Texas Department of Family and Protective Services
Advisory Council Meeting
July 16, 2010
The Texas Department of Family and Protective Services (DFPS) Advisory Council meeting was held in the John H. Winters Building Public Hearing Room, 125-E, 701 West 51st Street, Austin, Texas. Members present were Chair Gigi Edwards Bryant, Vice Chair Imogen Papadopoulos, Past Chair Ommy Strauch, Debbie Epperson, Paul Furukawa, Tina Martin, Linda Bell Robinson, and Scott Rosenbach. Also present were Commissioner Anne Heiligenstein and department staff. Not present was Council member Mamie Salazar-Harper.
Ms. Bryant welcomed attendees and announced Child Care Licensing's proposed rule changes to Chapters 746 and 747 will be addressed at the October Council Meeting. Proposed rule changes were posted in the Texas Register and the thirty day public comment period ended July 11, 2010; however, Ms. Bryant welcomed additional testimony on Chapters 746 and 747 during this meeting.
Ms. Bryant stated a work session was held the day prior to the Council meeting to discuss rule items listed on the agenda.
Agenda Item 1 - Call to Order
The meeting was called to order by Chair Gigi Edwards Bryant at 9:00 a.m.
Agenda Item 2 - Reading, Correction. and Approval of Minutes of April 20, 2010 meeting
Ms. Strauch moved acceptance of minutes as published; Dr. Furukawa seconded. The minutes needed no corrections and were approved as printed.
Agenda Item 3 - Public Testimony
Chair Bryant reviewed rules for public testimony; three minutes are to be allowed per speaker. A group of two or three speakers who are all in attendance at the meeting may elect one speaker to speak on the group's behalf by donating their three minutes to the speaker, allowing a maximum of nine minutes for the group's elected speaker.1
Lonnie Hudson represents the KRK Group, the lead agency for the Texas School-Ready Certification Program, in the greater Houston metropolitan area. This program serves predominantly at-risk children in for-profit child care centers, ISDs and Head Start. The program opposes proposed changes to group sizes and ratios because for-profit child care centers get subsidized care for at-risk children whose rates are lower than full-time rates that supplement the subsidized rates. Mr. Hudson states disadvantaged children will be dis-enrolled from centers if the proposal is approved. Mr. Hudson requested that the proposed changes to group size and ratios not be passed.
Mary Clare Munger, a teacher at Amarillo College, advocates with area child care, School-Ready Program and Head Start programs. Ms. Munger is concerned about the ratios as it relates to high turnover in staff, mostly in the infant and toddler areas. Ms Munger believes high turnover is affected by an unmanageable ratio; employees feel overwhelmed by the number of children under their care and leave as result. Ratios should be lowered to be closer to the national standards.
Kathy Greenway is the Director of San Jacinto College North Lab School, one of Exxon-Mobil's United Way Bright Beginnings. Ms. Greenway has experience with faith-based, for-profit, Head Start agencies and the Lab School, working in all types of child care centers. She supports lowering the child/teacher ratios and wants to provide quality care rather than maintenance care. She now works in a Lab School that follows the NAEYC ratios and has a lower turnover rate. She supports smaller groups with lower child/teacher ratios.
Donna Miles is the Director of Agape Christian Preschool, a privately-owned Pasadena program and member of the Exxon-Mobil United Way Bright Beginnings Project. Ms. Miles supports the proposed licensing standards to lower child-to-staff ratios and lower group sizes. She has lowered staff ratios, increased staff wages, provided tuition assistance, given flexible working hours to encourage attendance at college and given incentives for professional development and has had continued financial success.
Deborah Ann Martinez, speaking for Debby Care, believes the square footage allowed per classroom for children is not enough. Additionally, Ms. Martinez states there are approximately 7,100 listed homes not being supervised by Child Care Licensing. Reduced ratios will affect child safety by forcing more parents to take their children to listed homes. Ms. Martinez suggests child-care workers should to be at least 25 years old and experienced.
Patricia Ceballos, speaking about registered home day care, suggests two categories of care, after-school care and day care, with ratios designated for each.
Susan Craven, Executive Director of the Texas Association for Infant Mental Health, spoke about ratio and group sizes for infants and toddlers. Studies have shown that infants need lower ratios and smaller group sizes in child care to form healthy attachment. She quotes researcher Ronald Lally. TAIMH supports Child Care Licensing's recommendations to reduce group size and ratios. The recommended changes will contribute to academic success and behavioral adjustment.
Jim Smith, representing the Lone Star Jewel in the Jersey Village area, states lowering the child-to-caregiver ratio will cause centers to reduce head count. His center is not subsidized by major corporations and if his cash stops, he will be forced to cut employees.
Melanie Rubin, with Texas Association for Infant Mental Health, states proposed revisions do not achieve their stated purpose of establishing a floor to safeguard children physically, emotionally or developmentally. Lower ratios, smaller group size and better-trained caregivers produce better results. When caregivers have fewer children to supervise and group size is limited, the likeliness of injuries and illness is reduced. The implementation plan giving providers two years to comply allows time for legislators to raise the reimbursement rate for subsidized care. Children need interaction with nurturing adults to form healthy relationships. She suggests smaller groups of children and increased training for caregivers and directors.
Ms. Bryant reminded stakeholders that written material supplementing public testimony is accepted at Council meetings, is maintained with Council meeting records, and is included, as appropriate, as public comment regarding the relevant rule.
Max Taylor, with Advance Child Care, Inc., states centers that do not provide adequate child care need proposed standards. He suggests allowing a stair-step process to allow a center with high-quality care a waiver to use less rigid standards. Lowering ratios would cause centers to have to withdraw children to meet new ratios, and Mr. Taylor believes dis-enrolled children would go to substandard day-care centers. Mr. Taylor also states offering both milk and water at meals guarantees children will not drink the milk. Mr. Taylor believes rural centers have been excluded from the public input process.
Debbie Taylor, representing Advance Child Care, Inc., asks Child Care Licensing to reconsider Standard 746.2207 prohibiting TV, video, computer or video games for children under two years of age. Videos can be used appropriately and interactively. Singing songs enhances learning. Inappropriate TV is not for children, but some TV should be allowed.
David Fincher represents the National Child Care Coalition and is also speaking on behalf of Kevin Kilgore. Mr. Fincher addressed Chapter 744, which originally included the reduced ratios. He noted the revision to Chapter 744 to reference Chapter 746, which will be considered in October. Mr. Fincher states money is a common thread in the testimony. Organizations that support lower ratios assume daycares will be able to absorb the additional economic stress; however, Mr. Fincher does not believe legislators will be able to appropriate funds to help accommodate reduced ratios. He referenced earlier testimony, saying that literature states that diaper-changing is an excellent opportunity for nurturing. Mr. Fincher suggests the department question what can be done with available monies. There must be a balance between child-to-staff ratio and the safety of children.
Nancy Chick, Legislative Chair of the Texas Licensed Child Care Association, states TLCCA members do not support lower ratios. The number of subsidized children in centers has increased markedly, and lower ratios will force these children into unlicensed care. Licensed centers must compete with unlicensed before and after-school programs not affected by these ratios. Texas needs a way to pay for quality. This is not the time to raise ratios.
Paul Huff, also speaking on behalf of attendee Kevin Kilgore, Jr., states he and his wife represent Kids ‘R’ Kids of West Frisco, as well as 62 other Kids 'R' Kids centers that are members of the National Child Care Coalition, serving approximately 15,000 children every day. Mr. Huff referred to prior testimony that teacher stress affects the ability to provide nurturing care. He invited council members to visit his facility to see daily operations in practice; his child care environment does not resemble the doll demonstration presented to the Council. Mr. Huff believes results of research conducted in other states are misleading. Many child care businesses in Georgia failed last year. Mr. Huff provided handouts relating to child care ratios and agreed with Mr. Fincher that diaper-changing is an excellent opportunity for nurturing. Mr. Huff finds it ironic that while the department is trying to lower ratios in childcare centers, independent school districts are raising their ratios. In addition, the school districts can apply for a waiver when facing budgetary problems; he noted a similar waiver is not being considered for childcare centers.
Jackie Taylor, Program Director for the Texas Association for the Education of Young Children, supports the revisions to child care standards. Ms. Taylor maintains increased standards will benefit health and safety of children. Safety is the issue, not the cost of care. TAEYC will advocate in the next legislative session for a quality rating and improvement system that will encourage TWC to raise reimbursement rates. TAEYC also supports increased training and no TV for children under age two. Emerging research shows too much TV for infants and toddlers can impact brain development. Children need to be school-ready when they reach kindergarten.
Kathy Keller is Executive Director, of WC4C (Williamson County Community Coordinated Childcare) and a retired high school teacher. Ms. Keller states proposed revisions will improve the care of children. Child safety is most important, not the center’s bottom line; childcare centers need to figure out a way to make lower ratios work and not sacrifice the development of the child. WC4C supports more training and education, smaller group sizes, and low staff/child ratios. Research indicates children need responsive care. The critical years are those of early childhood. Ms. Keller concluded her testimony with the quote, "We create the world we live in by the way we treat our children."
Chair Bryant reminded stakeholders that anyone who donated his time to another speaker and also submitted a request to speak would not be called on to speak.
Patricia Smith, Little Dudes Learning Center, Inc. Ms. Smith brought an illustration to show a low-income child caught between legislature and licensing. Cost comes with quality care. The majority of the students in the Little Dudes Center receive state-subsidized tuition. The funding model established by the legislature and TWC can not support the quality focus of child care. The agencies have seemingly opposing objectives. Low-income funding for children has not been increased in almost ten years. Non-profit status does not exempt the center from property taxes. The center was not able to maintain TAEYC accreditation on state funding. They are now 4-Star and Texas school-ready certified. With lower ratios and more financial stress, many quality child care centers will fail. Ms. Smith requests a moratorium on proposed changes until the State addresses the financial crisis. She sees only two options: fund quality care for fewer children or care for more with lower quality.
Frank Bennett, owner of a NAEYC-accredited center in Atlanta, Georgia, and president of the Georgia Child Care Association, also spoke for attendee Paul Hirshberger. Mr. Bennett owns a Kids 'R' Kids Center in Atlanta. There are three aspects to good child care policy: quality, affordability and accessibility. The regulations focus on quality; the lack of state visits can overlook poor care. The proposed regulations will drive more children into unlicensed and unregulated care. Only 30 percent of children nationwide are in licensed care. The goal should be to increase the number of children in licensed care. Creative tax policy and reimbursement policy can incentivize, not mandate, quality.
Denine Temple, with Northside Kid Connection, represents registered family home care providers. Ms. Temple states many of the concerns previously discussed are already in effect because of immigration, inflation, and recession. Registered family home centers take the children centers reject. Ninety percent of children in family home centers are socially and economically disadvantaged children whose parent's ages range from 12 to 25 years old. Many children are already enrolled in centers that are not high-quality. Family home care providers will not be able to operate if the child/ratio is lowered. Ms. Temple provided a handout to outline how much her business receives from the State for low SES children.
John Summer, with 24-Hour Care, LL, states his center serves mostly children of poverty. The National Center for Children in Poverty has issued warnings concerning child care in Texas. The Council must consider what they are doing for children but also what they might be doing against them. The majority of at-risk children are more likely to be Black or Latino than White. Lowered ratios would benefit the affluent and White children and would disadvantage the Black and Latino children.
Amy Hargrove, speaking on behalf of SD Enterprises, agrees that children should be our first priority. Ms. Hargrove states requiring three teachers per classroom and ensuring teachers are educated will benefit children in two ways: they will have a better education and they will have more opportunity for individual care. She is very concerned about the children who would be dis-enrolled to meet the new standards. At-risk children, for whom the center is the only stable, loving and safe environment, would be displaced. Ms. Hargrove believes there is a way to create safe and nurturing environments without affecting for-profit childcare centers.
Wendy Frederick, owner of We 4 Freds, Inc., believes teacher education is more important to a quality childcare facility than the teacher/child ratio. Ms. Frederick's center receives 25 percent of the normal charge for NCI children, which affects the amount of funds available for teacher training. Lowering ratios will result in even less funds to be used for teacher training.
Cheryl Shaughnessy, speaking on Academic Excellence, has been in early childhood care for 30 years and has been through many standard reviews. Current/staff ratios and group sizes, combined with experienced, educated teachers in a structured academic program provide better care than lower staff/child ratios and smaller group sizes with teachers with only eight hours of pre-service training. Quality is a child who is happy, safe, nurtured and exposed to many different children and many different academic experiences. Underprivileged children appreciate those opportunities the most. Those who would need to find other child care arrangements if ratios are lowered are not numbers; they are names. Ms. Shaughnessy asks the department to consider what is realistically and economically best for all children.
After hearing all registered speakers, Chair Bryant reminded speakers that supplemental written material would be included as public comment for the relevant rule changes regarding Chapters 746 and 747, which will come before the Council at the October Council Meeting. For the October meeting, one speaker may donate his three minutes to another speaker resulting in a maximum of six minutes for the designated speaker. Both the designated speaker and the person donating his time must be present at the Council meeting. This policy can be found on the DFPS website.
Agenda Item 4 - Agency Briefings
4.a.Commissioner's Report to include: Foster Care Redesign, Fostering Connections Permanency Care Assistance, Legislative Appropriations Requests (LAR) process, Senate Bill 643 implementation, DFPS sponsored advertisements, and notification of rule adoptions – Anne Heiligenstein
Commissioner Heiligenstein expressed appreciation to all who provided public testimony. She discussed the Foster Care Redesign project which intends to redesign the foster care system so children can be cared for in their own home communities, have close connections to their families, be placed with siblings when possible, and maintain educational continuity. Continuum of care should be available so needs can be met closest to a child's home. Private providers, district judges, the Supreme Court Commission on Children, advocates, youth and families have participated in effort to identify necessary changes and to make recommendations to the Legislature in January 2011. The recommendations will have an impact on providers. The Foster Care Redesign webpage was launched in April, and 600 people representing 94 counties responded to the redesign survey. Local meetings and focus groups have been held. Final recommendations will be prepared by December and presented to the legislature in January.
Commissioner Heiligenstein reported on the Fostering Connections legislation which was passed last session. This new legislation allows DFPS to place children with relatives and provides financial support to care for them. In Texas this program is called the Permanency Care Assistance (PCA) program. In this program the child is allowed true permanency and normalcy because the child will be placed permanently with the caregiver. Thus far, seventy-five children have been placed with 42 relative foster homes. When legislation comes into effect this fall, DFPS will go to court with those families and ask for a transfer of legal guardianship from the state to the relative. The case will then be closed. If these seventy-five children had remained in foster care, it would amount to 835 years of foster care. Relative placement costs less than foster care; 835 years of substitute care amounts to over 10,000 monthly face-to-face contacts that caseworkers will no longer have to make. This program is similar to the Adoption Subsidy Program which has been very successful in Texas.
Commissioner Heiligenstein asked Cindy Brown, Chief Financial Officer, to report on the Legislative Appropriations Request (LAR) process. The department has been working with the Legislative Budget Board (LBB) to determine base funding for the current biennium, or the estimate of spending for FY 10 and what is budgeted for FY 11. The baseline for the current biennium forms the limit for the baseline request for the FY 12 and FY 13 biennium. The LBB reviews and approves these amounts at a high level by funding source. The process is nearing completion. The federal entitlement program, Permanency Care Assistance is included in the request. Additional general revenue needed for caseload growth must be requested as an exceptional item. Additional general revenue is also needed to replace the one-time stimulus funds provided through an enhanced federal match for adoption subsidies. The required supplemental schedule in the LAR lays out how the base would be reduced by 10 percent general revenue funds. This supplemental schedule will be very important during the session as the State is facing an $18 billion shortfall. The department is in the final phase of costing all exceptional items, items to replace one-time funding and items to maintain staffing levels and client services. One month remains to finish the request; submittal date is August 16, 2010.
Ms. Papadopoulos asked for clarification about the 10 percent reduction. Commissioner Heiligenstein gave the figure of $78 million for two years, the biennium of the projected reduction. Ms. Papadopoulos also asked if DFPS interacts with Texas Workforce Commission (TWC), or Scholarship Fund. The department is not involved in decisions regarding subsidized amounts for daycare; however, Child Care Licensing does work with TWC regarding daycare services. Chair Bryant stated that the volume of children that can be provided for versus the reimbursement level is a struggle for TWC and DFPS is not involved in this decision-making process between TWC and the legislature. Ms. Papadopoulos asked if there is communication between DFPS and TWC; i.e., will this testimony be given to TWC? Chair Bryant said that contact and communication is frequent and productive but that DFPS does not have a role in setting rates. Assistant Commissioner Rasco added that DFPS was invited to testify at the House Committee on Technology and Economic Development hearing about child care subsidy.
Commissioner Heiligenstein invited APS Assistant Commissioner Beth Engelking to report on Senate Bill 643, passed last session and effective June 1, and the Department of Justice (DOJ) settlement. Ms. Engelking thanked APS staff for preparing for the legislative changes. Such changes required a Memorandum of Understanding (MOU) between DFPS, the Department of Aging and Disability Services, the Department of State Health Services, the Office of Inspector General and the independent ombudsman relating to investigations in state supported living centers. Ms. Engelking also thanked General Counsel Gerry Williams for steering this process.
Commissioner Heiligenstein called on Darrell Azar, Communications Manager, to report on media campaigns. ARRA provided the agency $4 million to invest in improving infant and toddler care; $800,000 was used for two public education campaigns. Three television ads and three radio ads were created, both in English and Spanish. Social media outreach has also been developed. TV ads have been posted on YouTube, Facebook and on the DFPS website. 1.2 million tip cards are being distributed also. Thus far, the ads have had 1600 hits through Facebook. Ms. Martin asked about the broadcast area for the ads, specifically distribution in the Rio Grande Valley. The ads are airing in every market. Ms. Papadopoulos has not yet seen the ads in Houston and asked if daycares are aware of them. The tip cards are being distributed through CCL representatives. Copies of the ads or links to them could be provided to daycares. CCL has found that communicating with parents through childcare centers is not usually effective. Commissioner Heiligenstein stated that the funding resource was a one-time funding opportunity intended to provide products with a long shelf life that could be provided free of charge to childcare operators. Mr. Azar pointed out that online training on Safe Sleep is also available for daycare providers. The ads were shown during Mr. Azar's presentation.
Commissioner Heiligenstein reminded the Council of the rule they reviewed regarding the Educational Training and Voucher program that supports foster care children as they exit the system. The Council recommended the rule packet for proposal at the April meeting and since no comments were received during the public comment period, the rule packet was submitted to Executive Commissioner Suehs and has been approved for adoption.
Chair Bryant called for a ten-minute break at 11:05 a.m.
Chair Bryant reconvened the meeting of the Texas Department of Family and Protective Services Council at 11:16 a.m., July 16, 2010, in the John H. Winters Building, Public Hearing Room, 125E, 701 West 51st Street, Austin, Texas.
Agenda Item 4 - Agency Briefings
4.b. Chair's Report - Gigi Edwards Bryant
Ms. Bryant asked council members to report on their community involvement. Ms. Martin reported on a partnership in the Valley working to develop new residential facilities; there is one new facility. Additionally, Ms. Martin works with the Children's Advocacy Center and with United Way. Mr. Rosenbach represents Region 1, the Panhandle. He is working with CPS to meet and provide training for youth pastors on the issues of sexual and physical abuse. Mr. Rosenbach is also working with APS to develop a Silver Star Board. Dr. Robinson, from Region 6, attended the HHSC Strategic Planning hearing held in Navasota. She expressed interest in further supporting APS, CPS, CCL, in the Houston area. Ms. Papadopoulos also represents Region 6 and continues to be involved with Grandparents Rights, a model program designed to assist grandparents raising children who are not in the conservatorship of CPS. Additionally, Ms. Papadopoulos attended the Older American Conference in Houston. Ms. Strauch from Region 8 serves on the Public/Private Partnership assisting with Foster Care Redesign, and she presents on HR topics relative to child and elder abuse. Dr. Furakawa works with organizations in the San Antonio area committed to reducing child abuse and neglect. Additionally, he participated in the Disproportionality workshop held in May. Ms. Epperson attended the April DFPS Stakeholder Forum in Austin and the HHSC Strategic Planning hearing in Dallas. Ms. Bryant's own activities include public speaking engagements and involvement in the Austin community.
Agency Item 5 - New Business
5.a. Recommendation to propose rule amendment to 40 TAC, Chapter 700, Child Protective Services Relating to the Permanency Care Assistance Program - Debra Emerson
Ms. Emerson proposed rule amendment to 40 TAC, Chapter 700, Child Protective Services Relating to the Permanency Care Assistance. This rule clarifies that a person will not be eligible to receive PCA benefits on behalf of any child if the Court issues an order naming the person/parent joint managing conservator of the child, or awarding possessory conservatorship to one of the parents. It also clarifies that a person awarded sole or joint managing conservatorship in a temporary or final order is not entitled to foster care reimbursement. There is no foreseeable fiscal impact and stakeholder input will be attained. She asked the council to recommend that these rules be published in the Texas Register for public comment.
Ms. Epperson moved that the Council recommend for proposal by the Health and Human Services Commission the amendments to Chapter 700.1029 and 700.1031 concerning the Permanency Care Assistance program, as reflected in the Council's July 16, 2010 Agenda Item 5(a). Mr. Rosenbach seconded. Ms. Bryant asked for discussion called for a vote. The motion passed.
5.b. Recommendation to propose rule changes in 40 TAC, Chapter 700, Eligibility for Foster Care relating to redetermination of foster care and the Return to Care Program - Debra Emerson
Ms. Emerson proposed rule amendment to 40 TAC, Chapter 700, Eligibility for Foster Care relating to re-determination of foster care and the Return to Care Program. The purpose of the proposed rule changes is to implement federal guidance from the Administration for Children and Families (ACF). The proposed changes eliminate annual re-determinations for ACF purposes and add language that DFPS may perform re-determinations on state-paid foster care to ensure the child continues to meet income and resource limitations for Medicaid while in foster care. The proposed changes also clarify qualifications for the Return to Care Program: the child must be in DFPS conservatorship the day before their 18th birthday and it does not matter if the child was on runaway status or in an unauthorized placement. The changes also clarify that crimes or abuse or neglect committed before child's 18th birthday will not bar the child from returning to the foster care program. Ms. Emerson stated that none of the changes have a fiscal impact and stakeholder input will be obtained during the public comment period. She asked that council recommend to Commissioner Heiligenstein and Executive Commissioner Suehs that these rules be proposed and published in the Texas Register for public comment.
Dr. Robinson moved that the Council recommend for proposal by the Health and Human Services Commission the amendments and repeals concerning re-determination of foster care and the Return to Care Program, as reflected in the Council's July 16, 2010 Agenda Item 5(b). Second was made by Ms. Martin. Ms. Bryant asked for discussion and called for a vote. The motion passed.
5.c. Recommendation to propose rule changes in 40 TAC, Chapter 745, Licensing (Background Checks), and Chapter 749, Child-Placing Agencies (Time-Limited Verifications of Foster Homes) - Sasha Rasco
Ms. Rasco presented the recommendation to propose rule changes in 40 TAC, Chapter 745, Licensing (Background Checks and Chapter 749, Child-Placing Agencies (Time-Limited Verifications of Foster Homes), Agenda Item 5(c). She asked that the Council recommend to Commissioner Heiligenstein and Executive Commissioner Suehs that these rules be proposed and published in the Texas Register for formal public comment.
Ms. Strauch moved that the Council recommend for proposal by the Health and Human Services Commission the amendments and new sections concerning background checks and time-limited verifications of foster homes, as reflected in the Council's July 16, 2010 Agenda Item 5(c). Dr. Robinson seconded. Ms. Bryant asked for discussion and called for a vote. The motion passed.
Agency Item 6 - Old Business
6.a. Recommendation to adopt new 40 TAC, Chapter 744, Minimum Standards for School-Age and Before or After-School Programs - Sasha Rasco
Ms. Rasco presented rules recommended for adoption of rule changes in 40 TAC, Chapter 744, Minimum Standards for School-Age and Before or After-School Programs. She asked the Council to recommend to Commissioner Heiligenstein and Executive Commissioner Suehs that these rules be adopted as reflected in the Council's July 16, 2010 Agenda Item 6(a), with changes based on public comment.
Ms. Papadopoulos moved that the Council recommend for adoption by the Health and Human Commission new Chapter 744 concerning Minimum Standards for School-Age and Before or After-School Programs, as reflected in the Council's July 16, 2010 Agenda Item 6(a). Ms. Strauch seconded the motion. Ms. Bryant asked for discussion and called for a vote. The motion passed.
6.b. Recommendation to adopt rule changes in 40 TAC, Chapter 720, 24-Hour Care Licensing; Chapter 745, Licensing; Chapter 748, General Residential Operations; Chapter 749, Child-Placing Agencies; and Chapter 750, Independent Foster Homes - Sasha Rasco
Ms. Rasco presented Agenda Item 6(b), Recommendation to adopt rule changes in 40 TAC, Chapter 720, 24-Hour Care Licensing; Chapter 745, Licensing,; Chapter 748, General Residential Operations; Chapter 749, Child-Placing Agencies; and Chapter 750, Independent Foster Homes. Ms. Rasco asked that the Council recommend to Commissioner Heiligenstein and Executive Commissioner Suehs that these rules be adopted as reflected in Agenda Item 6(b) with changes based on public comment.
Mr. Rosenbach moved that the Council recommend for adoption by the Health and Human Services Commission the amendments, repeals and new sections in Chapter 720, 24-Hour Care Licensing; Chapter 745, Licensing; Chapter 748, General Residential Operations; Chapter 749, Child-Placing Agencies; and Chapter 750, Independent Foster Homes, as reflected in the Council's July 16, 2010 Agenda Item 6(b). The motion was seconded by Ms. Epperson. Ms. Bryant asked for discussion and called for a vote. The motion passed.
6.c. Recommendation to adopt rule changes in 40 TAC, Chapter 743, Minimum Standards for Shelter Care; and relevant amendments to Chapter 745, Licensing - Sasha Rasco
Ms. Rasco presented Agenda Item 6(c), Recommendation to adopt rule changes in 40 TAC, Chapter 743, Minimum Standards for Shelter Care; and relevant amendments to Chapter 745, Licensing. She asked that the Council recommend to Commissioner Heiligenstein and Executive Commissioner Suehs that these new rules be adopted as reflected in Agenda Item 6(c) with changes based on public comment.
Dr. Robinson moved that the Council recommend for adoption by the Health and Human Services Commission new 743, Minimum Standards for Shelter Care; and relevant amendments to Chapter 745, as reflected in the council's July 16, 2010 Agenda Item 6(c). Ms. Martin seconded. Ms. Bryant asked for discussion and called for a vote. The motion passed.
Ms. Bryant thanked Sasha Rasco and her staff for their work on the amendments and rule proposals. Ms. Rasco thanked the Council for their time and attention and expressed appreciation for Legal's assistance.
6.d. Recommendation to adopt rule changes in 40 TAC, Chapter 711, Subchapter 0, Employee Misconduct Registry - Beth Engelking
Ms. Engelking presented Agenda Item 6(d), Recommendation to adopt proposed rule changes in 40 TAC, Chapter 711, Subchapter O, Employee Misconduct Registry. Three comments had been received. Ms. Engelking asked that the Council recommend to Commissioner Heiligenstein and Executive Commissioner Suehs that these rules be adopted with changes based on the comments to be effective September 1, 2010.
Dr. Furukawa moved that the council recommend for adoption by the Health and Human Services Commission the amendments, new sections and repeals concerning the Employee Misconduct Registry, as reflected in the Council's July 16, 2010 Agenda Item 6(d). Ms. Papadopoulos seconded the motion. Ms. Bryant asked for discussion and called for a vote. The motion passed.
Agenda Item 7 - Adjourn
Chair Bryant thanked Commissioner Heiligenstein and General Counsel Gerry Williams. She asked for comments from the Council and, hearing none, the meeting was adjourned at 11:48 a.m.
1. This has been subsequently changed on the DFPS website to state two speakers both attending the Council meeting may share time for public testimony for a maximum of six minutes.