CIRIJEK hiD. L.:.36.::;V~
41F'F'RD~JWL DF C:HILLf WEL.FFIRE BDARI'i CDh~TRFiC T
Dn this the 7th day oi= i3ctober 19`36, +_ipon motior; made b~.~
Commissioner-• t-Iolekamp, seco~;ded by CommissiOl;ef- Cletllef', tt;e
Co+..~rt unanimously approved by a vote of S-@-Q~, the Ct;ild
Welfare Board Contract between tl-,e State of Texas and Kerr-
Co+.rT;ty and sign s~{me.
Inn-Financial Agreement
91t2~1i 19~~6
CDC.~h1TY DF t;FRR
t~H T L_D WCLFF'iRF BDFiRU CDtd"f RACT
Contract No. k'~B--I~:ER-9r-~~1
I.
The Texas Department oi= Protective and Reg+_~latary ~er-•vices,
formerly known as the l'•exas DeF,ar~~tment of P+_~hl ic• Welfare
and/or Texas Department of I-i+_~man Reso+_sr~ces and/or~ the Texas
Department of H+_iman Services, t;e•r-•einafter~ r-•efer~red tr_~ as tt;e
Department, and the Commissioners' Ca~.trt of I:err Ca+..inty,
her-•eiT;after referred to as the Cci+_~r;ty, initiated a cont•~act
ei=i=ective September 1, 1996, to establish a child v~ielfar~e
board contr-~{ct to adnilillstf?r~ ea co+_~nty wide, .jointly financed,
state administered ar,d regionally operated child welfcif'e
program to meet the need of childr-•en it; the co+_tnty in need of
p~~otective services. This contract has contin+_~ed wits:o+_~t a
br-~eak +_~nt i 1 pr-•esent.
Witt••~ this doc•+_tme~;t, trie Texas Depar-~tment of Protective and
Reg,_tlatory Services and the Co+_~nty agree to contin+_se the
child welfare boar-~d and r-~evise t:he contract to change the
contract n+_tmber and +-.update terminology. This contract is
entered into +_~nder~ the <~+_~thc;r••ity of S4k~. ~y~8 of the H+_tman
Reso+_~rces Code and i s not an agr^eement +_~nder~ C{-~. 7.71 cif the
CaverrlmEint Gode.
II.
The l.~o+_~nty agrees:
A. To cor;tin+_~e a Child Welfare Boar--d, her=e~.nafter" r-eter r-ed to
as the Board, as set o+_it by stat+_itE= in •The Texas Family Code
5:::64. ~4~5.
B. That the E+aard will consist a1= not less tl-,an seven nor' more
ttian fifteen per-sans appointed by tt-,e Cat_~nty Commissioners'
Ca~_~rt. Each member wi 13 serve ~-~ thr-•EyE}-yEyar term on t, •ratat my
basis. In itial].y, the appointees will tre designated to serve
the fallowing termsc ii.?, of the members appainteci to
tt-~r~ee-year--: 1/.:; of the Tc+ember-•s to a two-year ter•mgarid 1/~ of
thE? member's t0 c"i aTle-yectr tF?r'In. ITl 5l.tCC:•e5~s1Vf? 'lec'~r"S, t'r'am tINO
to five new members will be appoiT-~ted. Members sha{11 serve at
tt~E? pleast.ir-e of the CommisslanersR Ca~_Tr-•t. Members serve
witho~_~t compensation.
C. To cantint_te to provide adequate f~_TndiTig for-• the car-•e of
any child in need of protective placement who is ~_~nder-• the
cc,nservatorship of the Depar-•tment, and wt-,a is ineligible for
TitlE? IV-E Faster care or state--paid fa<.ater care and~'or~
Medicaid.
D. "fo provide adeq~_~ate f~_tnds for• medical ca•~•e not saver-•ed by
•]"itle XIX (Medicaid? and for children not Medicaid3 eligible.
III.
The Poard req~_iired ,_inder Article II, Section A, of this
c•antr-~act steal]. have aT~d exercise s,_ict-T lawf~_~l a~_itharity, d~_cties
and responsibilities as canferr-~ed ,_~pon it by stat~_~te, tt~e
Department and tl-re Ca,_lnty. The lleE,ar-•tment and the Ca~_~nty agree
that the Paard will Have the following d~..~tie=.o
A. Serve in an advisory capscc•ity to the ca~_tnty in the
development oi= local policy to meet the needs of the ct-,ildren
in Kerr Cat_~nty caver--ed ~_-nder-• tt-,is contr-•act.
Contract I'J~_Tmber ~`~t3-I'EI~--~ ~'-~i1
Page 1
Plan-Financial i=agreement
9/aZ1f56
IV.
The Department agrees:
A. To 5E?ESf•< Title XIX I'+fedicatid cover-•age within the amaF_,Tit,
d~_iratian, and scope of the Medicaid pragr^am as defined try the
state agency respoT•rsible far administration of tF',ese f~_inds,
far any child eli3ible for l°itle IV-E t=aster care ar
state-paid foster c•ar-•e and who is eligible far Medicaid
benefits.
:Ei. "('a receive and exF-rend ct•7i}.dreTi's personal f~_~nds 4SSI, SSA,
child s~_ippart, etc. 7, in accordance with the needs of ear_h
child and state and feder--al laws and r-•eg~Tlations~ far
children in the Depar--tmeT'rt's con~:er--vGitor-•st•rip.
t.1.
l"he p'ar••ties m~..tt~..t~tlly aq_ree:
H. That this rn;_tt~_tally ~_tnder~taken child welfare pr-•ogr~-~,m m~_ist
meet state licensinr~ and/or r_er~tificatinn standards for
child-car-•ii-,g z+nd ct-,ild-placing activities as a conditior; to
c~nntin~_tation of this contract.
P. To comply with Tit 1. ea VI of ttie Civil flights Act of 1964
R~_tbl is L.aw t~~3•--35...} , Sect i nn ~4 of the f~ehatai 1 itat i on Act of
x.973 (F~'~_~bl is Law 93--11c_'} , "the Americans with Di sabz l at i es Act:
of 199 (p't.tblir_ Law 1k'~-~:,..=~6}, and all amendments to each, and
etl.l r-~eq~_ii.rementCs imposed by the •r-•egulatinlis i=_>s~_ied p~_trs~_tant to
these C-~cts. in addition, the Co~..tnty agrees to comply with
Title 4~Z+, C:tiapter-• 73~, of th•te hexas Administr-•ative Code. "these
provide in part that rfo parst]ns in the LJriited State; st-,all, nn
th-~e gr-•o~_tnd~~ taf r-•ace, color, national nr-~igiTi, sex, age,
disaiaiiity, political beliefs nr~ religion be excl~_tdeci from
par--ticipati.or; in, or denied, any caicl, care, ser-•vice ar-• outer
benefits pr°ovided by federal and/or t~t<<te f~_;nding, or
ather-•wise be Slit:;,JECtE?d tG discrimination. Tt-,e Ga~_tzity f~_trther--
agrees to c_nmply with Texas i-~ealttz and Safety Code 'Sect inn
6G;. 113 (relating to work place Land confidentiality g~_iidelines
regarding AIDS and f-iI+J}.
G. That ttier-•e shall be a~iti~_tal r-•eview of this contract
cond~_~cised to consider~ any app•r~npriate changes.
D. That ttie ter--m of this contract sha11 be far a period
beginning on the effective date of this contract and it shal:i
terminate at s~_tch time as the federal, state, or c•o~_tnty
gaver~nment c_•ease to pa•rtir_ipate in the pr--ngram, by m~_tt~_tal
consent of all parties hereto, or ltpoi7 breac•F~, of the contr--act
toy one of the parties her eta. If m~_tta..tal c_-onsent cannot be
ai:.taiz;ed, eitl`,er-• party to this c•nntr-•ac•t may co~isider-- it:
canceled by giving thir~t,,; (3~) days notice in writing to the
nther~ party, and this contract shall ther~et_tpon be cGinceled
~_~pnr, 'the expiration of s~_tc.h nntic.e in writing to tht: other
party, and this contract shall there~_tpon be canceled +_~pon the
expiration of s~_~c:h tt~iir~•ty (3~r~} day period. It is f~_trther agree
a;-,d ~_t~ider-•stoad tl--~at in tl"ie event the feder°•aI or state laws or-•
other req~_ti-r~ements si•io~_~ld be amended or-- .jt.cdicially inter-•pr~=t.ed
sa as to r--erider-• f~_tlfillment of this cantr~act an the part; of
either party ~_tnfeasible or impossit,le nr~ i F tt-:f_ Depar tmer~t ar-,d
the Ca~_tnty sho+_tld tie ~_tnable to agr--ee ~_ipor~ modifying
amendments which wo~..~ld be r-,eeded to enable s~.tbstantial
cnntin+_tatio~-, of the pr--ogr-•am as a res~_tI•t c;f s,_ich amendrr;ezits nr.
.j~..tdicial interpretations, then, and in the event, the
Department alid the Gn{_tnty shall be disc_•har•ged frc;m f~_ir~tt',er-•
obligation treated ~_~nder th-,e terms of this t.:ontract, except
for-• the ega~itable settlement of the r--espec=five ~accr ~_ted
interests or obligations inr_~_trred ~_~p to the dr-at•e of
t er-•m inert i an.
Contract hd~_tmber~ 4.~8-k'.E=R-97-k}1
1-'age i_~
Flan-~Fir-~anr_•ial plgr'eement
~3/~c~l.•'1~96
F. TI•~at this contract shall canstit~_ite the entire agreement
of tiie Ca~_inty nand the Department, and s~_ipersedes ar-~y ath-~er'
agr~eement (s>, contr'act t ), or' amencisnents ts) whether formal ar"~
informal, whicF-~ have been previ.a~_isly entered into by and
between the Ca~_inty and the Department relating to the services
c_avered ~_~nder-• this contr-•act.
F=or the i=aithf~al per~farmanc•e of the term<a of this contract,
the parties her'eta, in their' r_~~pacities as stated, affix tt-~eir-•
signat~_~res and bind themselves eff=ective the day of
TFXfaS DEF='~~RTl+1Ei'Jl- OT= F'RC]T~=CI"IVE
~F1D REGULi=~I"ORY SFR;1ICl=S
CC]IYlt+i T SS I DtdERS' COURT
F'.ERR COUh~ITY
Tay ;'s;'Rose h'!. Orsbar~n
r p/ROSE h1. ORSPORI~1
Regional Dir~ec•tar-•,
Regiar~ kith
Py s/ Rober-•t f~. Der-~sar-~
C o ~_i m y J,_~ d g e
/s/ Ray Lehman
Cammissianer,F'recinct F1o.:l
i s,'T. F-I. Lackey,
Cammissianer, precinct lVa.
,'s.' G1 enn F;. Ho l ekamp
Cammissioner,l='recint=t FJa.
/5/ HY"•~_tCe Uehle'r•
Cammissianer, l:~'recinct Na.4
Gontrac•t Flumber~ ~8-HER--97-4'~1
Dage ~3
Non-Financial Agreement
9/01/1996
STATE OF TEXAS
COUNTY OF KERB
CHILD WELFARE BOARD CONTRACT
Contract No. 08-KER-97-O1
I.
The Texas Department of Protective and Regulatory Services, formerly known as the Texas Department of Public
Welfare and/or the Texas Department of Human Resources and/or the Texas Department of Human Services,
hereinafter referred to as the Department, and the Commissioners' Court of Kerr County, hereinafter referred to as
the County, initiated a contract effective September 1, 1996, to establish a child welfare board contract to administer
a county wide, jointly fmanced, state administered and regionally operated child welfare program to meet the need
of children in the county in need of protective services. This contract has continued without a break until present.
With this document, the Texas Department of Protective and Regulatory Services and the County agree to continue
the child welfare board and revise the contract to change the contract number and update terminology. This contract
is entered into under the authority of §40.058 of the Human Resources Code and is not an agreement under Ch. 771
of the Government Code.
II.
The County agrees:
A. To continue a Child Welfare Board, hereinafter referred to as the Board, as set out by statute in The Texas
Family Code §264.005
B. That the Board will consist of not less than seven nor more than fifteen persons appointed by the County
Commissioners' Court. Each member will serve athree-yeaz term on a rotating basis. Initially, the appointees
will be designated to serve the following terms: 1/3 of the members appointed to three-year terms; 1/3 of the
members to a two-year term; and i/3 of the members to a one-year term. In successive years, from two to five
new members will be appointed. Members shall serve at the pleasure of the Commissioners' Court. Members
serve without compensation.
C. To continue to provide adequate funding for the care of any child in need of protective placement who is under
the conservatorship of the Department, and who is ineligible for Title IV-E foster care or state-paid foster care
and/or Medicaid.
D. To provide adequate funds for medical care not covered by Title XIX (Medicaid) and for children not Medicaid
eligible.
III.
The Board required under Article II, Section A, of this contract shall have and exercise such lawful authority, duties
and responsibilities asconferred upon it by statute, the Department and the County. The Department and the
County agree that the Board will have the following duties:
A. Serve in an advisory capacity to the county in the development of local policy to meet the needs of the children
in Kerr County covered under this contract.
Contract Number 08-KER-97-O1
Page 1
Non-Financial Agreement
9/01 / 1996
IV.
The Department agrees:
A. To seek Title XIX Medicaid coverage within the amount, duration, and scope of the Medicaid program as
defined by the state agency responsible for administration of these funds, for any child eligible for Title IV-E
foster care or state-paid foster care and who is eligible for Medicaid benefits.
B. To receive and expend children's personal funds (SSI, SSA, child support, etc.), in accordance with the needs
of each child and state and federal law and regulat;nnc for children in the Department's conservatorship.
V.
The Parties mutually agree:
A. That this mutually undertaken child welfare program must meet state licensing and/or certification standazds for
child-caring and child-placing activities as a condition to continuation of this contract.
B. To 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 738, 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 participation in, or denied, any aid, caze, service or other benefits
provided by federal and/or state funding, or otherwise be subjected to discrimination. The County further
agrees to comply with Texas Health and Safety Code Section 85.113 (relating to work place and confidentiality
guidelines regarding AIDS and HIV).
C. That there shall be an annual review of this contract conducted to consider any appropriate changes
D. That the term of this contract shall be for a period beginning on the effective date of this contract and it shall
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 the parties hereto. If mutual
consent cannot be attained, either party to this contract may consider it canceled by giving thirty (30) days
notice in writing to the other party, and this contract shall thereupon be canceled upon the expiration of such
thirty (30) day period. It is further agreed and understood that in the event the federal or state laws or other
requirements should be amended or judicially interpreted so as to render fulfillment of this contract on the part
of either party unfeasible or impossible or if the Department and the County should be unable to agree upon
modifying amendments which would be needed to enable substantial continuation 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 created under the terms of this contract, except for the equitable settlement
of the respective accrued interests or obligations incurred up to the date of termination.
Contract Number 08-KER-97-O1
Page 2
Non-Financial Agreement
4!01!1946
E. That this contract shall constitute the entire agreement of the County and the Department, and supersedes any
other agreement(s), contract(s), or amendment(s) whether formal or informal, which have been previously
entered into by and between the County and the Department relating to the services covered under this contract.
For the faithful performance of the terms of this contract, the parties hereto, in their capacities as stated, affix their
signatures and bind themselves effective the day of
TEXAS DEPARTMENT OF PROTECTIVE
AND REGULATORY SERVICES
By ~ ~ ~~ By
OSE M. ORSBORN
Regional Director, Region 08
COMMISSIONERS' COURT
KERB COUNTY
Co my Judge
Commissioner, Precinct No.~?.._.
-~~iJ~i ins, / S,~ ~i~
Commissioner, Precinct No. 4
Contract Number 08-KER-97-O1
Page 3
Non-Financial Agreement
9/01/1996
STATE OF TEXAS
COUNTY OF KERB
CHILD WELFARE BOARD CONTRACT
Contract No. 08-KER-97-O 1
I.
The Texas Department of Protective and Regulatory Services, formerly known as the Texas Department of Public
Welfare and/or the Texas Department of Human Resources and/or the Texas Department of Human Services,
hereinafter referred to as the Department, and the Commissioners' Court of Kerr County, hereinafter referred to as
the County, initiated a contract effective September 1, 1996, to establish a child welfare boazd contract to administer
a county wide, jointly financed, state administered and regionally operated child welfaze program to meet the need
of children in the county in need of protective services. This contract has continued without a break until present.
With this document, the Texas Department of Protective and Regulatory Services and the County agree to continue
the child welfare board and revise the contract to change the contract number and update terminology. This contract
is entered into under the authority of §40.058 of the Human Resources Code and is not an agreement under Ch. 771
of the Government Code.
II.
The County agrees:
A. To continue a Child Welfare Board, hereinafter referred to as the Board, as set out by statute in The Texas
Family Code §264.005
B. That the Board will consist of not less than seven nor more than fifteen persons appointed by the County
Commissioners' Court. Each member will serve athree-year term on a rotating basis. Initially, the appointees
will be designated to serve the following terms: 1/3 of the members appointed to three-yeaz terms; 1i3 of the
members to a two-yeaz term; and I/3 of the members to a one-year term. In successive years, from two to five
new members will be appointed. Members shall serve at the pleasure of the Commissioners' Court. Members
serve without compensation.
C. To continue to provide adequate funding for the care of any child in need of protective placement who is under
the conservatorship of the Department, and who is ineligible for Titlg IV-E foster caze or state-paid foster care
and/or Medicaid.
D. To provide adequate funds for medical care not covered by Title XIX (Medicaid) and for children not Medicaid
eligible.
III.
The Boazd required under Article II, Section A, of this contract shall have and exercise such lawful authority, duties
and responsibilities as conferred upon it by statute, the Department and the County. The Department and the
County agree that the Board will have the following duties:
A. Serve in an advisory capacity to the county in the development of local policy to meet the needs of the children
in Kerr County covered under this contract.
Contract Number 08-KER-97-O1
Page 1
Non-Financial Agreement
9/01/1996
IV.
The Department agrees:
A. To seek Title XIX Medicaid coverage within the amount, duration, and scope of the Medicaid program as
defined by the state agency responsible for administration of these funds, for any child eligible for Title N-E
foster care or state-paid foster care and who is eligible for Medicaid benefits.
B. To receive and expend children's personal funds (SSI, SSA, child support, etc.), in accordance with the needs
of each child and state and federal laws and regulations. for children in the Department's conservatorship.
V.
The Parties mutually agree:
A. That this mutually undertaken child welfaze program must meet state licensing and/or certification standazds for
child-caring and child-placing activities as a condition to continuation of this contract.
B. To 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 738, 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 participation in, or denied, anyaid, care, service ar other benefits
provided by federal and/or state funding, or otherwise be subjected to discrimination. The County further
agrees to comply with Texas Health and Safety Code Section 85.113 (relating to work place and confidentiality
guidelines regarding AIDS and HIS.
C. That there shall be an annual review of this contract conducted to consider any appropriate changes.
D. That the term of this contract shall be for a period beginning on the effective date of this contract and it shall
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 the parties hereto. If mutual
consent cannot be attained, either party to this contract may consider it canceled by giving thirty (30) days
notice in writing to the other party, and this contract shall thereupon be canceled upon the expiration of such
thirty (30) day period. It is further agreed and understood that in the event the federal or state laws or other
requirements should be amended or judicially interpreted so as to render fulfillment of this contract on the part
of either party unfeasible or impossible or if the Department and the County should be unable to agree upon
modifying amendments which would be needed to enable substantial continuation of the program as a result of
such amendments or judicial interpretations, then, and in that event, the Department and the County shall be
dischazged from further obligation created under the terms of this contract, exct;I,': for the equitable settlement
of the respective accrued interests or obligations incurred up to the date of termination.
Contract Number 08-KER-97-O 1
Page 2
Non-Financial Agreement
9/01/1996
E. That this contract shall constitute the entire agreement of the County and the Department, and supersedes any
other agreement(s), contract(s), or amendment(s) whether formal or informal, which have been previously
entered into by and between the County and the Department relating to the services covered under this contract.
For the faithful~performance of the terms of this contract, the parties hereto, in their capacities as stated, affix their
signatures and bind themselves effective the day of
TEXAS DEPARTMENT OF PROTECTIVE
AND REGULATORY SERVICES
By
ROSE M. ORSBORN
Regional Director, Region 08
COMMISSIONERS' COURT
OUNTY
By
C unty Judge
Commiss~i~on/'er, Pre ' ct No. 1
~~ `!Y -'
Commissioner, Precinct No.
Commissioner, Precinct No. 4
Contract Number 08-KER-97-O1
Page 3
Order No. 23630
Approval of Child Welfare Board Contract
October 7, 1996
Vol U pg 710