What is Rulemaking?

Rulemaking is the process for developing and issuing rules. The rulemaking process can lead to the issuance of a new rule, an amendment to an existing rule, or the repeal of an existing rule.

Rules describe the procedure/practice of a state agency or other state government entity.  Rules implement or interpret law and/ or prescribe policy. Rules outline policies/practices that impact the public and external stakeholders.

What is the Rulemaking Process for DFPS?Rulemaking Process for DFPS

Step 1: DFPS proposes rules for publication in the Texas Register

Step 2: The proposed rules are open for public comment for at least 30 days.

Step 3: Once the public comment period ends, DFPS prepares the rules for adoption and address comments received from the public.

Step 4: DFPS submits the rules for publication in the Texas Register.

Step 5: The rules are adopted with the effective date.

DFPS Rules

DFPS proposes rules under Human Resources Code §40.027, which requires the DFPS Commissioner to oversee the development of rules relating to matters within DFPS jurisdiction and adopt rules for the operation and provision of services by DFPS. The commissioner publishes DFPS rules in the Texas Register to notify the public and allow the public to review and make comments. The public comment period begins on the date the notice is published in the Texas Register and lasts for at least 30 days. During the time that the proposed rules are published in the Texas Register, DFPS also publishes the rules below on the DFPS website.You can find the current effective rules in the Texas Administrative Code.

Proposed Rules

Rules Project # Subject Section Number(s) Contact Publication Date Comment Period Ends
18R05 Chapter 700. Child Protective Services, Subchapter W. Service Level System, Division 6. Intensive Psychiatric Transition Program §700.2383 and §700.2385 rules@dfps.state.tx.us January 18, 2019 February 17, 2019
18R12 Chapter 735. Independent Court-Ordered Adoption Evaluations §§735.323, 735.325, 735.405 and 732.411 rules@dfps.state.tx.us January 18, 2019 February 17,2019

Adopted Rules

Subject Section Numbers Effective Date
Chapter 700. Child Protective Services, Subchapter A. Administration
Subchapter M. Substitute-Care Services, Division 1. General
Subchapter W. Service Level System, Division 5. Intense Plus Service Level
700.108, 700.110
700.1335, 700.1337
700.2365, 700.2367
September 1, 2017
Chapter 700. Child Protective Services, Subchapter J. Assistance programs for Relatives and Other Caregivers, Division 1. Relative and Other Designated Caregiver Program 700.1003, 700.1005, 700.1007, 700.1009 September 1, 2017