TX
Texas
HIGH PRIORITY
• The previous version focused on child rights protections (§749.1003), while the current version replaces that section with a detailed foster home evaluation and compliance framework (§§749.2801–749.2815) — agencies must now follow a structured, documented process for evaluating foster homes.
• Foster homes must be evaluated for compliance with all applicable rules on a mandatory two-year cycle, and also whenever there is an allegation of deficiency, a major life change, a change in verification conditions, or a family violence report — these are now explicitly enumerated triggers requiring documented action.
• When deficiencies are found, agencies must produce a written compliance plan that specifies corrective actions, timelines, consequences for non-compliance, and decisions about whether current or new child placements can continue during the correction period — this is a new, concrete documentation requirement.
• Verification certificates automatically become invalid when household changes occur (marriage, divorce, death, address change, etc.) or when a time-limited verification expires — agencies must issue new or temporary certificates promptly to avoid operating with an invalid verification.
• Follow-up after deficiencies is now a formal requirement: agencies must either re-inspect the home or obtain written documentation confirming all deficiencies are corrected, and must record that confirmation in the foster home's file.
IN
Indiana
The two versions provided are substantively identical in all content, definitions, and requirements; the only detectable difference is the removal of "IC 12-7-2" from the "Affected" statutory citations in Rule 1 (440 IAC 4.3-1-1), which reflects a housekeeping update to the legal authority footnote and has no practical impact on facility operations, documentation, or compliance obligations.
AMENDED
440 IAC 4.4 ↗
DETOX
OTP
OUTPATIENT
SUD_IOP
SUD_RESIDENTIAL
• A statutory sunset notice has been added to Rule 1's header, flagging that IC 12-7-2 — the Indiana Code chapter that defines key terms like "alcohol abuser" and "drug abuser" referenced in this article — will be **repealed effective July 1, 2026** by P.L. 145-2026, Section 62.
• No definitions or operational requirements changed in this update; the substantive text of both Rule 1 and Rule 2 is identical to the previous version.
• **Practical impact:** Compliance staff should calendar July 1, 2026 as a watch date. Once IC 12-7-2 is repealed, the statutory authority underlying several definitions in this article (including "alcohol abuser" and "drug abuser") will no longer exist, which could affect how the division interprets or enforces those terms — and may trigger a follow-on rulemaking to update 440 IAC 4.4 itself.
• No immediate changes to certification requirements, documentation practices, staffing, or program operations are required at this time.
• The only substantive change is the addition of a legislative note in Section 1(b)(7) flagging that IC 12-7-2 — the statute defining "developmental disability" used in that exclusion — will be **repealed effective July 1, 2026**. The exclusion itself remains in place for now.
• The "Affected" statutes listed in Section 1 also had IC 12-7-2-61 removed from the citation list, reflecting the same upcoming repeal.
• No other requirements, definitions, timelines, or exclusions changed.
• **Practical impact:** No immediate operational changes are required, but facilities should flag July 1, 2026 on their compliance calendar. After that date, the statutory basis for excluding individuals with developmental disabilities from this rule's coverage may need to be re-evaluated, and the regulation itself will likely require amendment. Watch for a follow-up rulemaking from the Division of Mental Health and Addiction before that date.
• The only substantive change is the addition of a legislative sunset notice on every section in Rule 1: Indiana Code 12-7-2 — the statutory definitions chapter that this entire article references — has been repealed by P.L. 145-2026, effective July 1, 2026.
• No rule text, definitions, or requirements were changed in this update; the definitions for certification, CMHC, continuum of care, eligible individual, enrolled individual, managed care provider, and all others remain word-for-word identical.
• **Practical impact:** Beginning July 1, 2026, the statutory foundation (IC 12-7-2) underlying these definitions will no longer exist. Facilities should watch for follow-up rulemaking that either replaces these definitions with updated statutory references or rewrites the rule entirely — and should not assume the current definitions will remain legally operative after that date.
• **Action item now:** Flag this for your compliance calendar. If no replacement regulation has been issued by early 2026, contact the Division of Mental Health and Addiction to confirm how definitions under 440 IAC 8 will be interpreted after the repeal takes effect.
Based on the text provided, the previous and current versions of 440 IAC 10, Rule 1 (Definitions) appear identical in structure, section numbering, and substantive content — no definitions were added, removed, or modified in the portions visible for comparison.
• The only substantive change is the addition of a legislative notice on every section in Rule 1: IC 12-7-2 — the Indiana statutory definitions chapter that this entire article references — has been repealed by P.L. 145-2026, effective July 1, 2026.
• The regulation text itself (all definitions) is unchanged for now, but the statutory foundation it relies on will disappear on July 1, 2026, which means the definitions in this article may become legally unsupported after that date.
• Practical impact: Compliance staff should flag July 1, 2026 as a critical date. If the Division does not update or replace 440 IAC 8 before then, there is a risk that key terms used in your contracts, certifications, and service documentation (e.g., "eligible individual," "enrolled individual," "continuum of care") will no longer have a valid statutory anchor.
• Begin monitoring for a replacement or amended version of 440 IAC 8 from the Division of Mental Health and Addiction, and watch for any guidance on how the repeal of IC 12-7-2 will affect existing provider agreements and CMHC certifications.
Based on the text provided, the previous and current versions of 440 IAC 10, Rule 1 (Definitions) are identical in structure, section numbering, and substantive content — no definitions were added, removed, or modified in the portions available for comparison.