The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), new §700.1210 and §700.1212, concerning what is a permanency planning meeting and when should a permanency planning meeting be held, in Chapter 700, Child Protective Services. Senate Bill (SB) 206, enacted during the 84th Regular Session of the Texas Legislature, made many changes to Texas law in order to improve casework, streamline and clarify DFPS' statute, and give the agency flexibility to implement changes in progress through CPS Transformation. SB 206 repealed certain prescriptive statutes in order to allow DFPS and its external partners to implement best practice amid changing circumstances and current business need. Of relevance to this rule, the Legislature repealed portions of §263.009 of the Texas Family Code, which went into relatively extensive detail regarding the frequency and conduct of permanency planning meetings for children in the conservatorship of the agency. Permanency planning meetings are multi-disciplinary gatherings that target the achievement of a permanent exit from DFPS' conservatorship. Prior to being amended by SB 206, §263.009 repeated verbatim DFPS policy regarding the frequency of permanency planning meetings. Rather than continue at the same level of prescriptiveness, the legislature directed the Executive Commissioner, on DFPS' behalf, to adopt in rule a schedule for the meetings "that is designed to allow the child to exit the managing conservatorship of the department safely and as soon as possible and be placed with an appropriate adult caregiver who will permanently assume legal responsibility for the child."

DFPS worked with stakeholders to develop a rule that reflects events or trigger points that would generally make a permanency planning meeting appropriate. Rather than adopting a schedule that would cause staff to "work to deadline" rather than the ultimate goals of the case, the rule recognizes events that may necessitate a permanency planning meeting--while also recognizing that DFPS must implement the law within existing agency resources.

New §700.1210: (1) defines "permanency planning meeting"; (2) specifies the purposes of the meetings, which is ultimately to identify the child's permanency goal and determine what is necessary to achieving it; (3) clarifies that except as otherwise permitted in law, a child's goal should involve a permanently responsible person or family; and (4) reiterates that permanency planning meetings are governed by §263.009, Texas Family Code.

New §700.1212 provides that, to the greatest extent possible, permanency planning meetings should be conducted as necessary to achieve safe and timely permanency, including at the following points: (1) to develop the initial family plan of service and initial visitation plan; (2) prior to scheduled permanency hearings; (3) following a significant update to the child's permanency goal; and (4) following a final order and as necessary for a youth who is 16 or over and has a permanency goal of another planned permanent living arrangement (which does not involve a legally responsible person or family).

Tracy Henderson, Chief Financial Officer of DFPS, has determined that for the first five-year period the proposed sections will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Ms. Henderson also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that DFPS has clarified the goals and timing of the permanency planning process in a fashion that affords sufficient flexibility to adjust for current understanding of best practice. There will be no effect on large, small, or micro-businesses because the proposed changes do not impose new requirements on any business and do not require the purchase of any new equipment or any increased staff time in order to comply. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

HHSC has determined that the proposed new sections do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.

Questions about the content of the proposal may be directed to Jenny Hinson at (512) 438-3238 in DFPS's Child Protective Services Division. Electronic comments may be submitted to Marianne.Mcdonald@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-531, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

The new sections are proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.

The new sections implement §263.009 of the Texas Family Code, as amended by SB 206, 84th Texas Legislature.