oRDF_f7 ivo. ~1a~i
('iF'1='RCiVi!L_ Of= Gt]NTf1f-a CJ I" WT.I'H THE. TEXAf:~
DEPARTMENT OF f='RCII"ECl'IVE AIVD RECaUL.f1TORY SERVICE=
AND AUTHORI7_R-t I0N OF:' THE COUNTY J'UD[3E: SIGNATURE
On ~tL-,.i~a the 1:;~th day 41= April. 1993 !:j::;or; motion made L-y
Comma=.sioner Hol.ekamp, =.econded by Cemmissi.oner~• Dickey, tF'ie
C;.;~_rr•t- unaniaously approved by a vote of 4-0-0, to approve tl-.e
contrata witl-; thrr Texas I)ej.-,ar•tment of 1='roterrtive anr.J
Reg~.rl;atory Service and a~_rtr-,or•izc the Cn~..ir,ty .7,_rdye to siyr; tt,e
s~.ihmitted contract presented to 'the Co~_n^t.
COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FiVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Simon Harris
MEETING DATE: April 13, 1993
OFFICE: Juvenile Probation
TIME PREFERRED:
SUBJECT:	(PLEASE BE SPECIFIC)	Consider	approving	contract with the	Texas
Department	of Protective and Regulatory	Service and	authorize	the County Judge	to sign
same.
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: county Judge E
Time for submitting this request for Court to assure that the matter is posted 1n accordance
with Article 6252-17 1s as follows:
* Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON
All Agenda Requests will be screened by the County Judge's Office to determine If
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
COUNTY ATTORNEY
COUNTY OF KERB
STATE OF TEXAS
DAVID MonEr, coamy nanmryy
$iAN REID, Auiavia Cumry Avromcy
(LSE D BAIIPY, Avinmo County Aaomcy
TO: William Stacy, County Judge
FROM: David Motley, County Attorney
DATE: March 23, 1993
RE: Amendment to Child Welfare Contract
XEEE couNTr couErllouse
]00 EAST MAIN STREET
KERRVIDE, TEAS ]9039-5334
TEL. (310) 8965338
FAX gi0) 896-]380
I have reviewed the changes to the referenced contract
suggested by the Texas Department of Protective & Regulatory
Services, and do not find anything in the proposed changes that are
problematic. We are required by federal law to comply with these
provisions already, so the amendments do not increase our
responsibilities in any way.
If the Commissioners' Court votes to approve the changes, I
would not recommend against signing the amendment document.
TEXAS DEPARTMENT QF PROTECTIVE
AND RE~uLATORY SERVICES
INTERIM
EXECUTIVE DIRECTOR
Camille D. Miller
March 8, 1993
CHILD PROTECTIVE SERVICES
819 Water Street Suite 230
Kerrville, Texas 78028
512/792-4303
BOARD MEMBERS
Susan Stahl
Chairperson, Dallas
Jean P IIcaumon[
Bryan
Frank Davila II
San Antonio
Gabrielle K McDonald
Austin
Kerr County Judge Bill Stacy
Kerr County Courthouse
Kerrville, Texas 78028
Dear Judge Stacy,
Macunda Rrown O'Connor
Houston
Bill Shcchan
Dmnas
I have recently been notified that the Child welfare Contract
between Kerr County and the Texas Department of Protective and
Regulatory Services (formerly the Texas Department of Human
Services) is not in compliance with federal regulations,
pertaining to the Americans with Disabilities Act. I have
drafted an amendment to the contract which includes the required
information, as well as assignment of the Texas Department of
Protective and Regulatory Services.
Please review the amendment and return it in the enclosed
envelope. Upon signature of the Regional Director, I will
forward your copy. If you have any questions, please feel free
to contact me at 210/792-4303. Thank you for your prompt
attention to this matter.
Sincerely,

Pamela K. Traver
Child Protective Services
Supervisor II
cc: Michelle Huels, Program Manager
attachments: Contract
Amendment
Envelope

~ ~~-
~~\ /
5~~
John H. Winters Human Services Center • 7i
Central Office Mailing Address P.O. Box 149030 Austin, Texas 78714-9030
Telephone~512~450-4800
AMENDMENT
TO THE
CHILD WELFARE CONTRACT
Between
TEXAS DEPARTMENT OF HUMAN SERVICES
and
KERB COUNTY
The Texas Department of Human Services (hereinafter called the
Department) and Kerr County, Texas (hereinafter called the County)
entered into a child welfare contract effective on 04-09-87, under
which a child welfare program is jointly administered by the County
and the Department, primarily through the Child Welfare Board
established by the County. The Department and the County mutually
agree to amend such contract as set out below.
I.
On September 1, 1992, this contract shall be assigned by the
Department to the Texas Department of Protective and Regulatory
Services, without the necessity for any further notice or contract
amendment. As of that date, all references to the Department or to
the Texas Department of Human Services shall be deemed reference to
the Texas Department of Protective and Regulatory Services.
II.
The County shall comply with Title VI of the Civil Rights Act of
1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of
1973 (Public Law 93-112), The Americans with Disabilities Act of
1990 (Public Law 101-336), and all amendments to each, and all
requirements imposed by the regulations issued pursuant to these
acts. In addition, the County agrees to comply with Title 40,
Chapter 73 of the Texas Administrative Code. These provide in part
that no persons in the United States shall, on the grounds of race,
color, national origin, sex, age, disability, political beliefs or
religion be excluded from participating in, or denied, any aid,
care, service or other benefits provided by federal and/or state
funding, or otherwise be subjected to discrimination.
III.
The County shall comply with Health and Safety Code Section 85.113
(relating to workplace and confidentiality guidelines regarding
AIDS and HIV).
~~
COUNTY JUDGE
ROSE ORSBORN
REGIONAL DIRECTOR
TDPRS
~ n
,. ,. , J
{~.t~
~ CNCON-CTY;CTY.87-3%GEK/sgp/x/9/87 m I' '~r D U
• STATE OF TEXAS
1
COUNTY O KERR )
CHILD WELFARE CONTNACT
"' The Texas Department of Numan Services, hereinafter referred
• to as the Department, and the Commise]oners Court of Kerr County.
Texas, hereinafter refered to as the County, do hereby make and
enter into this contract to establish a county-wide, jointly
financed, state administered, and regionally operated child
welfare program as set forth below to meet the needs of children
in the County who are in need of protection. The Department and
the County agree that the child welfare program shall be neither
a probation nor a general relief program and the Department's
child welfare statf, hereinafter referred to as the Staff, shall
not br Iona idered a part of law enforcement.
' Tlie Department and the County enter Snto this contract under
the authority of Title IV of the Social Security Act, as amended,
wbich authorizes the federal government to expand the child
welfare program and which has made available federal funds to
ens hJe the Department to extend Sts child welfare program.
Further, the Human Resources Code designates the Department as
the state agency to cooperate wSh the federal government in the
administration of the provisions of Title IV of the Social
Security Act, as amended, and to cooperate with the appropriate
department of the federal government and with other departments
of the state and local governments Sn the adminSatratSon of such
provisions; and under the authority of Section 61.002, Human
Nesources Code; which au U+or]zes the Department to enter into
contracts with counties for the extension of the foster care
r
/' program to certain children ineligible for AFDC foster care or
state-oa id foster care.
I1.
The County agrees:
A. To appoint a Child welfare Board, hereinafter referred
to as [he Board, as set out Sn Article III of this contract.
A. Tn establish and mainta]n, pursuant to Its
1
_ ~ ^


1
t t A
11
CWCON-CTY/CTY.87-3iGEK%sgp/4/9/87
reepons1b111ty for the support and aalntenance of indigent
children under Tex.Rev.Clv.Siat.Ann., Art. 2331, Section it
(Paupers), funding which will pay the coat of board and care for
children up to 18 years of age who, (1) are Sn need of protective
care, and )ii) qualify for County support under 7ex.Rev.Clv.Stat.
Art. 2351, Section 11, and (111) are under the conservatorship of
the department. The children for whom such fund Sng will be
expended shall meet the requirements set out above and shall be
placed 1n one or more of the following classes:
1) Children who are not eligible for AFDC foster care or
state-paid foster care.
2) Children who are not eligible for Medicaid.
3) Children who are e]ig]b]e for either AFDC foster care
or state-paid foster care or both.
41 Children who are eligible for Medlcald.
Expenditures made for foster care by the County for a child
who 75 ineligible for AFDC footer care or state-paid foster care
can not be less than expenditures made for foster care services
for a child by AFDC foster care or state-paid foster care for the
same service.
Expenditures made for medical care services by the County
for a child who Ss 1ne11g1b1e for Medicaid cannot be less than
expenditures made for medical care for a child by Medlcald for
/ the same services.
C. To provide funds for the child-care services listed in
Exhibit "A" which are in addition to the obligations of the
county set out he reinabove. Exhibit "A", attached hereto, lists
the specific child-care services and/or facilities which [he
r" County agrees to provide including obi igatlons of the County set
out herelnabove, and Ss incorporated Into this contract in its
entirety by specific reference. Any changes, modifications or
amendments thereto must be made with the prior written approval
of the County and the Department.
D. None of the monies provided to the Department pursuant
2
.~

t
i 1 1
I t ~
1` .
CWCON-CTY/CTY.87-3/GEK/aqp/x/9/87
to the terms of this contract shall be federal funds, either
directly or indirectly, and County further agrees that such
monies have not been used to secure federal matching funds
~~ previously. Revenue sharing funds may be used by County to meet
its obllgat ion herein.
E. To ma ilttain and retain fiscal records adequate to assure
that claims for federal and state funds are Sn accord with
applicable requirements.
Said fiscal records shall be maintained and retained by the
County for a period of three (3) years and ninety (90) days after
the date of the end of the federal fiscal year in which the
transaction occurred.
In the event that an audit by or on behalf of the U. S.
Department of Health and Human Services occurs, fiscal records
will be retained until t}ie resolution of audit questions.
F. Tlie County agrees to maintain its total net budget
appropriation for obligations of [he County found herein for any
future fiscal year at: _
1) the ]eve] of the County's budget appropriation to meet
County's obligations hereunder for the fiscal year
preceeding the signing of this contract, or
21 the County's actual expenditures for the County's
obligations hereunder for the fiscal year preceeding
the next succeeding budget year,
whichever is less.
G. The tots] of the expenditures to be made hereunder will
be limited to the approved fiscal year budget appropriation for
the items outlined above, unless prior approval from the
~-, Commissions rs Court Ss obtained. ~ ~
III.
The Board, required under Article II, Section A of this
.\
contract will consist of seven to fifteen persons appointed by
Use Cominlssloners Court. Each member of the Board will serve a
three year term nn a rotat]ng basis. The County shall snit]ally
appoint one-third 11'3) of the mein hers of the Board for a one (1)

~ t' i ~ ~
1 4
1 r1 ~
t`

CWCON-CTY/CTY.87-3/GEK/sgp/x/9/87
year [erm, one-third (1/3) for a two year term and one-third
(1/3) for a threw year term. Ninety days prior to the expiration
of any member's term, the Commissioners Court will be not]f ied in
writing by the Board of the name of any member whose term is
expiring anr] the date on which said term will expire. The
Commissioners Court shall appoint the successor member within
thirty (30) days prior to said expiration date. Nothing herein
shall prevent board members from serving successive terms.
The Board shall have and exercise such lawtu] authority,
duties and responsibilities as may be lawfully conferred upon it
by statute, the Department and the County. The Department and
[he County agree that the Board will have, at a minimum, the
following duties:
]. Raise and expend tunds for child welfare purposes.
.. Explain [tre child welfare program and needs to the
community and explain [o Department staff the commun]ty's
conditions and attitudes on policy, services, and priorities.
3. Coordinate the development of local agreements as needed
with other community agencies serving children, such as juvenile
probation, MlI, MR, school boards, hospital boards, family service
and child guidance agencies, and licensed child-caring and ch11d-
placing agencies.
4. Develop policy, consl5tent with Department policy and
requirements set out in this contract, related to the expenditure
of County funds. Such policies, to be In writing and approved by
the County.
5. Authorize admin]sirative staff of the Department to
expend County funds for purposes for which appropriated subject,
i- however, to delegation by Covnty au thor]ty to authorize the
expendiiure of such funds.
6. Authorize adm]nistratlve staff of the Department to
expend any other funds under control of the Board (Board funds)
for child welfare purposes in accordance with the policies,
duties and authority of the Board.
4

"~-~-.. t
1 l
t _1 ,
L 1 ~
IL
CWCON-CTY/CTY.87-3/GEK/sqp/d/9/B7
7. Review nn a monthly belie:
11 receipts for expenditures for child welfare for which
reimbursement ]s requested,
21 bills for child welfare expenses for which payment Ss
• requev te•d.
To the extent Board funds are available, the Board will pay such
bills or make such reimbursement, provided however, the Board
shall not be required to pay bills or make reimbursement for
Items .'or which the County may obtain reimbursement from AFllC,
state paid foster care or Medicaid. Nothing herein shall prevent
the Board from paying bills or making reimbursements for Items
for which the County may obtain reimbursement from AFDC, state
f paid foster care or Medicaid, if such funds are available.
e. A]1 hills or requests for reimbursement which are not
paid by the Board shall be immediately forwarded to the Auditor
after Board review. The Auditor shall:
1) review and approve a]] bills and reimbursement requests
which are obligations of County under the terms of this
contract.
2) submit al] approved ]terns to the County Commissioners
Court for payment authorization.
;a) certify vouchers for payments made by County which are
to be reimbursed to County by AFDC foster care, state
paid foster care or Medicaid.
d) return to Department for reimbursement:
A) cert]tied vouchers
B) a statement in the format prescr]bed by the
Department which meets Department regulations for
~ children eligible for AFDC foster care, state-paid
foster care or Medicaid reimbursement fo County.
IV.
The Department agrees:
A. To provide Title XIX Medicaid coverage within the
amount, duration, and scope of the Medicaid program as available
to the De partmrnt, fur any child who is eligible for Medlcald
5

__ \
1 - ~
!-.... ~ - -- _ r - -
1		
	i ~	,
~ ~		
.	,
~`	
i


CWCON-CTY; CTY.Bl-3/GEKi9gp/{/9/87
Denetlts.
B. 7o provide and admin]eter state and/or federally funded
financial benefits for eligible children receiving services
contemplated by thle contract, including but not 1]mited to, AFDC
foster care, state-paid foster care and Medicaid.
C. To reimburse the County by payment to the County for
reimbursable AFDC foster care, state-paid foster care, Medicaid
and any other reimbursable payments made by the County for Lhose
children certified as eligible for such reimbursement. Upon
receipt of a verified voucher from the County in accordance with
the fiscal procedures of the Department, reimbursement will be
made to the County for payments made by the County 7n the
preceding month, which are eligible for reimbursement. The
Uepar[menf agrees to reimburse the County after the effective
date of this contract on a month-to-month basis with adjustments
for overpayments or underpayments made for previous months.
D. To reimburse the Board by payment to the Board for
reimbursable AFDC-foster care, state-paid foster care, Medicaid
and other reimbursable payments made by the Board for those
ch]]dren certif Sed as e]]gihle for such reimbursement. Upon
receipt of a verified voucher from the Boatd Sn accordance with
the fiscal procedures of the Department, reimbursement will be
made to the Board for payments made by the Board Sn the
preceeding month, which are eligible for reimbursement. The
Department agrees to reimburse the Board after the effective date
of this contract nn a month-to-month basis with adjustments for
overpayments or underpayments made for previous months.
E. To provide and administer ch]]d welfare earned funds and
other funds for special projects based on the availability of the
funds, the statewide need, and the state and federal policies
regarding the use of these funds.
r. 7o receive and expend ch]]dren's personal funds (SSI,
SSA, child suppnrt, etc.), to accordance with the needs of each
rh]]d and on authorization of the Hoard.
6
_ ~
1 ~ _ ~.
.\
1
,.. ,
t ,.
t` .
CWCON-CTY/CTY.B1-3/GEK/egp/4/4/81
G. To provide for She County's use forme for fSnanclel and
statistics reporting required under the terms of this contrac<.
H. To the extent federal funding Ss ava]]able, the
"~ Department agrees to reimburse the County for up to one-half the
cost of legal representation of those children residing 1n the
County, !n fhe suits brought by the Department In which the
Department is seeking conservatorship. Provided, however, that
such reimbursement by the Department shall not exceed any dollar
amount limit set for that tisca] year.
V.
The parties mutually agree:
A. That this mutually undertaken "child welfare program"
must meet state licensing and/or certif Scation standards for
child-caring and child-placing activities as a condition to
continuation of this contract.
B. That there shall be no discrlmSnation in employment,.
service, or dismissal because of race, color, religion, sex, or
national origin. The Federal Civ]] R]ghts Act of 1964, as
amended, Tex.Riv.Civ.Stat.Ann., Art. 6252-16, as amended,
F.x ecutive Order Nu. 1]246 entltied "Equal Employment Opportunity"
as supplemented in 41 CFR, Part 60, and the Rehabilitation Act of
_ 1473, Section 5U4, shall be complied with in al] respects.
C. That there shall be an annual review of this contract
~ conducted jointly by She County and the Department Sn order to
evaluate the program and consider any appropriate changes. A
written report of the findings of the annual contract review
shall bN Fire parrd, and formally approved by the County and the
a Pprup riate Ue pa rtment regional administrator, to include annual
budget approval. ~ 1
D. Thai the term of this contract shall be for a per]od
beginning on the effective date and will terminate at such time
. \
as the federal, state, or county governments cease to participate
in the program, by mutual consent of all parties hereto, or upon
breach of the contract by one of fire parties hereto. If mutual
consent cannot he aTtained, either party to fhls contract may
7
' ~
i i
,. ,
.~
tti
CWCON-CTY/CTY.B7-3/GEK/sqp/~/9/a7
consider 1t canceled by giving thirty 13D) days' noif ce Sn
writing to the other party, and this contract shall thereupon be
.. canceled upon the expiration of such thirty (30) day period. It
1s further agreed and undere tood that !n the event the federal or
state laws or other requirements ahottld be amended or judicially
Interpreted so as to render fulfilment of this contract on the
part of either party unf easlble or Impossible or Sf the
Department and the County should be unable to agree upon
moditylny amendments which would be needed to enable substantial
r„ntinuatlun of the program as a result of such amendments or
judicial interpretations, then, and in that event, the
Department and the County shall be discharged from further
( obligation rreatnd tinder the terms of this contract, except far
rite equitable settlement of the respective accrued interest or
obligation incurred ^p to [he date of termination.
E. Tltat tltls contract shall constitute the entire agreement
of the County and [he Department, and supersedes any other
agreement(s), contract(s), or amendment(s) whether formal or
Informs], which have been previously entered Snto by and between
the County and the Department relating to the services covered
under Utis contract.
For the faithful performance of the terms of this contract,
the parties hereto, Sn their capacities as stated, affix their
signatures and bind themselves effective the _________ day of
1987.
TEXAS DEPARTMENT OF HUMAN SEKVICES
BY _____.__________._. __ __..__ _.__.__
Commissioner ~
KE COU Y, TE S
BY
Couni~ Jud e
e

~~ gyp, 21395
ApFR~ D OED ~ ~ tS
`Z`~'~'' rOR`Z Sit 3 JUG
~°~~~ ~ m~
sz~`'~
Apxil 13r 1993
Vol T, Page 17