CHAPTER 40. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD
WELFARE AND PROTECTIVE SERVICES
CHAPTER 40. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 40.001. DEFINITIONS. In this subtitle:
(1) Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(1),
eff. September 1, 2005.
(2) "Commission" means the Health and Human Services Commission.
(2-a) "Council" means the Family and Protective Services
Council.
(3) "Department" means the Department of Family and Protective
Services.
(4) "Commissioner" means the commissioner of the Department of
Family and Protective Services.
(4-a) "Executive commissioner" means the executive commissioner
of the Health and Human Services Commission.
(5) "Family preservation" includes the provision of services
designed to assist families, including adoptive and extended
families, who are at risk or in crisis, including:
(A) preventive services designed to help a child at risk of
foster care placement remain safely with the child's family; and
(B) services designed to help a child return, when the return is
safe and appropriate, to the family from which the child was
removed.
(6) "State supported living center" has the meaning assigned by
Section 531.002, Health and Safety Code.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 1, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 1.10, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.75, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
268, Sec. 1.129(1), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
284, Sec. 23, eff. June 11, 2009.
Sec. 40.002. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES;
GENERAL DUTIES OF DEPARTMENT. (a) The Department of Family and
Protective Services is composed of the council, the commissioner,
an administrative staff, and other officers and employees
necessary to efficiently carry out the purposes of this chapter.
(b) Notwithstanding any other law, the department shall:
(1) provide protective services for children and elderly and
disabled persons, including investigations of alleged abuse,
neglect, or exploitation in facilities of the Texas Department of
Mental Health and Mental Retardation or its successor agency;
(2) provide family support and family preservation services that
respect the fundamental right of parents to control the education
and upbringing of their children;
(3) license, register, and enforce regulations applicable to
child-care facilities, child-care administrators, and
child-placing agency administrators; and
(4) implement and manage programs intended to provide early
intervention or prevent at-risk behaviors that lead to child
abuse, delinquency, running away, truancy, and dropping out of
school.
(c) The department is the state agency designated to cooperate
with the federal government in the administration of programs
under:
(1) Parts B and E, Title IV, federal Social Security Act (42
U.S.C. Sections 620 et seq. and 670 et seq.); and
(2) other federal law for which the department has
administrative responsibility.
(d) The department shall cooperate with the United States
Department of Health and Human Services and other federal and
state agencies in a reasonable manner and in conformity with the
provisions of federal law and this subtitle to the extent
necessary to qualify for federal assistance in the delivery of
services.
(e) If the department determines that a provision of state law
governing the department conflicts with a provision of federal
law, the executive commissioner may adopt policies and rules
necessary to allow the state to receive and spend federal
matching funds to the fullest extent possible in accordance with
the federal statutes, this subtitle, and the state constitution
and within the limits of appropriated funds.
(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),
eff. September 1, 2008.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 2, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 489, Sec. 1, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 1.11, 2.128, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.07, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.76, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
281, Sec. 4.05, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch.
268, Sec. 32(f), eff. September 1, 2008.
Sec. 40.003. SUNSET PROVISION. The Department of Family and
Protective Services is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the department is abolished and this chapter
expires September 1, 2013.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 3, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.77, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 3.04, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.10, eff. July 10, 2009.
Sec. 40.004. PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS. (a)
The commissioner shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the commissioner and to speak on any issue under the jurisdiction
of the department.
(b) The commissioner, with the advice of the council, shall
prepare information of public interest describing the functions
of the department. The commission shall make the information
available to the public and appropriate state agencies.
(c) The commissioner shall grant an opportunity for a public
hearing before the council makes recommendations to the
commissioner regarding a substantive rule if a public hearing is
requested by:
(1) at least 25 persons;
(2) a governmental entity; or
(3) an association with at least 25 members.
(d) The executive commissioner shall consider fully all written
and oral submissions about a proposed rule.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 4, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 40.0041. COMPLAINT PROCESS. (a) The department shall
develop and implement a uniform process for receiving and
resolving complaints against the department throughout the state.
The process shall include:
(1) statewide procedures through which the public, consumers,
and service recipients are informed:
(A) of the right to make a complaint against the department,
including the mailing addresses and telephone numbers of
appropriate department personnel responsible for receiving
complaints and providing related assistance; and
(B) of the department's procedures for resolving a complaint,
including the right to appeal a decision made at the local level;
(2) development and statewide distribution of a form or
telephone system that may be used to make a complaint;
(3) a requirement that the department provide information by
mail or telephone regarding the department's procedures for
investigating and resolving a complaint to each person who makes
a complaint; and
(4) a requirement that the department provide status information
at least quarterly to a person with a pending complaint against
the department, unless the information would jeopardize an
undercover investigation.
(b) In addition to other appropriate methods, the department may
provide the information specified by Subsection (a)(1):
(1) on each registration form, application, or written contract
for services of a person regulated by the department;
(2) on a sign prominently displayed in the place of business of
each person regulated by the department; or
(3) in a bill for service provided by a person regulated by the
department.
(c) The department shall keep an information file about each
complaint made against the department that the department has
authority to resolve.
(d) The executive director shall develop a consistent, statewide
process for addressing an appeal by a person dissatisfied with
the resolution of a complaint at the regional level. The process
shall include an opportunity for appeal of a complaint without
the participation of the department's ombudsman office.
(e) The department shall develop and maintain a centralized
tracking system to gather information concerning all complaints
made against the department throughout the state. The department
shall require its personnel to provide information regarding each
complaint for inclusion in records maintained under the tracking
system at the department's state headquarters, regardless of the
location or level at which the complaint is initiated or
resolved. The department shall require at least the following
information to be maintained for each complaint:
(1) the date the complaint is received;
(2) the name of the person making the complaint;
(3) the subject matter of the complaint;
(4) a record of all persons contacted by the department in
relation to the complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) for each complaint determined by the department to require
no corrective action, an explanation of the reason that the
complaint was closed without action.
(f) The department shall periodically prepare and deliver
reports to the board and the executive director regarding the
number, type, and resolution of complaints made in the state
against the department.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 4, eff. Sept. 1,
1997.
Sec. 40.005. CONFIDENTIALITY OF INFORMATION. (a) The
department shall establish and enforce rules governing the
custody, use, and preservation of the department's records,
papers, files, and communications.
(b) The department shall prescribe safeguards to govern the use
or disclosure of information relating to a recipient of a
department service or to an investigation the department conducts
in performing its duties and responsibilities. The safeguards
must be consistent with the purposes of the department's programs
and must comply with applicable state and federal law and
department rules.
(c) Notwithstanding any other provision of law, the department
by rule may prescribe a process by which an administrative law
judge may disclose requested confidential information that the
department possesses. The rules must provide that the information
may be disclosed by the administrative law judge only if the
administrative law judge:
(1) provides notice to the department and any interested party;
and
(2) determines after 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.
(d) Except as otherwise provided, a person who is authorized to
receive confidential information shall maintain its
confidentiality and shall prevent disclosure of the information
to a person who is not authorized to receive the information.
(e) A person commits an offense if the person discloses without
authorization confidential information contained in the
department's records, papers, files, or communications. An
offense under this subsection is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Sec. 40.006. APPLICATION OF OTHER LAWS. (a) The department is
subject to Chapters 551, 2001, and 2002, Government Code.
(b) The department is not required to comply with Chapter 53,
Occupations Code, in issuing a license or conducting a background
check under Chapter 42 or 43.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 1, eff. September 1, 2009.
Sec. 40.007. REPORTING REQUIREMENT; PROFESSIONAL FEES. (a) The
department shall include in any report required by law concerning
the department's expenditures information relating to fees for
professional or consultative services provided for the general
administration of the department.
(b) The report required under Subsection (a) may not include:
(1) professional fees paid for routine or special examinations
to determine an individual's eligibility for a program
administered by the department;
(2) professional fees for treatment, services, or care for
individual recipients; or
(3) fees for providing for the special needs of individual
recipients, including the provision of appliances.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 21.01(a), eff. Sept.
1, 1997.
Sec. 40.008. PROGRAM ACCESSIBILITY. The department shall comply
with federal and state laws related to program and facility
accessibility. The department shall also prepare and maintain a
written plan that describes how a person who does not speak
English can be provided reasonable access to the department's
programs and services.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 5, eff. Sept. 1,
1997.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 40.021. FAMILY AND PROTECTIVE SERVICES COUNCIL. (a) The
Family and Protective Services Council is created to assist the
commissioner in developing rules and policies for the department.
(b) The council is composed of nine members of the public
appointed by the governor with the advice and consent of the
senate. To be eligible for appointment to the council, a person
must have demonstrated an interest in and knowledge of problems
and available services related to the functions of the
department.
(c) The council shall study and make recommendations to the
executive commissioner and the commissioner regarding the
management and operation of the department, including policies
and rules governing the delivery of services to persons who are
served by the department and the rights and duties of persons who
are served or regulated by the department.
(d) Chapter 551, Government Code, applies to the council.
(e) Chapter 2110, Government Code, does not apply to the
council.
(f) A majority of the members of the council constitute a quorum
for the transaction of business.
(g) One of the members of the council under Subsection (b) must
be a person who was a child in the foster care system. If after
conducting a search, the governor determines that no qualified
individual under this subsection is available, the governor may
appoint another person qualified under Subsection (b).
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 6, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
175, Sec. 1, eff. May 27, 2005.
Sec. 40.022. APPOINTMENTS. (a) Appointments to the council
shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees.
(b) Appointments to the council shall be made so that each
geographic area of the state is represented on the council.
Notwithstanding Subsection (a), appointments to the council must
reflect the ethnic diversity of this state.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 7, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 40.0226. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A
person who is appointed as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the council until the person completes a training program that
complies with this section.
(b) The training program must provide information to the member
regarding:
(1) the legislation that created the department and the council;
(2) the programs operated by the department;
(3) the role and functions of the department and the council,
including detailed information regarding:
(A) the division of authority and of responsibility between the
commissioner and the executive commissioner; and
(B) the advisory responsibilities of the council;
(4) the rules of the executive commissioner applicable to the
department, with an emphasis on the rules that relate to
disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government Code;
(B) public information law, Chapter 552, Government Code; and
(C) administrative procedure law, Chapter 2001, Government Code;
(8) the requirements of the conflict-of-interest laws and other
laws relating to public officials; and
(9) any applicable ethics policies adopted by the executive
commissioner or the Texas Ethics Commission.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 9, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 40.024. TERMS; VACANCY. (a) Members of the council serve
for staggered six-year terms, with the terms of three members
expiring February 1 of each odd-numbered year.
(b) A member of the council may not serve more than two
consecutive full terms as a council member.
(c) The governor by appointment shall fill the unexpired term of
a vacancy on the council.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 40.025. REIMBURSEMENT FOR EXPENSES. A council member may
not receive compensation for service as a member of the council
but is entitled to reimbursement for travel expenses incurred by
the member while conducting the business of the council as
provided by the General Appropriations Act.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 40.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a)
The governor shall designate a member of the council as the
presiding officer to serve in that capacity at the pleasure of
the governor.
(b) The members of the council shall elect any other necessary
officers.
(c) The council shall meet quarterly and at other times at the
call of the presiding officer. The council may hold meetings in
different areas of the state.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 40.027. COMMISSIONER. (a) The executive commissioner
shall appoint a commissioner in accordance with Section 531.0056,
Government Code. The commissioner is to be selected according to
education, training, experience, and demonstrated ability.
(b) The commissioner serves at the pleasure of the executive
commissioner.
(c) Subject to the control of the executive commissioner, the
commissioner shall act as the department's chief administrative
officer and as a liaison between the department and commission.
(d) The commissioner shall administer this chapter and other
laws relating to the department under operational policies
established by the executive commissioner and in accordance with
the memorandum of understanding under Section 531.0055(k),
Government Code, between the commissioner and the executive
commissioner, as adopted by rule.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1460, Sec. 2.04, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 40.030. ADVISORY COMMITTEES. The executive commissioner or
the executive commissioner's designee may appoint advisory
committees in accordance with Chapter 2110, Government Code.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.78, eff. September 1, 2005.
Sec. 40.0305. STRATEGIC USE OF TECHNOLOGY. (a) The department
shall continually explore the strategic use of technology as a
means to improve services, reduce workload burdens, increase
accountability, and enhance the overall efficiency and
effectiveness of department operations. The department shall
develop strategic plans and seek funding to implement technology
enhancements that the department determines are feasible and
cost-effective.
(b) Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(4),
eff. September 1, 2005.
(c) Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(4),
eff. September 1, 2005.
(d) In evaluating major information technology project
proposals, the department, in cooperation with the commission,
shall:
(1) assess the major information needs of the department;
(2) define standard criteria for setting priorities for the
department's information needs;
(3) forecast the returns to the department on project
investments;
(4) evaluate the department's available information resources;
and
(5) review, approve, and evaluate the status of projected costs
and benefits related to project proposals.
(e) To the extent that funds are appropriated for these specific
purposes, the department shall implement the following technology
projects:
(1) a mobile technology project, including online transcription
services designed to:
(A) increase caseworker access to department policy and family
case history;
(B) facilitate communication between caseworkers and
supervisors;
(C) allow timely and accurate data entry; and
(D) reduce backlogged investigations; and
(2) a modified design of the department's automated case
management system to improve risk and safety assessment and
service plan development, and to facilitate incorporation of
historical case data.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 12, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.79, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
268, Sec. 1.80, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
268, Sec. 1.129(4), eff. September 1, 2005.
Sec. 40.031. DIVISIONS OF DEPARTMENT. (a) The executive
commissioner may establish divisions within the department as
necessary for efficient administration and for the discharge of
the department's functions.
(b) The executive commissioner shall establish an investigations
division to oversee and direct the investigation functions of the
child protective services program, including the receipt and
screening of all reports of alleged child abuse or neglect.
(c) The commissioner shall designate a person with law
enforcement experience as the director of the investigations
division.
(d) The investigations division shall, as appropriate, refer
children and families in need of services to other department
divisions or to other persons or entities with whom the
department contracts for the provision of the needed services.
(e) Reports of alleged child abuse or neglect investigated under
Section 261.401 or 261.404, Family Code, are not subject to
investigation by the investigations division.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.82, eff. September 1, 2005.
Sec. 40.0315. INVESTIGATION UNIT FOR ADULT PROTECTIVE SERVICES.
(a) The adult protective services division of the department
shall maintain an investigation unit to investigate allegations
of abuse, neglect, and exploitation of elderly and disabled
persons reported to the division.
(b) An investigator in the unit shall determine whether an
elderly or disabled person who is the subject of a report made
under Section 48.051(a) may have suffered from abuse, neglect, or
exploitation as a result of the criminal conduct of another
person. If the investigator determines that criminal conduct may
have occurred, the investigator shall immediately notify:
(1) the commission's office of inspector general if the disabled
person who is the subject of the report resides in a state
supported living center or the ICF-MR component of the Rio Grande
State Center; or
(2) the appropriate law enforcement agency.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 2.01, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
284, Sec. 24, eff. June 11, 2009.
Sec. 40.032. PERSONNEL. (a) The executive director may employ
personnel necessary to administer the department's duties.
(b) The executive director or the executive director's
designated representative shall develop an intradepartmental
career ladder program that addresses opportunities for mobility
and advancement for employees within the department. The program
shall require the intradepartmental posting of all positions
concurrently with any public posting.
(c) The executive director or the executive director's
designated representative shall develop a system of annual
performance evaluations based on measurable job tasks. All merit
pay for department employees must be based on the system
established under this subsection.
(d) The executive director or the executive director's
designated representative shall provide to members of the board
and to the department's employees, as often as is necessary,
information regarding their qualifications for office or
employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
(e) The executive director or the executive director's
designated representative shall prepare and maintain a written
policy statement to ensure implementation of a program of equal
employment opportunity under which all personnel transactions are
made without regard to race, color, disability, sex, religion,
age, or national origin. The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that comply with Chapter 21, Labor Code;
(2) a comprehensive analysis of the department's workforce that
meets federal and state laws, rules, and regulations and
instructions adopted under those laws, rules, and regulations;
(3) procedures by which a determination can be made about the
extent of underuse in the department's workforce of all persons
for whom federal or state laws, rules, and regulations and
instructions adopted under those laws, rules, and regulations
encourage a more equitable balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(f) The policy statement required under Subsection (e) shall:
(1) be filed with the governor's office;
(2) cover an annual period;
(3) be updated at least annually; and
(4) be reviewed by the Commission on Human Rights for compliance
with Subsection (e)(1).
(g) The governor's office shall develop and deliver a biennial
report to the legislature based on the information submitted
under Subsection (f). The report may be made separately or as a
part of other biennial reports made to the legislature.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 13, eff.
Sept. 1, 1997.
Sec. 40.0321. SALARY SUPPLEMENTATION BY COUNTY OR MUNICIPALITY.
(a) A county or municipality may supplement, from its own funds,
the salary of a department employee whose duties include
providing services as part of, or relating to, the provision of
child protective services and adult protective services by the
department.
(b) A department employee who has worked in the same position
for the department in a different region is not eligible for a
salary supplement under Subsection (a) for a minimum of six
months after assuming the position in the new region.
(c) Section 659.020, Government Code, does not apply to the
supplement authorized by this section.
(d) The department shall not require a salary supplement as a
condition for creating or maintaining a position in the region.
Added by Acts 2001, 77th Leg., ch. 606, Sec. 1, eff. Sept. 1,
2001.
Sec. 40.0322. QUALIFICATIONS FOR ADULT PROTECTIVE SERVICES
PERSONNEL; RECRUITMENT. (a) In hiring department employees
whose duties include providing services as part of, or relating
to, the provision of adult protective services directly to an
elderly or disabled person, the commissioner shall ensure that
the department hires, as often as possible, persons with
professional credentials related to adult protective services,
including persons who are licensed master social workers, as
defined by Section 505.002, Occupations Code, or licensed
professional counselors.
(b) Subject to the availability of funds, the executive
commissioner by rule shall develop and the department shall
implement a recruiting program designed to attract and retain for
employment in the adult protective services division persons with
professional credentials described by Subsection (a).
(c) Subject to the availability of funds, the executive
commissioner by rule shall develop and the department shall
implement an incentive program to encourage each department
employee whose duties include the duties described by Subsection
(a) to obtain professional credentials described by that
subsection if the employee does not have those credentials.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 2.02, eff. September 1, 2005.
Sec. 40.0323. COORDINATION REGARDING RECRUITMENT FOR AND
CURRICULUM OF CERTAIN CERTIFICATE OR DEGREE PROGRAMS. Subject to
the availability of funds, the department and the Texas Higher
Education Coordinating Board jointly shall develop strategies to:
(1) promote certificate or degree programs in the fields of
social work and psychology to individuals enrolled in or admitted
to institutions of higher education in this state; and
(2) ensure that persons receiving a certificate or degree,
including a graduate degree, in social work or psychology from an
institution of higher education in this state have the knowledge
and skills regarding protective services that are provided
directly to elderly or disabled persons and necessary for
successful employment by the adult protective services division
of the department.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 2.02, eff. September 1, 2005.
Sec. 40.0324. CASEWORKER REPLACEMENT PROGRAM. (a) To the
extent that funding is available, the department shall develop a
program to provide for the timely replacement of caseworkers with
trainees hired in anticipation of vacancies.
(b) In developing the program, the department shall consider the
turnover rate for caseworkers by region.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 1.83(a), eff. September 1, 2005.
Sec. 40.0325. STUDY OF CASEWORKER EDUCATION REIMBURSEMENT. (a)
The department shall study the effect that providing
reimbursement for certain educational expenses would have on
recruiting and retaining qualified child protective services
caseworkers. The study must include a comparative analysis of
the cost of training new caseworkers and the benefits of having
an experienced caseworker staff with the cost of providing
reimbursement for educational expenses.
(b) In determining the cost of reimbursing caseworkers for
educational expenses, the department shall consider reimbursing
caseworkers for tuition, academic fees, and other academic
expenses the caseworker paid to an institution of higher
education or a private or independent institution of higher
education, as those terms are defined by Section 61.003,
Education Code, while the caseworker was enrolled in a bachelor's
degree or advanced degree program in an academic program that the
department determines provides necessary training for child
protective services caseworkers.
(c) Not later than December 1, 2008, the department shall report
its findings and recommendations to the governor, lieutenant
governor, and speaker of the house of representatives.
Added by Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 24, eff. September 1, 2007.
Sec. 40.0326. RECRUITMENT OF CASEWORKERS. When recruiting child
protective services caseworkers, the department shall target its
recruitment efforts toward individuals who hold a bachelor's
degree or advanced degree in at least one of the following
academic areas:
(1) social work;
(2) counseling;
(3) early childhood education;
(4) psychology;
(5) criminal justice;
(6) elementary or secondary education;
(7) sociology; or
(8) human services.
Added by Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 24, eff. September 1, 2007.
Sec. 40.033. MERIT SYSTEM. (a) The department may establish a
merit system for its employees.
(b) The merit system may be maintained in conjunction with other
state agencies that are required by federal law to operate under
a merit system.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Sec. 40.034. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
EMPLOYEES. (a) For one year after the date on which a former
officer or employee of the department terminates service or
employment with the department, the individual may not, directly
or indirectly, attempt or aid in the attempt to procure a
contract with the department that relates to a program or service
in which the individual was directly concerned or for which the
individual had administrative responsibility.
(b) This section does not apply to:
(1) a former employee who is compensated on the last date of
service or employment below the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position
classification salary schedule, including a state employee who is
exempt from the state's position classification plan; or
(2) a former officer or employee who is employed by another
state agency or a community center.
(c) A former officer or employee of the department commits an
offense if the former officer or employee violates this section.
An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Sec. 40.035. TRAINING PROGRAM FOR ADULT PROTECTIVE SERVICES;
CONTINUING EDUCATION. (a) The department shall develop and
implement a training program that each newly hired or assigned
department employee must complete before:
(1) initiating an investigation of a report of alleged abuse,
neglect, or exploitation of an elderly or disabled person under
Chapter 48; or
(2) providing protective services to elderly or disabled persons
under that chapter.
(b) The training program must:
(1) provide the person with appropriate comprehensive
information regarding:
(A) the incidence and types of reports of abuse, neglect, and
exploitation of elderly or disabled persons that are received by
the department, including information concerning false reports;
and
(B) the use and proper implementation of:
(i) the risk assessment criteria developed under Section 48.004;
(ii) the criteria used by caseworkers to determine whether
elderly or disabled persons lack capacity to consent to receive
protective services; and
(iii) the legal procedures available under Chapter 48 for the
protection of elderly or disabled persons, including the
procedures for obtaining a court order for emergency protective
services under Section 48.208;
(2) include best practices for management of a case from the
intake process to the provision of protective services, including
criteria that specify the circumstances under which an employee
should:
(A) consult a supervisor regarding a case; or
(B) refer an elderly or disabled person to an appropriate public
agency or community service provider for guardianship or other
long-term services after the delivery of protective services to
that person has been completed;
(3) provide appropriate specialized training in any necessary
topics, including:
(A) investigation of suspected identity theft and other forms of
financial exploitation and suspected self-neglect; and
(B) establishment and maintenance of working relationships with
community organizations and other local providers who provide
services to elderly and disabled persons;
(4) include on-the-job training, which must require another
department caseworker with more experience to accompany and train
the caseworker in the field;
(5) provide for the development of individualized training
plans;
(6) include training in working with law enforcement agencies
and the court system when legal intervention is sought for
investigations or emergency orders;
(7) to the maximum extent possible, include nationally
recognized best practices in addition to the best practices
required under Subdivision (2); and
(8) include testing, progress reports, or other evaluations to
assess the performance of trainees.
(c) The department at least annually shall provide comprehensive
case management training to supervisors of department employees
who conduct investigations under Chapter 48. The training must
be designed to enable the supervisors to provide guidance on
investigations of reports of alleged abuse, neglect, or
exploitation that are complex or present unique problems.
(d) The department shall develop and implement appropriate
continuing education programs for employees of the adult
protective services division who have completed initial training
under this section. The continuing education programs must
include nationally recognized best practices to the maximum
extent possible and must be designed to provide an annual update
regarding changes in:
(1) adult protective services division policies and procedures;
and
(2) applicable law, including statutory changes affecting the
adult protective services division or elderly or disabled persons
served by the division.
(e) A department employee required to participate in a
continuing education program under this section must complete the
program at least once each calendar year.
(f) The department shall:
(1) make curriculum developed for a training or continuing
education program under this section readily available to
department employees in written form; and
(2) periodically revise a training and continuing education
program established under this section as necessary to satisfy
training needs identified by the department or department
employees.
(g) The circumstances specified under Subsection (b)(2) under
which an employee should consult a supervisor regarding a case
must be consistent with the risk assessment criteria developed
under Section 48.004 that require consultation with a supervisor.
(h) The executive commissioner by rule shall provide policies
and procedures by which the department incorporates examples of
actual cases investigated by the department in the training
programs under this section for use as training tools.
(i) In implementing the training program and continuing
education programs under this section, the department, to the
maximum extent possible, shall contract with persons who are not
department employees to conduct the programs.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 2.03, eff. September 1, 2005.
Sec. 40.036. ENHANCED TRAINING OF CHILD PROTECTIVE SERVICES
CASEWORKERS. To improve the quality and consistency of training
provided to child protective services caseworkers, the department
shall:
(1) augment classroom-based training with a blended learning
environment using computer-based modules, structured field
experience, and simulation for skills development;
(2) use a core curriculum for all new department caseworkers and
specialized training for specific jobs;
(3) require that department caseworkers transferring from one
specialty to another must complete the core curriculum and
advanced training for the new specialty before assuming their new
responsibilities; and
(4) centralize accountability and oversight of all department
training in order to ensure statewide consistency.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 1.84, eff. September 1, 2005.
SUBCHAPTER C. GENERAL FUNCTIONS OF DEPARTMENT
Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND
HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and executive
director as provided by Section 531.0055, Government Code. To the
extent a power or duty given to the board or executive director
by this chapter or another law conflicts with Section 531.0055,
Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.05, eff. Sept. 1,
1999.
Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department
shall develop a departmental strategic plan based on the goals
and priorities stated in the commission's coordinated strategic
plan for health and human services. The department shall also
develop its plan based on furthering the policy of family
preservation.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 14, eff.
Sept. 1, 1997.
Sec. 40.0515. QUALITY ASSURANCE PROGRAM FOR ADULT PROTECTIVE
SERVICES; QUARTERLY REPORTS. (a) The department shall develop
and implement a quality assurance program for adult protective
services provided by or on behalf of the department.
(b) In developing the program, the department shall establish:
(1) client-centered outcome measures for each of the following
functions of the adult protective services program:
(A) intake process;
(B) investigations;
(C) risk assessment determinations; and
(D) delivery of protective services;
(2) minimum job performance standards for personnel and each
work department of the adult protective services division of the
department; and
(3) procedures for conducting periodic performance reviews to
monitor compliance with the standards established under
Subdivision (2), which must include requirements that, for each
caseworker in the adult protective services division of the
department, a supervisor shall conduct:
(A) at least two performance reviews each year, if the employee
has less than two years of adult protective services casework
experience; and
(B) at least one performance review each year, if the employee
has at least two years of adult protective services casework
experience.
(c) The department shall promptly address a person's or work
department's failure to meet minimum job performance standards
established under Subsection (b)(2):
(1) by issuing to the person or work department, as appropriate,
a corrective action plan detailing the actions required to comply
with the standards; or
(2) if necessary, through disciplinary action, including a
person's demotion or discharge, for repeated failure to meet the
standards.
(d) A performance review conducted under Subsection (b)(3) is
considered a performance evaluation for purposes of Section
40.032(c). The department shall ensure that disciplinary or
other corrective action is taken against a supervisor or other
managerial employee who is required to conduct a performance
evaluation under Section 40.032(c) or a performance review under
Subsection (b)(3) and who fails to complete that evaluation or
review in a timely manner.
(e) The annual performance evaluation required under Section
40.032(c) of the performance of a supervisor in the adult
protective services division must:
(1) be performed by an appropriate program administrator; and
(2) include:
(A) an evaluation of the supervisor with respect to the job
performance standards applicable to the supervisor's assigned
duties; and
(B) an evaluation of the supervisor with respect to the
compliance of employees supervised by the supervisor with the job
performance standards applicable to those employees' assigned
duties.
(f) A summary of the findings of outcome measures established
and performance reviews conducted under this section must be
reported to regional directors and other senior management
employees of the adult protective services division.
(g) Each fiscal quarter the department shall file with the
governor and the presiding officer of each house of the
legislature a report that includes:
(1) a comprehensive review of the adult protective services
division's overall performance during the preceding quarter; and
(2) a summary of the adult protective services division's
performance during the preceding quarter on each of the outcome
measures established under Subsection (b)(1).
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 2.04(a), eff. September 1, 2005.
Sec. 40.052. DUTIES RELATING TO DELIVERY OF SERVICES. The
department shall:
(1) propose and implement service delivery standards for
departmental programs;
(2) provide training and technical assistance to regional and
local service providers;
(3) provide joint training on the investigation of reports of
child abuse or neglect to department personnel and law
enforcement personnel in appropriate state and local law
enforcement agencies;
(4) develop and implement systems for monitoring departmental
program performance and service delivery;
(5) promote innovative service delivery at the local level; and
(6) cooperate and coordinate as appropriate with other
governmental entities in the delivery of services.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 15, eff.
Sept. 1, 1997.
Sec. 40.0521. RULES REGARDING DOMESTIC VIOLENCE. (a) The
department shall adopt and implement rules that require an
investigating employee to document indications of domestic
violence, including elder, spousal, and child abuse. The
department may develop forms to facilitate the documentation
process.
(b) The department by rule shall require that written
information, printed in English and Spanish, concerning community
services that are available to victims of domestic violence be
distributed to those victims. The department may coordinate its
efforts under this subsection with local law enforcement agencies
already providing that information.
(c) The department shall include in its annual report
statistical compilations of information regarding domestic abuse
documented under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 165, Sec. 21.02(a), eff. Sept.
1, 1997.
Sec. 40.0522. COMMUNITY EDUCATION AND TRAINING RELATING TO CHILD
ABUSE OR NEGLECT. (a) The department shall assure the
availability of community education programs designed to improve
participation of the general public in preventing, identifying,
and treating cases of child abuse or neglect, including parent
education programs.
(b) The department shall assure that training concerning child
abuse or neglect is available to professionals who are required
by law to report, investigate, or litigate those cases.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 16, eff. Sept. 1,
1997.
Sec. 40.0523. INFANT MORTALITY PREVENTION EDUCATION PROGRAM.
(a) The department and the Children's Trust Fund of Texas
Council jointly shall develop and implement a statewide education
program designed to prevent infant mortality. The department and
the council shall develop and mutually agree to a memorandum of
understanding to clearly define the responsibilities of the
department and the council under this section.
(b) In developing and implementing the program, the department
and the Children's Trust Fund of Texas Council shall request the
assistance of individuals, governmental entities, private
organizations, and other entities with specific knowledge of
infant mortality prevention.
(c) The board and the Children's Trust Fund of Texas Council
shall adopt rules to implement this section.
Added by Acts 2001, 77th Leg., ch. 157, Sec. 1, eff. Sept. 1,
2001.
Sec. 40.0524. MULTIDISCIPLINARY TEAMS. (a) To the extent
possible, the department shall establish multidisciplinary teams
to provide services relating to a report of child abuse or
neglect. A multidisciplinary team shall include professionals in
parent education and in each professional discipline necessary to
provide comprehensive medical and psychological services to a
child who is the subject of a report and to members of the
child's household.
(b) Members of a multidisciplinary team may exchange information
relating to a report of child abuse or neglect as necessary to
facilitate a thorough investigation of the report. The department
may adopt rules governing the exchange of information between
team members.
(c) A multidisciplinary team established under this section
shall coordinate services provided by the department to a child
and to members of the child's household with services available
from other sources, including public and private agencies in the
community. The goal of the multidisciplinary team is to provide
the greatest range of services possible without duplication of
effort.
(d) The department shall establish a process by which members of
a multidisciplinary team are involved in the department's
development and implementation of procedures relating to
coordination of the department's child abuse or neglect services
with services provided by other public and private agencies.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 16, eff. Sept. 1,
1997. Renumbered from Human Resources Code Sec. 40.0523 by Acts
2001, 77th Leg., ch. 157, Sec. 1.
Sec. 40.0525. SEPARATION OF INVESTIGATORY AND SERVICE DELIVERY
FUNCTIONS. (a) To the extent feasible, the department shall
separate the performance of investigations by department
employees from the delivery of services to clients and their
families. The department may take into consideration the needs
and caseloads in the different programs and regions of the state
in developing policies for the separation of the department's
investigatory and service delivery functions.
(b) The department shall develop policies and procedures for the
exchange of information between employees who are responsible for
performing investigations and employees who are responsible for
the delivery of services to clients and families.
(c) Subject to Section 40.031(b), this section does not require
the department to establish separate departments for
investigations and service delivery.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 17, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.85, eff. September 1, 2005.
Sec. 40.0526. BUILDING COMMUNITY PARTNERSHIPS TO SUPPORT
CHILDREN AND FAMILIES. (a) The department shall develop a
statewide strategy to build alliances and networks at the local
level that support the detection and treatment of child abuse and
neglect and enhance the coordination and delivery of services to
children and families.
(b) The strategy must include plans to:
(1) move staff from centralized office sites into
community-based settings to the greatest extent feasible; and
(2) enter into agreements for the establishment or development
of joint offices or workplaces with local officials and
organizations, including:
(A) children's advocacy centers;
(B) law enforcement officials;
(C) prosecutors;
(D) health care providers; and
(E) domestic violence shelters.
(c) The department may employ specialized staff, to the extent
that funds are appropriated for that purpose, to serve as:
(1) local legal liaisons who support the prosecution in each
region of legal cases through the judicial system by improving
coordination and cooperation in case consultation and preparation
of cases for court; and
(2) local community initiative specialists in each region who
focus on building community alliances and networks.
(d) An agreement made in accordance with this section for the
joint location of department personnel with other local officials
or organizations is not subject to Chapter 2167, Government Code.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 1.86, eff. September 1, 2005.
Sec. 40.0527. PUBLIC AWARENESS. (a) Subject to the
availability of funds, the executive commissioner by rule shall
develop and the department shall implement a statewide public
awareness campaign designed to educate the public regarding the
abuse, neglect, and exploitation of elderly and disabled persons.
(b) The department may use mass communications media, the
Internet, publications, or other means of public education in
conducting the campaign.
(c) A public awareness strategy implemented for the program must
include:
(1) the provision of information on the incidence and types of
reports of abuse, neglect, and exploitation of elderly or
disabled persons; and
(2) practices that can reduce the incidences of abuse, neglect,
and exploitation of elderly or disabled persons in this state.
(d) The department shall enlist the support and assistance of
civic, philanthropic, and public service organizations in the
performance of the duties imposed under this section.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 2.05, eff. September 1, 2005.
Sec. 40.0528. COMPREHENSIVE STAFFING AND WORKLOAD DISTRIBUTION
PLAN FOR CHILD PROTECTIVE SERVICES. (a) The department shall
develop and implement a staffing and workload distribution plan
for the child protective services program to:
(1) reduce caseloads;
(2) enhance accountability;
(3) improve the quality of investigations;
(4) eliminate delays; and
(5) ensure the most efficient and effective use of child
protective services staff and resources.
(b) In developing and implementing the plan, the department
shall, subject to available funds:
(1) develop a methodology for the equitable distribution of
investigative and other staff to ensure an equitable assignment
of cases in each area of the state;
(2) evaluate the duties of investigators and supervisors and
identify and reassign functions that may be performed more
efficiently by support or other paraprofessional staff;
(3) ensure that investigative and service units contain adequate
supervisory and support staff;
(4) provide incentives to recruit and retain:
(A) caseworkers and supervisors assigned to investigative units;
and
(B) specialized staff with law enforcement or forensic
investigation experience;
(5) ensure that caseworkers and supervisors who are not in an
investigations unit are paid appropriately to increase employee
retention;
(6) when appropriate, identify and use alternative work
schedules;
(7) use a system of regional hiring supervisors for targeted
recruitment efforts;
(8) improve staff recruitment and screening methods to promote
the hiring of the most qualified candidates and improve an
applicant's understanding of the job requirements;
(9) reduce the time necessary to complete a plan of service for
a child and family when providing family-based safety services;
and
(10) identify methods to reduce the administrative area that a
manager is responsible for to increase accountability.
(c) This section does not prevent the department from
contracting for special investigator services as needed.
(d) In reporting information relating to caseloads of child
protective services caseworkers, in addition to reporting
caseload by each individual affected by the case, the department
shall report the number of cases for each caseworker on the basis
of family unit.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 1.87, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 25, eff. September 1, 2007.
Sec. 40.053. DUTY TO PERFORM OTHER FUNCTIONS. The department
shall perform other functions as required by law.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Sec. 40.054. ACCESS TO CRIMINAL HISTORY. Subject to the
availability of funds appropriated by the legislature, the
department is entitled to obtain any criminal history information
from records maintained by:
(1) the Department of Public Safety, as prescribed by Section
411.114, Government Code;
(2) another law enforcement agency in this state, subject to the
same procedures and limitations prescribed by Section 411.114,
Government Code, as applicable; or
(3) federal agencies, as provided by federal law.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Sec. 40.055. LEGISLATIVE APPROPRIATION REQUEST. The department
shall submit any legislative appropriation request to the
commission for comment and for incorporation into the
commission's consolidated health and human services budget
recommendation. The legislative appropriation request must comply
with state priorities and federal requirements.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Sec. 40.056. USE OF FUNDS. (a) Notwithstanding any other
provision of law, the department may extend the scope of its
programs to the extent necessary to ensure that federal matching
funds are available, if the department determines that the
extension of scope is feasible and within the limits of
appropriated funds.
(b) The department may accept, spend, and transfer federal and
state funds appropriated for programs authorized by federal law.
The department may accept, spend, and transfer funds received
from any source, including a county, municipality, or public or
private agency.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1,
1995.
Sec. 40.0561. COMMUNITY YOUTH DEVELOPMENT GRANTS. (a) Subject
to available funding, the department shall award community youth
development grants to communities identified by incidence of
crime. The department shall give priority in awarding grants
under this section to areas of the state in which there is a high
incidence of juvenile crime.
(b) The purpose of a grant under this section is to assist a
community in alleviating conditions in the family and community
that lead to juvenile crime.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 21.03(a), eff. Sept.
1, 1997.
Sec. 40.0562. FEDERAL FUNDING FOR CERTAIN CHILDREN. (a) For
purposes of Medicaid eligibility only, the department shall
classify as a "child in substitute care" each child who is in the
conservatorship of the state and placed in the home of a
relative. A child classified as a "child in substitute care"
under this subsection is not automatically eligible to receive
foster care payments because of that classification.
(b) The department shall ensure that each time study used to
allocate costs identifies all costs incurred on behalf of a child
if the child's case plan clearly indicates that substitute care
is the planned arrangement for that child.
(c) The department shall claim federal financial participation
under Title IV-E, Social Security Act (42 U.S.C. Section 670 et
seq.), for all nonrecurring adoption expenses at the highest rate
authorized by federal law. The department shall include all
charges from state attorneys and state courts and any applicable
overhead. The department may claim the expenses as either
administrative or tr