TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 702. GENERAL ADMINISTRATION

SUBCHAPTER F. ADVISORY COMMITTEES

The Department of Family and Protective Services (DFPS) adopts the amended rule §702.501, the repealed §702.507 and §702.509 rules, and the new rule §702.517, in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Department of Family Protective Services' Advisory Committees. The proposal was published in the May 1, 2026, issue of the Texas Register (51 TexReg 2887). The amended, repealed, and new rules are adopted without changes to the proposed text and will not be republished.

BACKGROUND AND JUSTIFICATION

The amended, repealed, and new rules aim to establish a new advisory committee, Partners for Children and Families (PCFC); repeal two existing advisory committees, the Committee on Advancing Residential Practices (CARP) and Public Privacy Partnership (PPP); and make minor clarifying changes to general provisions about advisory committees not being governmental bodies as defined by Chapter 551 of the Governmental Code.

COMMENTS

The 30-day comment period ended May 31, 2026. During this period, DFPS received comments from 2 commenters: Texas Alliance of Child and Family Services and Amanda Boyd, Executive Director of The Sanctuary Foster Care Services. A summary of comments relating to the rules and DFPS's responses follows.

Comment: The Texas Alliance of Child and Family Services commented as follows:

Section 702.517 Partners for Children and Families (PCFC):

- For subsection (b), although adult protection is a critical role of DFPS, there is a lack of clarity regarding how "related systems of adult protection" fit into the purpose of the PCFC. Suggest defining "related systems of adult protection", especially as "related systems of adult protection" are not included elsewhere in the proposed rules and it is unclear how "related systems of adult protection" should be included in recommendations to the department regarding the evolution of the child protection system to its model of Community-Based Care and the child protection system at large. Also, the proposed language regarding PCFC membership does not explicitly include representatives from "related systems of adult protection".

- For subsection (g)(3), suggest specifically adding parents with living experience with the child protection system in the list of individuals who may be members to elevate the importance of including these voices in shaping policy and practice improvements.

- For subsection (g)(3)(E), suggest adding "adoptive parents".

- For subsection (g), suggest including a youth formerly in foster care as a mandatory PCFC member to ensure this perspective is always included in discussions regarding policy and practice improvements.

- For subsection (m), suggest adding language that would require the bylaws to include provisions for member recusal and replacement and to designate who holds accountability for ensuring PCFC members and subcommittee members adhere to attendance and participation requirements.

Response: DFPS appreciates the comments but declines to revise the rule in response to these comments. DFPS recognizes the importance of including varied perspectives. Section 702.517(g)(2) provides that the DFPS Review Committee will recommend a committee of stakeholders with varying interests. Discretionary appointments allow the Commissioner to appoint a balanced committee. Also, section 702.517(g) provides that membership "may include" individuals from the listed stakeholder categories including former foster youth, foster parents and kinship parents, child welfare advocacy groups, and other child welfare stakeholders as determined by the Commissioner. The list is permissive and inclusive, not exclusive. Government Code section 311.005(13) provides that 'includes' and 'including' are terms of enlargement and not limitation. Therefore, the rule allows the Commissioner to consider adoptive and biological parents with lived experience as well as former foster youth when making appointments to the PCFC. In fact, former foster youth are already identified as a category of individuals who may serve on the PCFC.

Section 702.517(m) requires the PCFC to adopt bylaws to "further govern PCFC practices, including but not limited to, attendance requirements, meeting notices, subcommittees, recommendations, conflicts of interest and administration." The bylaws are the appropriate place to address procedural matters such as these. The rule allows the PCFC to govern its practices and accountability through bylaws which are deliberated upon and adopted by the committee. This provides the PCFC with flexibility to establish procedures that support the committee's work and address self-governance issues. Furthermore, section 702.517(h) requires members "be willing to devote the time necessary to attend and participate in meetings" and section 707.517(i)(3) provides that "members serve at the pleasure of the DFPS Commissioner."

The PCFC's primary advisory role is to study and make recommendations to DFPS regarding the evolution of the child protection system to Community Based Care and the child protection system at large. The phrase 'related systems of adult protection' is intended to recognize that issues affecting children and families may intersect with adult protection related issues. One of the PCFC's tasks is to seek and receive public comment on proposed rules, make recommendations, and perform other tasks consistent with its purpose. Because DFPS proposed rules may involve or affect more than one DFPS program, including that of adult protective services, the reference to related systems of adult protection is appropriate. The phrase is only used in the purpose statement and does not create a separate task or duty for the PCFC.

Comment: Amanda Boyd, Executive Director of The Sanctuary Foster Care Services commented as follows:

I think they should add a biological parent that has interacted with the department and adoptive parents as possible members for the committee. With given the recent testimony from Velentino a former foster youth at the last two meetings, I am wondering if a former foster youth should be a mandatory appointment to the committee.

With the importance of the committee and its purpose, what do the by-laws say would constitute a member being recused from the committee and replaced? Who holds accountability to the by-laws for attendance and participation requirements.

40 TAC §702.501

STATUTORY AUTHORITY

Texas Human Resources Code Section 40.030 allows the DFPS commissioner or the commissioner's designee to appoint advisory committees in accordance with Chapter 2110, Texas Government Code. Chapter 2110 of the Government Code requires the commissioner to adopt rules when establishing advisory committees.

The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 1, 2026.

TRD-202602704

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: July 21, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 945-5978

40 TAC §702.507, §702.509

The repealed rules are adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 1, 2026.

TRD-202602705

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: July 21, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 945-5978

40 TAC §702.517

The new rule is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 1, 2026.

TRD-202602706

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: July 21, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 945-5978