Section 700.110 - Waiver Provision for DFPS Pilot Programs(a) As used in this section, the term "DFPS Pilot Program" means a small-scale, time-limited, trial program that DFPS will use to help determine the feasibility of implementing a project on a large scale. The term may include: (1) a pilot program to implement integrated care coordination for certain high-needs children in the conservatorship of the Department of Family and Protective Services (DFPS). Integrated Care Coordination (ICC) means the coordination of the activities of all entities and individuals responsible for an individual's medical, social and behavioral health case management, ensuring all components of medical, social and behavioral health case management are utilized effectively, without duplication, to achieve quality outcomes for the child. Integrated Care Coordination services are designed for the specific purpose of maintaining the child or youth in, or transitioning the child or youth to, a family-based or community-based setting and include placement responsibility under a no eject, no reject contract. Integrated Care Coordination services include responsibility for all child welfare related tasks and activities under federal and state law; (2) a pilot program to contract for the case management of family-based safety services in one or more administrative regions of the state; and (3) any other pilot program determined to be appropriate or feasible by the Commissioner of DFPS. (b) Notwithstanding any other provision in this chapter, to the extent necessary for the implementation of a DFPS Pilot Program, DFPS may waive a provision in any section in this chapter as provided under subsection (c) of this section. (c) The waiver of any rule provision contained in this chapter must be approved by the Commissioner of DFPS, or that person's designee, after consultation with agency legal counsel to ensure that the waiver does not conflict with other state or federal law. (d) Nothing in this section shall be construed to authorize DFPS to waive a provision of any section in this chapter if such waiver violates other state or federal law.40 Tex. Admin. Code § 700.110
Adopted by Texas Register, Volume 42, Number 34, August 25, 2017, TexReg 4308, eff. 9/1/2017