|(a) As used in this section, the term "Community-Based
Care" has the meaning set forth in §264.152, Texas Family
Code, and related law in Subchapter B-1 of Chapter 264, Texas Family
Code. The term may include the provision of placement and supportive
services, as well as direct case management performed by the Single
Source Continuum Contractor performing services in a catchment area.
(b) Notwithstanding any other provision in this chapter,
to the extent necessary for the implementation of Community-Based
Care, Department of Family and Protective Services (DFPS) may waive
a provision in any section in this chapter as provided under subsection
(c) of this section.
(c) The waiver of any rule provision contained in this
chapter must be approved by the Commissioner of the Department of
Family and Protective Services, or that person's designee, after consultation
with agency legal counsel to ensure that the waiver does not conflict
with other state or federal law.
(d) Nothing in this section shall be construed to authorize
DFPS to waive a provision of any section in this chapter if such waiver
violates other state or federal law.