TITLE 40. SOCIAL SERVICES AND ASSISTANCE

DIVISION 2. ALTERNATIVE RESPONSE

40 TAC §§707.549, 707.551, 707.553, 707.555, 707.557, 707.559, 707.561, 707.563, 707.565, 707.567

The Department of Family and Protective Services (DFPS) adopts the repeal of the rules in Title 40, Texas Administrative Code (TAC), Chapter 707, Subchapter A, Division 2 relating to alternative response. The repeals are adopted without changes to the proposal in the September 19, 2025 issue of the Texas Register (49 TexReg 3185). The rules will not be republished.

BACKGROUND AND JUSTIFICATION

In 2005, Senate Bill 6 of the 79th regular legislative session, authorized the department to create a "flexible response system" to handle reports of abuse and neglect where a child's safety could be assured so that children would remain in their home with services. The department referred to this system as "Alternative Response." The rules that were promulgated for Alternative Response assisted in the its implementation. However, after ten years of implementation, DFPS no longer needs these rules and they now pose barriers to the creation of further flexibility in the system. For those reasons, the department seeks to repeal these rules.

COMMENTS

The 30-day comment period ended October 19, 2025. During this period, DFPS did not receive any comments regarding the repealed rules.

STATUTORY AUTHORITY

The repeal is authorized by Texas Family Code section 261.3015.

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 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 October 21, 2025.

TRD-202503796

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: November 10, 2025

Proposal publication date: September 19, 2025

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

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