Texas Department of Protective and Regulatory Services:
An Inventory of Records at the Texas State Archives, 1992-2000
Overview | ||
| Creator: | Texas. Dept. of Protective and Regulatory Services. | |
| Title: | Records | |
| Dates: | 1992-2000 | |
| Abstract: | Minutes, agenda, printed materials, correspondence, reports, memoranda, computer discs, audiocassette tapes, and presentation materials document meetings and correspondence of the governing board of the Texas Department of Protective and Regulatory Services from its creation in 1992 through 2000. Minutes files frequently contain both brief summaries of minutes and full meeting transcripts, in addition to agenda and meeting supporting documentation. Correspondence passes between board members, agency staff, members of the Legislature, other state and local officials, and members of the public. Subjects addressed by the board include assorted administrative and policy matters, child care and child care licensing, child abuse, foster care, adoption and adoptive homes, abuse of the elderly, and nursing homes and care of the elderly. | |
| Quantity: | 14 cubic ft. | |
| Language | English. | |
Agency History
As a result of the passage of House Bill 7 by the First Called Session of the 72nd Legislature in 1991, mandating a major reorganization of the state's health and human services organizations, all functions, programs, and services related to child protective services, including adoptions and foster care were transferred from the Texas Department of Human Services to the newly created Texas Department of Protective and Regulatory Services (PRS), effective September 1, 1992. By September 1, 1993 the new department also took on the licensing of child center facilities and all adult protective services, including investigations of abuse and neglect within the Texas Department of Mental Health and Mental Retardation (clarified by 1995 legislation) and client services. Abuse and neglect investigations in facilities operated by the Texas Department of Health, however, were transferred to the Department of Humans Services, while the Department of Health retained certain functions (such as licensure and certification) relating to institutions other than long-term care facilities. Thus, the new PRS was charged with protecting children, protecting elderly or disabled adults who live at home or in state facilities, and licensing group day-care homes, day-care centers, and registered family homes. Additionally, legislation passed in 1993 by the 73rd Legislature made PRS responsible for services to runaways and at-risk youth. As a part of the 1991 reorganization, PRS and 10 other agencies were placed under the umbrella of the new Health and Human Services Commission (HHSC). HHSC was to integrate the strategic planning and budget request processes for the states major health and human services agencies.
The governing body of the agency is a six member board appointed by the governor with the advice and consent of the Senate for overlapping 6 year terms. Four of the members must have a demonstrated interest in the services provided by the department while the remaining two must represent the general public. Conflict of interest and lobbyist restrictions apply.
As of 2001, PRS employs some 6,000 people in more than 275 offices across the state to protect the physical safety and emotional well-being of vulnerable citizens of Texas. The Adult Protective Services unit investigates reports of abuse, neglect, and exploitation of elderly people and people with disabilities living at home or in facilities licensed by the Texas Department of Mental Health and Mental Retardation; provides or arranges for protective services, which may include referral to other programs, respite care, guardianship, emergency assistance with food, shelter, and medical care, transportation, counseling, or other remedies; and oversees, monitors, and conducts investigations in facilities regulated by other state agencies. The Child-Care Licensing unit safeguards the basic health, safety, and well-being of Texas children by developing and enforcing minimum standards for child-caring facilities and child-placing agencies; investigates complaints and serious incidents involving day-care and residential-care facilities and, if necessary, takes corrective or adverse action; licenses group day-care homes, day-care centers, and registered family homes, child-placing agencies, and privately- and publicly-owned residential child-care facilities. The Protective Services for Families and Children (later Child Protective Services) unit investigates reports of abuse and neglect of children; places children in foster care; places children in permanent adoptive homes; provides services to help stabilize runaways and at-risk youth; contracts with other agencies to provide clients with specialized services; and provides services to children and families in their own homes. The Community Initiatives for Program Development unit began providing nonresidential services and limited short term residential services for youth in 1993, when these and the runaway hotline were transferred from the Department of Human Services and the Governor's Office, to serve at-risk youth, truants, and runaways. Finally, the Ombudsman's Office, created in 1993, serves as a neutral third party for inquiries related to case-specific complaints and conducts case reviews after administrative reviews of investigative findings have been competed at the regional level.
Additionally, county child welfare boards are entities of the Department of Protective and Regulatory Services for purposes of providing coordinated state and local public welfare services for children and their families and for the coordinated use of federal, state, and local funds for these services. According to Section 264.005 of the Texas Family Code, the commissioners court of a county may appoint a child welfare board for the county. The commissioners court and PRS determine the size of the board and the qualifications of its members. However, a board must have not less than seven and not more than 15 members, and the members must be residents of the county. The members serve at the pleasure of the commissioners court, without compensation, and may be removed by the court for just cause. The members of a county child welfare board select a presiding officer and perform the duties required by the commissioners court and the department to accomplish the purposes of the chapter. A county child welfare board is a governmental unit for the purposes of Chapter 101, Civil Practice and Remedies Code. The commissioners court of a county may appropriate funds from its general fund or any other fund for the administration of its county child welfare board. The court may provide for services to and support of children in need of protection and care without regard to the immigration status of the child or the child's family. PRS may establish and maintain local bank or savings accounts for a child who is under the managing conservatorship of PRS as necessary to administer funds received in trust for or on behalf of the child. Such funds may be used by PRS to support the child, including the payment for foster care expenses, or the payment of a person providing care for the child.
The Texas Department of Human Services' Protective Services area provided protective services for abused and neglected children, families, spouses, and elderly or disabled adults and administered the state's licensing program until August of 1992. The Department of Human Services (DHS) was originally created as the Department of Public Welfare in 1939.
Scope and Contents of the Records
Minutes, agenda, printed materials, organization charts, correspondence, faxes, clippings, reports, proposed strategic plans, budget summaries, memoranda, witness registration cards, computer discs, photographs, audiocassette tapes, and presentation materials document meetings, public hearings, and correspondence of the governing board of the Texas Department of Protective and Regulatory Services from its creation in 1992 through 2000. Minutes files frequently contain both brief summaries of minutes and full meeting transcripts, in addition to agenda and meeting supporting documentation. The board occasionally retired into executive sessions, often regarding personnel and legal issues, but record of these sessions (confidential under Texas Government Code 551, Sections 071-086 and146) has not been included in the minutes or transcripts. Correspondence passes between board members, agency staff, members of the Legislature, other state and local officials, and, occasionally, members of the public involved in client cases. Subjects addressed by the board include assorted administrative and policy matters, employees, budgeting, legislation affecting the agency and its functions, regional and county protective service programs, child care and child care licensing, child abuse, foster care, adoption and adoptive homes, mediation, nursing homes and care of the elderly, abuse of the elderly, home and community based services, and family preservation.
To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.
Organization of the Records | ||
| These records are organized into two series: | ||
| Board minutes and agenda with supporting documentation, 1992-2000, 10 cubic ft. | ||
| Administrative correspondence, 1993-2000, 4 cubic ft. | ||
Restrictions
Restrictions on Access
Files contain the following confidential information and must be reviewed by an archivist prior to use by the public:
- Telephone calling card numbers are confidential according to Section 552.137 of the Public Information Act.
- Names, addresses and other identifying information of individuals using agency services are confidential according to Section 12.003 of the Texas Human Resources Code, stating that except for purposes directly connected with the administration of the department's assistance programs, it is an offense for a person to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of the names of, or any information concerning, persons applying for or receiving assistance if the information is directly or indirectly derived from the records, papers, files, or communications of the department or acquired by employees of the department in the performance of their official duties.
- Names, photographs, and all other information identifying juveniles placed in foster care/protective services are confidential and subject to review according to Section 40.005 of the Texas Human Resources Code, Sections 261.201 and 264.408 of the Texas Family Code, and the Public Information Act, Chapter 552 of the Texas Government Code.
- It may be necessary to review the records for confidential information regarding reporters of abuse in nursing homes according to Section 242.127 of the Texas Health and Safety Code.
- E-mail addresses of members of the public are confidential according to Section 552.137 of the Texas Public Information Act.
- Home addresses of board members and social security numbers of agency employees may be confidential according to Section 552.024 of the Texas Public Information Act.
- Common-law privacy may apply to some correspondence according to Section 552.101 of the Texas Public Information Act.
Restrictions on Use
Where necessary, records will be redacted or restricted to comply with the Public Information Act and/or an Attorney General's decision.
Index Terms | ||
| The terms listed here were used to catalog the records. The terms can be used to find similar or related records. | ||
| Subjects: | ||
| Child welfare boards--Texas. | ||
| Child welfare--Administration of--Texas. | ||
| Foster home care--Texas. | ||
| Child care services--Texas. | ||
| Abused children--Services for--Texas. | ||
| Aged--Abuse of--Texas. | ||
| Aged--Care--Texas. | ||
| Aged--Institutional care--Texas. | ||
| Adoption--Texas. | ||
| Administrative agencies--Texas. | ||
| Social service--Texas. | ||
| Document Types: | ||
| Minutes--Social service--Texas--1992-2000. | ||
| Agendas--Social service--Texas--1992-2000. | ||
| Correspondence--Social service--Texas--1992-2000. | ||
| Reports--Social service--Texas--1992-2000. | ||
| Memorandums--Social service--Texas--1992-2000. | ||
| Audio cassettes--Social service--Texas--1992-2000. | ||
| Floppy discs--Social service--Texas--1992-2000. | ||
| Functions: | ||
| Adminstering child welfare. | ||
| Administering care of the aged. | ||
Related Material
The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive. |
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| Texas State Archives | ||
| Texas Department of Human Services, Child Protective Services, Tyler-Smith County Child Welfare Board Records, 1985-1991, 0.2 cubic ft. | ||
| Texas Department of Human Services, Office of Programs, Services to Families and Children, Protective Services for Children Branch, Records of the CAIIS Project, 1982-1984, 2 cubic ft. | ||
| Texas Department of Human Services, Deputy Commissioner for Programs, Office of Services to Families and Children, Assistant Commissioner for Protective Services, Handbook development materials, 1972-1984, 6 cubic ft. | ||
| Texas Department of Human Services, Executive offices, Central files, 1943-1976, 69 cubic ft. [RESTRICTED] | ||
| Texas Department of Human Services, Protective Services, Texas Council of Child Welfare Boards meeting and correspondence files, 1977-1980, 1 cubic ft. [Unprocessed] | ||
Administrative Information
Preferred Citation
(Identify the item and cite the series), Records, Texas Department of Protective and Regulatory Services. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession number: 2002/081
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Protective and Regulatory Services on December 6, 2001.
Processing Information
Nancy Enneking, December 2001
Detailed Description of the Records