma, diabetes, epilepsy, or multiple sclerosis. (12965)

(2) "Respite services" means support services, including in-home services or day activity and health services, that are provided for the purpose of temporarily giving relief to a primary caregiver who provides care to an individual with a chronic serious health condition or disability. (12966)

(3) "Respite services coordinator" means a community-based organization or local governmental entity with which the department enters into a contract to facilitate access to respite services under Section 161.154. (12967)

Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009. (12968)

Amended by: (12969)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 18, eff. June 19, 2015. (12970)

Sec. 161.152. LIFESPAN RESPITE SERVICES PROGRAM. (12971)(1-click HTML)

The department shall implement the lifespan respite services program to promote the provision of respite services through contracts with eligible community-based organizations or local governmental entities. (12972)

Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009. (12973)

Sec. 161.153. ELIGIBILITY. (12974)(1-click HTML)

(a) A person is eligible to participate in the program if the person: (12975)

(1) is the primary caregiver for a person who: (12976)

(A) is related to the caregiver within the second degree of consanguinity or affinity; (12977)

(B) has a chronic serious health condition or disability; (12978)

(C) requires assistance with one or more activities of daily living; and (12979)

(D) is not eligible for or not able to participate in any other existing program that provides respite services; and (12980)

(2) meets criteria specified in rules adopted by the executive commissioner. (12981)

(b) The executive commissioner may not specify criteria that limit a person's eligibility based on the type of chronic serious health condition or disability of the person receiving care. (12982)

Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009. (12983)

Sec. 161.154. RESPITE SERVICES CONTRACTS. (12984)(1-click HTML)

(a) The department shall contract with at least three eligible community-based organizations or local governmental entities selected by the department to: (12985)

(1) provide respite services; and (12986)

(2) facilitate access to respite services. (12987)

(b) The department may award a contract under this section only after issuing a request for proposals for the contract. (12988)

(c) A community-based organization or local governmental entity is eligible to contract under this section only if the organization or entity has experience in and an existing procedure for: (12989)

(1) coordinating support services for multiple groups of persons who need support services, including persons with a physical or intellectual disability and elderly persons; (12990)

(2) connecting caregivers with respite services providers; (12991)

(3) maintaining and providing information regarding available respite services; and (12992)

(4) conducting public awareness activities regarding available respite services. (12993)

(d) The department shall include in each contract with a respite services coordinator provisions requiring the coordinator to: (12994)

(1) subject to the availability of money, provide vouchers for respite services to caregivers participating in the program who are not eligible for respite services provided through other programs; and (12995)

(2) connect caregivers participating in the program with available respite services. (12996)

(e) The department shall provide each community-based organization or local governmental entity with which the department contracts under this subchapter with: (12997)

(1) technical assistance; and (12998)

(2) policy and program development support. (12999)

(f) The department shall monitor a contractor's performance under a contract entered into under this subchapter using clearly defined and measurable performance objectives. (13000)

Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009. (13001)

Sec. 161.155. RESPITE SERVICES COORDINATOR FUNCTIONS. (13002)(1-click HTML)

A respite services coordinator under contract with the department shall: (13003)

(1) maintain information regarding respite services providers; (13004)

(2) build partnerships with respite services providers; and (13005)

(3) implement public awareness activities regarding respite services. (13006)

Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009. (13007)

Sec. 161.156. RULES. (13008)(1-click HTML)
  

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