Informal Public Comment Period About Administrative Reviews and Due Process Hearings

Child Care Regulation invites you to review and provide comments on the potential rule changes. The changes replace Title 40, Chapter 745, Subchapter M, Administrative Reviews and Due Process Hearings. The replacement is new Title 26, Chapter 745, Subchapter M, Administrative Reviews and Due Process Hearings.

The main reason for the rule changes is to continue to implement House Bill 5, 85th Legislature, Regular Session, 2017, directing the Department of Family and Protective Services to become a stand-alone agency separate from the Texas Health and Human Services Commission. As well as moving the rules from Title 40, Part 19 (DFPS) to Title 26 (HHSC), the rules are being updated to:

  • Delete any DFPS responsibilities
  • Be consistent with statutory changes and current practices
  • Clarify the rules for better readability and understanding

This is an informal opportunity to provide comment on the drafted rules early in the rule development process. You will have another chance to comment once the rules are proposed and published in the Texas Register.

The informal comment period for this rule project is March 29 through April 14, 2022.

Send your comments on the potential rule changes by April 14, 2022 to Child Care Regulation by one of the following:

  • E-mail to: HHS Child Care Regulation Rules
  • Mail to: Gerry Williams, Rules Writer (22R084), Child Care Regulation, Texas Health and Human Services Commission E-550, P.O. Box 149030, Austin, Texas 78714-9030.

Include the specific rule number(s) you are commenting on. This will help us understand and appropriately consider your comment.

Access more information about the HHSC rulemaking process and tips for submitting comments on the HHSC website.