TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER
F.
The Department of Family and Protective Services (DFPS) proposes to amend rules in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Parent Collaboration Group (PCG) and the Youth Leadership Council (YLC) advisory committees.
BACKGROUND AND PURPOSE
In 2016, DFPS adopted rules establishing the Youth Leadership Council and the Parent Collaboration Group advisory committees which had already existed, although not uniformly established in rule. Since adoption in 2016, the needs of the agency have evolved with the expansion of community-based care and amendments are needed to ensure the committees continue to serve their intended purpose. Additionally, the committees are set to expire in 2026 and amendments are needed to extend their duration so these committees can continue to provide input to DFPS.
SECTION-BY-SECTION SUMMARY
The proposed amendments to §702.513 increase the maximum membership of the Parent Collaboration Group (PCG) from 22 to 24 members; removes the provision requiring two members per department region to serve on the group; incorporates community-based care regions; and extends the expiration date of the committee to 2036.
The proposed amendments to §702.515 regarding the Youth Leadership Council (YLC) clarifies the purpose and tasks of the YLC to include "young adults" currently or formerly in foster care; expands membership eligibility to include "young adults" who are or were involved in the child welfare system; revises rule language to incorporate community-based care; removes the requirement that two members per region be appointed; amends the meeting requirement to require a joint meeting; and extends the expiration date of the committee to 2036.
FISCAL NOTE
Lea Ann Biggar, Chief Financial Officer, has determined that for each year of the first five years that the section(s) will be in effect, there will not be any fiscal implications to state government as a result of enforcing and administering the section(s) as amended. There will be no effect on local government.
GOVERNMENT GROWTH IMPACT STATEMENT
DFPS has determined that during the first five years that the section(s) will be in effect:
(1) the amended rule(s) will not create or eliminate a government program;
(2) implementation of the amended rule(s) will not affect the number of employee positions;
(3) implementation of the amended rule(s) will not require an increase in future legislative appropriations;
(4) the amended rule(s) will not affect fees paid to the agency;
(5) the amended rule(s) will not create a new rule;
(6) the amended rule(s) will not expand, limit, or repeal an existing rule
(7) the amended rule will increase the number of individuals subject to the rule; and
(8) the amended rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Ms. Biggar has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule does not apply to small or micro-businesses, or rural communities.
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT
There are no anticipated economic costs to persons who are required to comply with the section(s) as proposed.
COSTS TO REGULATED PERSONS
Texas Government Code, §2001.0045 does not apply to these rule amendments because DFPS is exempt per subsection (c) of §2001.0045.
PUBLIC BENEFIT
Ms. Biggar has also determined that for each year of the first five years the section(s) are in effect, the public benefit anticipated as a result of enforcing the sections will be continued operation of the advisory committees which would otherwise expire in 2026. This ensures DFPS can continue to receive input from parents, youth, and young adults through the advisory committees. The amendments also expand eligibility and clarify and incorporate community-based care regions.
TAKINGS IMPACT ASSESSMENT
DFPS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
DFPS invites comments on the amended rule proposals. DFPS requests information related to the cost, benefit, or effect of the proposed new, amended, and repealed rules, including any applicable data, research, or analysis. To be considered, comments, questions, and information must be submitted no later than 30 days after the date of this issue to the Texas Register.
Electronic comments and questions may be submitted to Lauren Villa, Policy Attorney at lauren.villa@dfps.texas.gov or RULES@dfps.texas.gov. Hard copy comments may be submitted to the DFPS Rules Coordinator, Legal Services Sanjuanita Maltos, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030.
STATUTORY AUTHORITY
The amendments are proposed under Texas Human Resources Code §40.030 which permits the DFPS Commissioner or designee to appoint advisory committees in accordance with Texas Government Code Chapter 2110. Chapter 2110 requires state agency advisory committees to be established by rule and to include provisions on the purpose, tasks, reporting requirements, and duration of each committee. Chapter 2110 also addresses committee composition, presiding officer selection, evaluation, and reporting requirements. Human Resources Code §40.030 permits DFPS to adopt rules governing advisory committee size, membership, appointments, and compliance with Open Meetings.
The amendments are also proposed under Human Resources Code §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matter within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
§702.513.
(a) Establishment. The Parent Collaboration Group ("PCG") is established.
(b) Purpose. The purpose of the PCG is to provide a forum for individuals who have had involvement with the child welfare system as parents to discuss their experiences and make recommendations to the Department for improving the system.
(c) Tasks. The PCG performs the following tasks:
(1) Makes recommendations to the Department through regularly scheduled meetings and Department staff assigned to the committee; and
(2) Performs other tasks consistent with its purpose and bylaws.
(d) Reporting requirements and Department action.
(1) The Department will gather information on the PCG activities to compile an annual report.
(2) The annual report may guide Department policy or practice.
(e) Membership.
(1)
The PCG consists of no more than 24 [22] members.
(2) Members are appointed by the Regional Directors who may consult with the Single Source Continuum Contractor when making appointments in a Community Based Care catchment area.
(3) Membership requirements:
(A) All members must have previously been involved in the child welfare system as parents.
(B) In general, the member's Child Protective Services case must have been closed for one year; the Regional Director or Single Source Continuum Contractor in a Community Based Care catchment area may make exceptions to this rule if the parent is otherwise qualified.
[(C) Two members per Department region will serve on the PCG if possible.]
(4) Except as may be necessary to stagger terms, a PCG member serves for a two-year term and may be appointed for additional terms, not to exceed three terms.
(f) Meetings. The PCG will meet a minimum of three times per year.
(g) Decision-making. The committee will make decisions by consensus.
(h)
Abolition. The PCG is abolished, and this section expires, August 31, 2036 [2026].
(i) The PCG is not a "governmental body" for purposes of the Open Meetings Act, Texas Government Code Chapter 551.
§702.515.
(a) Establishment. The State Youth Leadership Council is established.
(b) Purpose. The State Youth Leadership Council provides a forum for youth and young adults who are currently or were formerly in foster care to discuss their experiences with the Texas foster care system and make recommendations to the Department for improving the system.
(c) Tasks. The State Youth Leadership Council performs the following tasks:
(1)
Makes recommendations to the Department through scheduled meetings based on the availability of the youth or young adults currently [current] or formerly [former] in foster care [youth]; and
(2) Performs other tasks consistent with its purpose.
(d) Reporting requirements and Department action.
(1) The Department will gather information on the State Youth Leadership Council's activities to compile an annual report.
(2) The annual report may guide Department policy and practice.
(e) Membership.
(1) The State Youth Leadership Council consists of no more than 24 members.
(2)
Members for the State Youth Leadership Council are comprised of [recommended by] regional youth leadership group members from both Department regions and Single Source Continuum Contractor catchment areas [councils] , Regional Youth Specialists, Preparation for Adult Living staff, or other individuals familiar with the youth or young adults currently [current] or formerly [former] in foster care [youth].
(3) Membership requirements:
(A)
Members should be chosen so that the statewide council represents all regions of the state including Community Based Care catchment areas. [Two members will be appointed per region if possible].
(B) Members must be youth or young adults who are currently or were formerly in foster care and who are at least age 16 but under the age of 21 when appointed.
(f)
Meetings. The State Youth Leadership Council shall convene at a minimum annually. [will meet a minimum of two times per year.] At least one statewide meeting shall include regional youth leadership group representatives from both Department regions and Single Source Continuum Contractor catchment areas.
(g) Decision-making. The State Youth Leadership Council will make decisions by consensus.
(h)
Abolition. The State Youth Leadership Council is abolished, and this section expires, on August 31, 2036 [2026].
(i) The State Youth Leadership Council is not a "governmental body" for purposes of the Open Meetings Act, Texas Government Code Chapter 551.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 9, 2026.
TRD-202601534
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 945-5978