Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,042
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(G) Case management follow-up, which provides a sys-
tem to document customer progress at completing steps and achieving
goals. Case management follow-up should occur, at a minimum, ev-
ery 30 days, either through a meeting, phone call or email. In person
meetings should occur, at a minimum, once a quarter;
(H) A record of referral resources and documentation
of the results;
(I) A system to document services received and to col-
lect and report NPI data;
(J) A system to document case closure for persons that
have exited case management;
(K) A system to document income for persons that have
maintained an income level above 125% of the Federal Poverty Income
Guidelines for 90 days;
(L) A system to document and notify customers of ter-
mination of case management services;
(M) Customer Satisfaction Survey; and
(N) On an annual basis, an Eligible Entity should de-
termine the effectiveness of its case management services and identify
strategies for improvement, including identification of reasons for cus-
tomer terminations and strategies to limit their occurrence.
(j) Effective January 1, 2016, Eligible Entities shall meet the
CSBG Organizational Standards as issued by HHS IM 138 (as revised),
except that where the word bylaws is used the Department has modi-
fied the standards to read Certificate of Formation/Articles of Incorpo-
ration and bylaws; also, Eligible Entities must follow the requirements
in UGMS or TxGMS (as applicable) including the State of Texas Sin-
gle Audit Circular. Failure to meet the CSBG Organizational Standards
as described in this subsection may result in HHS IM 116 proceedings
as described in Chapter 2 of this title (relating to Enforcement).
6.208. Designation and Re-designation of Eligible Entities in Un-
served Areas.
If any geographic area of the state ceases to be served by an Eligible
Entity, the requirements of 42 U.S.C. 9909 will be followed.
6.209. CSBG Requirements for Tripartite Board of Directors.
(a) General Board Requirements.
(1) The Coats Human Services Reauthorization Act (Pub-
lic Law 105-285) addresses the CSBG program and requires that Eli-
gible Entities administer the CSBG program through a tripartite board.
The Act requires that governing boards or a governing body be in-
volved in the development, planning, implementation, and evaluation
of the programs serving the low-income sector.
(2) Federal requirements for establishing a tripartite board
require board oversight responsibilities for public entities, which differ
from requirements for private organizations. Where differences occur
between private and public organizations, requirements for each entity
have been noted in related sections of the rule.
(b) Each CSBG Eligible Entity shall comply with the provi-
sions of this rule and if necessary, the Eligible Entity's by-laws/Certifi-
cate of Formation/Articles of Incorporation shall be amended to reflect
compliance with these requirements.
6.210. Board Structure.
(a) Eligible Entities that are Private Nonprofit Organizations
shall administer the CSBG program through a tripartite board that fully
participates in the development, planning, implementation, and evalu-
ation of the program to serve low-income communities. Records mustbe retained for all seated board members in relation to their elections to
the board for the longer of the board member's term on the Board, or the
federal record retention period. Some of the members of the board shall
be selected by the Private Nonprofit Organization, and others through
a democratic process; the board shall be composed so as to assure that
the requirements of the CSBG Act are followed and are composed as:
(1) One-third of the members of the board shall be elected
public officials, holding office on the date of the selection, or their rep-
resentatives. In the event that there are not enough elected public offi-
cials reasonably available and willing to serve on the board, the entity
may select appointive public officials to serve on the board. The pub-
lic officials selected to serve on the board may each choose one per-
manent representative or designate an alternate to serve on the board.
Appointive public officials or their representatives or alternates may be
counted in meeting the 1/3 requirement.
(2) Not fewer than 1/3 of the members are persons chosen
in accordance with the Eligible Entity's Board-approved written demo-
cratic selection procedures adequate to assure that these members are
representative of low-income individuals and families in the neighbor-
hood served; and each representative of low-income individuals and
families selected to represent a specific neighborhood within a com-
munity resides in the neighborhood represented by the member.
(3) The remainder are members of business, industry, la-
bor, religious, law enforcement, education, or other major groups and
interests in the community served.
(b) For a Public Organization that is an Eligible Entity, the en-
tity shall administer the CSBG grant through an advisory board that
fully participates in the development, planning, implementation and
evaluation of programs that serve low-income communities or through
another mechanism specified by the state and that satisfies the require-
ments of a tripartite board in subsection (a) of this section. The advisory
board is the only alternative mechanism for administration the Depart-
ment has specified.
(c) An Eligible Entity administering the Head Start Program
must comply with the Head Start Act (42 U.S.C. 9837) that requires
the governing body membership to comply with the requirements of
642(c)(1) of the Head Start Act.
(d) Residence Requirement. Board members must follow any
residency requirements outlined in 42 U.S. Code 99 10, or federal reg-
ulations made pursuant to that section. Low income representatives
must reside in the CSBG Service Area.
(e) Selection.
(1) Public Officials:
(A) Elected public officials or appointed public of-
ficials, selected to serve on the board, shall have either general
governmental responsibilities or responsibilities which require them
to deal with poverty-related issues.
(B) Permanent Representatives and Alternates. The
public officials selected to serve on the board may each choose one
permanent representative or designate an alternate to serve on the
board.
(i) Permanent Representatives. The representative
need not be a public official but shall have full authority to act for the
public official at meetings of the board. Permanent representatives may
hold an officer position on the board. If a permanent representative is
not chosen, then an alternate may be designated by the public official
selected to serve on the board. Alternates may not hold an officer po-
sition on the board.46 TexReg 6042 September 17, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/60/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.