Texas Register, Volume 9, Number 34, Pages 2511-2580, May 8, 1984 Page: 2,549
2511-2580 p. ; 28 cm.View a full description of this periodical.
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Ru,
The new sections are proposed under the H,'man Re-
sources Code, Title 2, Chapter 22 and Chapter 42,
which authorizes the department to administer public
assistance and 24-hour care licensing programs.
83.901. Legal Basis for Operation.
(a) Emergency shelters (other than those owned by
a sole proprietor) must make available to the Licensing
Branch of the Texas Department of Human Resources
documentation of their legal basis for operation. The
emergency shelter must notify the Licensing Branch of
any changes in the legal basis for operation. The emer-
gency shelter must document the legal basis for opera-
tion in one of the following ways.
(1) An incorporated emergency shelter must state
its purposes in the articles of incorporation. A corporation
nust make available to the department a copy of the ar-
ticles of incorporation and certificate of incorporation.
(2) Emergency shelters operated by state agen-
cies or other governmental entities must make available
to the department documentation of enabling legislation
and a copy of a constitution or bylaws, if they exist.
(3) Emergency shelters operated by a partnership
or association must make available to the department
partnership agreements or documents reflecting the ex-
istence or creation of an association.
(b) Churches and corporations must make availa-
ble to the department a copy of the resolution authoriz-
ing the operation of the facility.
83.902. Governing Body Responsibilities.
(a) All emergency shelters must have a governing
body that is responsible for and has authority over the
policies and activities of the emergency shelter. If an emer-
gency shelter is owned by a partnership, the department
considers the partners as the governing body for fulfill-
ing the responsibilities specified in this section. If an emer-
gency shelter is owned by a sole proprietor, the sole
proprietor must fulfill the responsibilities of a governing
body as specified in this section. Corporately owned emer-
gency shelters must provide the department with a list of
names, addresses, and titles of the governing body, the
officers, and/or executive committee. Emergency shelters
that are owned jointly or individually must provide the
department with a list of names and addresses of the part-
ners or owners. The governing body of the emergency
shelter must notify the Licensing Branch of any changes.
(b) The governing body is responsible for policies
and programs, for ensuring adequate financing, and for
ensuring compliance with minimum standards.
(c) The emergency shelter must operate according
to its written policies. The governing body is responsible
for ensuring that copies of policies required by the mini-
mum standards are available to facility staff.
(d) The governing body must reassign or remove
from direct child care activity any licensed administra-
tor against whom is returned:
(I) an indictment alleging commission of any fel-
ony classified as an offense against the person or family,
or of public indecency, or violation of the Texas Con-
trolled Substances Act;
(2) an indictment alleging commission of any
misdemeanor classified as an offense against the person
or family or of public indecency;(3) an official complaint accepted by a district
or county attorney alleging commission of a misdemeanor
classified as an offense against the person or family or
of public indecency.
(e) The governing body must continue the reassign-
ment or removal until resolution of the charges. The
governing body must notify the Licensing Branch of the
action within 24 hours or the next workday.
83.903. Fiscal Accountability.
(a) The emergency shelter must maintain complete
financial records. A certified public accountant must audit
these records annually. A licensed emergency shelter must
submit a copy of the accountant's statement of income
and disbursements and the opinion letter from the audit
report with the license application.
(b) New emergency shelters must submit a letter
from a certified public accountant stating that the book-
keeping system will be set up so that an audit may be made
at the end of each fiscal year.
(c) When the signed application is submitted, new
emergency shelters must submit a 12-month budget to the
Licensing Branch.
(d) New emergency shelters must have funds suffi-
cient for the first year of operation. They must have
reserve funds or documentation of available credit equal
to the operating costs for the first three months.
83.904. Placement in Foster or Adoptive Homes. An
emergency shelter must be licensed for child-placing ac-
tivity before it places children in care into foster or adop-
tive homes or another institution.
83.905. Reports and Records.
(a) The emergency shelter must report immediate-
ly any serious occurrence involving a child to the manag-
ing conservator or parents, if the emergency shelter knows
the managing conservator's or parents' identity and how
to contact them. The emergency shelter must document
in the child's record notification of the parents or manag-
ing conservator. If the managing conservator or parents
cannot be contacted, the emergency shelter must docu-
ment this in the child's record.
(b) The emergency shelter must complete written
reports concerning serious occurrences involving staff or
children. The emergency shelter must ensure that each
report includes the date and time of occurrence, the staff
or children involved, the nature of the incident, and the
circumstances. The emergency shelter must file a copy
of the report at the shelter and make it available for review
by staff of the Licensing Branch
(c) The emergency shelter must report the follow-
ing types of serious occurrences to the Licensing Branch
within 24 hours or the next workday:
(I) suicide attempts;
(2) incidents of cruel or abusive treatment;
(3) incidents which critically injure or perma-
nently disable a child; and
(4) death of a child.
(d) If a child is a runaway, the emergency shelter
must report his absence to the appropriate law enforce-
ment agency and managing conservator or parents, if the
emergency shelter knows their identity and how to con-
tact them. The emergency shelter must document in the
child's record notification of the child's parents or manag-May 8, 1984
9 TexRg 2549
a I
ii -- II II
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Texas. Secretary of State. Texas Register, Volume 9, Number 34, Pages 2511-2580, May 8, 1984, periodical, May 8, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243587/m1/39/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.