^RDER NO.c7570
RF'F'ROVRL OF CONTRRCT BETWEEN THE TEXRS DEF'RRTMENT
OF PROTECTIVE AND REGULRTORY SERVICES RND
THE COMMISSIONERS' COURT OF KERB COUNTY
On this the c8th day of May c00c, ~_ipon motion made by
Comniissioner• Baldwin, seconded by Commissioner Williams, the
Co~.ir•t unanimo~_~sly approved by a vote of 4-@-Q~, the Child
Welfare Board contract, nonfinancial, with T. D. F'. R. S.
effective September 1, c002 and authorize County Judge to sign
same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: H.A. "Buster" Baldwin ~ OFFICE: Commissioners' Court
MEETING DATE: May 28, 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving contract between the Texas Department of Protective and
Regulatory Services and the Commissioners' Court of Kerr County to continue maintaining a
child welfare board to administer a countywide child welfare program to meet the needs of
children in the county who are in need of protective services.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
Commissioner Pct. #1Bobby Pickens
ESTTMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
SSI and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Conmrissioners' Court.
May 20, 2002
Your court packet contains two different contracts with the state. After consideration
with the Child Services Board and discussions with CPS people, it is my recommendation
that this court approve the Child Welfare Board Contract Non-Financial.
The Title IV-E could become a quagmire we do not want to get into.
Buster Baldwin.
Texaz Dep[of Protective Child Welfare Board Contract Form 2282CNFIVE
and Regulatory Services March 2002
Non-Financial
Contract #
The Texas Department of Protective and Regulatory Services, hereinafter referred to as the Department, and the
Commissioners' Court of ~ r County, hereinafter referred to as the County, agree to enter this contract to
establish and maintain a child welfare board td administer a county wide, jointly financed, state administered and
regionally operated child welfare program to meet the needs of children in the county who are in need of protective
services. If the child welfare board was previously established, then this contract is to maintain it.
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 establish and maintain a Child Welfare Board, hereinafter referred to as the Board, as set out by statute in
the Texas Family Code §264.005.
B. 'Chat 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. lnirially, the appoimees
will be designated to serve the following terms: I/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 cone-year term. In successive years, from two to five
new members will be appointed Members shall serve at the pleazure of the Commissioners' Court. Members
serve without compensation. _
C. To remove or suspend any member who is alleged to have committed an offense of abuse, neglect, or
exploitation or an offense against the person, an offense against the family, or an offense involving public
indecency under the Texas Pena! code; or an offense under the Texas Controlled Substances Act. If it is
determined that the member has not committed such offenses, the member may be reinstated; however, the
County shall notify the Department of its intent to do so ten (IO) working days prior to the reinstatement. The
Contractor or Subcontractor must provide the Department with further information concerning the reasons for
the reinstatement upon the request ofthe Department.
D. To continue to provide adequate funding for the rare 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.
E. To provide adequate funds for medical care not covered by Title XIX (Medicaid) and for children not
Medicaid eligible.
111. The Board required under Article II, Section A, of this contract shall have. and ekercise 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. Assist the Department in identifying and meeting the needs of the children in the county who are covered
under this contract.
B. Expiain the child welfare program and needs to the community and explain to Department staff the
community's conditions and attitudes on policy, services, and priorities.
C. Serve in an advisory capacity to the county in [he development of local policy to meet the needs of the children
in the Cuunty covered under this contract.
Texas Dcpt of Protective Child Welfare Board Contract Fomt 2282CNF]VE
and Regulatory Services March 2002
Non-Financial
D. Ensure the confidentiality of records and other information relating to children and families according to
applicable federal and state Jaw, rules and regulations. This provision does not limit the Department's right of
access to client caze records or other information relating to clients served under this contract, except to the
extent that the Department acts outside of applicable state or federal law, rules or regulations applicable to
such record or information.
E. Prescribe such bylaws, not inconsistent with the terms of this contract and applicable state laws, as may be
necessary or desirable to insure the efficient operation of the Board. Such bylaws shall be approved by written
order of the Commissioners' Court
IV. The Department agrees:
A. To seek Title XIX Medicaid coverage within the amount, duration, and scope of the Medicaid program az
defined by the state agency responsible for administration of these funds, for any child eligible for AFDC-
foster care or state-paid foster care and who is eligible for Medicaid benefits.
B. To receive and expend children's persona[ funds (SSI, SSA, child support, etc.), in accordance with the needs
of each child and state and federal laws and retttrtatioru for children in the Department conservatorship.
V. The Parties mutually agree:
A. That this mutually undertaken child welfare program must meet state licensing and/or certification standards
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
I 0 J -336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to
these acts. to addition, the County agrees to comply with Title 40, Chapter 738, of the Texas Administrative
Code. These provide in part that no persons iu the United States shalt, on the grounds of race, color, national
origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid,
care, service or other benefiu provided by federal andfor state funding, orothetwise be subjected to
discrimination. The County agrees to comply with Texas Health and Safety Code Section 85.1 t 3 (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 az the federal, state, or county governments cease to participate in the program. by
mutual consent of all parties hereto, or upbn breach of the contract by one of the parties hereto. If mutual
consent cannot be attained, either parry 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 stale laws or other
requirements should be amended or judicially intecpreud so az 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
discha ,ed from further obligation created under the terms ofthis contract, except for the equitable settlement
oFthe respective accrued interests or obligations incurred up to the date of termination.
E. Tltat this contract shalt 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 Deparmtent relating to the services covered under this
contract.
.~
Texas Dept of Protective Child Welfare Board Contract eo~z2szcN>7ve
and Regulatory Services March 2002
Non-Financial
For the faithful performance of the terms of Ibis contract, the patties hereto, in their capacities as stated, affix their
signatures and bind themselves effective the ~~ day of `,~ 2002.
Texas Department of Protective Contractor. Printed County Name
and fteguiatory Services

,hyiY~ ~
Signature
Printed Name:
Regional Director, ftegitm _
Date
Signature
Printed Name:
Printed Title: County )udce
~T 2aU
Date

		
,.,.	
~	
,
	_	
. ~,	__	
		
	~6 -	

Texas Dept of Protective Child Welfare Board Contract Pom,zzszcrtPlvE
and Regulatory Services March 2002
Non-Financial
Contract # 2003083125
The Texas Department of Protective and Regulatory Services, hereinafter referred to as the Department, and the
Commissioners' Court of Kerr County, hereinafter referred to as the County, agree to enter this contract to
establish and maintain a child welfare board to administer a county wide, jointly financed, state administered and
regionally operated child welfare program to meet the needs of children in the county who are in need of protective
services. If the child welfare board was previously established, then this contract is to maintain it.
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.
[I. The County agrees:
A. To establish and maintain 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-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 remove or suspend any member who is alleged to have committed an offense of abuse, neglect, or
exploitation or an offense against the person, an offense against the family, or an offense involving public
indecency under the Texas Penal code; or an offense under the Texas Controlled Substances Act. If it is
determined that the member has not committed such offenses, the member may be reinstated; however, the
County shall notify the Department of its intent to do so ten (]0) working days prior to the reinstatement. The
Contractor or Subcontractor must provide the Department with further information concerning the reasons for
the reinstatement upon the request of the Department.
D. 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.
E. 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 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. Assist the Department in identifying and meeting the needs of the children in the county who are covered
under this contract.
B. Explain the child welfare program and needs to the community and explain to Department staff the
community's conditions and attitudes on policy, services, and priorities.
C. Serve in an advisory capacity to the county in the development of local policy to meet the needs of the children
in the County covered under this contract.
Texas Dept of Protective Child Welfare Board Contract Form zzszcNFlve
and Regulatory Services March 2002
Non-Financial
D. Ensure [he confidentiality of records and other information relating to children and families according to
applicable federal and state law, rules and regulations. This provision does no[ limit [he Department's right of
access to client case records or other information relating to clients served under this contract, except to [he
extent [ha[ the Department acts outside of applicable state or federal law, rules or regulations applicable to
such record or information.
E. Prescribe such bylaws, not inconsistent with the terms of [his contract and applicable state laws, as inay be
necessary or desirable to insure the efficient operation of the Board. Such bylaws shall be approved by written
order of the Commissioners' Court.
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 AFDC-
fostercare 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 conservatorship.
V. The Parties mutually agree:
A. That this mutually undertaken child welfare program must meet state licensing and/or certification standards
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 Ac[ 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,
care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to
discrimination. The County 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 orjudicially 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 orjudicial 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.
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 [o the services covered under this
contract.
Tezaz Dept of Protective Child Welfare Board Contract Form 2282CNFIVH
and Regulatory Services March 2002
Non-Financial
For the faithful performance of the terms of this contract, [he parties hereto, in their capacities as stated, affix their
signatures and bind themselves effective the day of _, 2002.
Texas Department of Protective
and Regulatory Services
Signature
Printed Name: Rose Orsborn
Regional Director, Region 08
Contractor: Kerr County
Si ature
Printed Name: Fred Henneke
Printed Title: County Judge
Date
TDPRS and County Cooperation
Title IV-E Overview
Title N-E of the Social Security Act provides financial assistance to States (and
counties) for payments and expenses related to:
foster care maintenance,
administrative costs, and
• training,
It is administered by the U:S. Department of Health and Human Services (HHS). In
Texas, Title N-E is administered by the Texas Department of Protective and Regulatory
Services (TDPRS), and counties which have a contract with PRS may claim a percentage
of expenses for certain costs of foster care maintenance, administration expenses, and
training expenses. These are considered "subrecipient" orpass-through contracts, and
may require the county to obtain a "single audit" as defined in OMB Circulaz A-133.
The following link will access the HHS Child Welfare Policy Manual:
htto://cb 1.acfdhhs.¢ov/uroQrams/cb/cwpaJoolicv.cfrn?id=8
Title N-E Contracts Established and Managed By PRS include:
County child welfare services contracts Unancial) are entered into with county
governments to partially reimburse a county for maintaining a child welfaze board
and for foster care maintenance expended on N-E eligible children.
County legal services contracts are entered into with county governments to
allow for partial reimbursement of costs of legal services for foster children.
County child welfare services contracts (non financial) aze entered into with a
county government to establish and maintain a child welfaze board. These non-
financial contracts give child welfaze boazds the right to receive PRS confidential
informafion.
Only a percentage of allowable Title N-E expenses maybe reimbursed to the counties.
The remaining portion of the expenses is to be covered by the county using state or local
funds. The federal reimbursement rates differ under each type of expenditure (i.e., foster
care maintenance payments, training, and administration and other expenses).
PRS and County Cooperation
02/02
,W
IY.I'v ~yic
Foster Care Maintenance Payments: ,clothing, transportation costs, school supplies,
child's personal incidentals, case management (not counseling), and child Gaze
tracked tg the individual Title IV-E eligible child)
Training Expenses: short-term training for personnel or to can-ent or prospective
foster and adoptive parehts. -,-
Administration and Other Expenses: referral to services, preparation for and
participation in judicial determination, placement of the child, development of the
case plan, case reviews, case management and supervision, a proportionate share of
related agency overhead. P]tS will not allow these costs unless they aze allocated
based on a cost alloca6oa~plan:-' `
'w 3 ,k h.,.d^ if
x
X4.....4 ..
Examples ofnon-reimbursable services include (but are not limited to):
4.: ry.
physica]/mental examinations : ,..
• medications of any typo., ;: _
• counseling of any type (but case management is allowable)
• testing/evaluation of any type',
homemaker or housekeeping services
• "social services".~ ' ,~"••, .
• treatment to the child, the child's family, or foster family to remedy personal
problems, behavior or home conditions.
., ~...
P1tS and County Cooperation
02/02
The following aze the FFP rates currently in effect:
Texu Dept ofpmteetive State of Texas Fa~zzszewlvs
snd Itegulato7, Saviees March 2002
Title IV-E Child Welfare Services Contract
Contract #
1. Parties. The Texas Department of Protective and Regulatory Services (PRS), hereinafter referred to as the
Departrnent, and the Commissioners' Court of (e.e.. Travisl Counri (a subdivision of the State of Texas),
hereinafter referred to as the Cotmty or Contractor, do hereby make and enter into this contract, which, together
with its incorporated documents, constitutes the entire agreement under the above referenced contract number
between the Department and the Contractor. The parties agree to establish and/or maintain a child welfaze boazd to
administer a county wide, jointly financed, state administered and regionally operated child welfaze program to
meet the needs of children in the county in need of protective services. The Department and the Contractor make
this contract for the following mutual considerations.
II. Authority to Contract. The Department is authorized to enter into this contract under Hutnaa Resources Code
Chapter 40. Pursuant to § § 40.0566 and 40.058, this contract is not subject to Chapter 771 or 791 of the
Government Code.
III. Governing Law. This contract shall be governed by and consttued in accordance with the laws of the State of
Texas. Unless otherwise mutually agreed, venue will be in State District Court, Travis County, Texas. Resulting
payments shall be due and payable in Travis County, Texas.
N. Contract Elements. This contract between the parties and any successor or permitted assignee consists of the
signed written contract and all instruments incorporated by reference which aze the documents listed in Section XI
of this contract. The contract includes all elements in this document and in the attachments. The Cost Allocation
Plan is a required attachment. This contract maybe amended only in writing and by mutual agreement.
V. Financial Limitations and Considerations.
A. Funds Availability. This contract is at all times contingent upon the availability and receipt of federal funds
that the Department has allocated to this contract; and if funds for this contract become unavailable during any
budget period, this contract maybe immediately terminated or reduced at the discretion of the Department
B. Amount of Payment. The Department agrees to pay the Contractor from available funds for services
rendered in accordance with the terms of this contract upon receipt of a proper and verified statement and after
deducting any known previous overpayment made by the Department. If project income accrues, the
Contractor shall add the program income to funds committed to the contract services and shall use them to
further eligible N-E objectives, or the Contractor shall deduct program income from the total allowable costs
in detP*~+TMr~rg the net allowable costs on which the Federal share of costs is based.
C. Basis for Payment. The basis for payment for services rendered tinder this contract is indicated in the service
terms with the Cost Allocation Plan. The Contractor agrees to this basis for payment and to adhere to the fiscal
and billing policies and procedures of the Department. The Department is not obligated to pay unauthorized
costs or to pay more than the Contractor's allowable and actually incttrred costs consistent with federal and
state regulations. The Contractor is responsible for submitting bills in an accurate and timely manner for each
quarter by the end of the following quarter and for notifying the Department of any need to expedite payment.
The Department will make reasonable efforts to process all bills received in an accurate and timely manner but
does not warrant immediate payment. If the quarterly bills for the county average or aze expected to average
less than $1,000 per quarter, the County may request, and the Contrnct Manager for the Department may grant
written permission to submit bills on an annual basis with the bill for each quarter submitted and documented
separately but at the same time before the end of the first quarter of the following fiscal yeaz.
Texas lkpt of Protective ~ State Of Texas Form 2282CWNE
and Regulatory Services ~ March 2002
Title N-E Child Welfare Services Contract
D. The Contractor understands and agrees that:
1. The reimbursement made to the Contractor shall not exceed the Contractor's actual cows to provide the
services under this cantraM and that the Contractor's actual costs, both duect and indirect, must be
allowable, reasonable and allocable to Subtitle N-E of the Social Security Act according to the Office of
Management and Budget Circulars A-87 and A-110, 40 TAC §§732.240-256 and any other applicable
Department regulations.
2. Transfers between line items of the budget, which is an integral part of the Cost Allocation Plan, will be
allowed without prior approval from the contract manager when transfers aze for allowable items as
de5ned by the Department and do not result in a significant change in the character or scope of the
program. Any transfers must be described and reported every quarter by letter along with a revised Cost
Allocation Plan and supporting narrative to the Department. Prior written approval must be secured when
transfers, regardless of the amount, would result in a significant change in the chazacter or scope of the
program. Lack of prior approval is these instances will be grounds for disallowance or recovery of
unapproved payments, other adverse action, or termination of this contract at the option of the
Department
E. Physical Property. The Contractor shall assume responsibility for the protection of all physical property and
equipment purchased under this contract and shall take appropriate measures to meet this obligation. The
Contractor shall famish the Department with a written, factual report of the theft of, or damage to, any
equipment purchased under this contract, including circuautances concerning the loss. In addition, in the event
of any theft, vandalism, or other offense against the properties, the Conhactor shall notify appropriate local
law enforcement authorities.
F. Equipment. The Contractor shall follow the provisions of Title 45 Code of Federal Regulations (CFR) Part
74 regazding the title to any equipment bought under this contract with funds allocated to the Contractor or its
subcontractor. Title to equipment shall vest with Contractor or Subcontractor as stated in 45 CFR Part 74.34.
The Contactor shall not give any security interest, lien, or otherwise encumber any item of equipment
purchased with contact funds. The Contractor shall permanently identify all equipment purchased under this
contract by appropriate ffigs or labels afTixed to the equipment and to maintain a current inventory of
equipment, which is available to the Department at all times upon request
G. Regulation Compliance. The Conhactor shall remain in compliance with 45 CFR Part 74, Office of
Management and Budget (OMB) Circular A-110, OMB Circuaaz A-87 and 40 Texas Administrative Code
(TAC) §§732.240-256. In the event of any conflict or contradiction between or among the regulations
referenced in this contract temr, the regulations shall control in the following order of precedence: 45 CFR
Part 74, OMB Circular A-110, OMB Circular A-87 and 40 TAC §§732.240-256.
H. Lobbying Limitations. The Contractor shall not use any funding under this contract to influence the outcome
of elections or the passage or defeat of any legislative measures.
I. Matching Requirements. The Contractor shall provide at least the amount ofnon-Federal shaze as identified
in the contract Cost Allocation Plan or through other written notice from the Department
J. Tazes. The Department shall not be liable for state, local, or federal excise taxes. The Contractor must be able
to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. The
Contractor is responsible for both Federal and State Unemployment insurance coverage and standazd Workers'
Compensation Insurance coverage. The Contractor must comply with all Federal and State tax laws and
withholding requirements. The Departrnent will not be liable to the Contractor or its employees for any
Unemployment or Workers' Compensation coverage, or Federal of State withholding requirements.
texas Dept urPruteenve State of Texas Fo,m zzazcwtvE
end Reguktary services Mazch 2002
Title N-E Child Welfare Services Contract
K Force Majeure. Neither party shall be financially liable to the other party for delays or failures to perform in
contract performance caused by force majeure (i.e. those rouses generally recognized under Texas law as
constituting imposstble conditions). Such delays or failures to perform shall extend the period of performance
until these exigencies have been removed. The party seeking to avail itself of this clause shall notify the other
party within five (5) business days or otherwise waive the right as a defense, unless notification is impractical
under the circumstances, in which case, notification shall be done in as timely a manner as possrble. The
Contractor agrees that breach of this provision entitles the Deparmrent to reduce or stop payments or
immediately terminate this contac4.
L. Accounting. The Contractor shall adhere to Generally Accepted Accounting Principles promulgated by the
American Institute of Certified Public Accountants and OMB Circulaz A-87; and follow Department fiscal
management policies and procedures in submitting timely billings and maintain financial records required to
be kept under this cont2ct.
M. Record Keeping. The Conttailor shall maintain financial, programmatic, and supporting documents,
statistical records, inventories ofnon-expendable property acquired, and other records pertinent to claims
submitted during the contract period for a m;n;rrn~m of five years after the termination of the contract period,
or for five years after the end of the federal fiscal year in which services were provided if this contract has no
specific termination date. If any litigation, claim, or audit involving these records begins before the five-yeaz
period expires, the Contractor will keep the records and documents for not less than five years and until all
litigation, claims, or audit findings aze resolved. The case is considered resolved when a final order is issued in
litigation, or a written agreement is entered into between the Deparaent aced the Contractor. Contract period
means the beginning date through the ending date specified in the original contract; extensions aze considered
to be separate contract periods.
N. Reviews. The Contractor shall cooperate fully in any social studies or fiscal and programmatic monitoring,
auditing, evaluating, or other reviews pertaining to services rendered by the Contractor and subcontractor
which maybe conducted by the Department or the United States Department of Health and Human Services,
or their authorized representatives; and to be responsible for any audit exception or other payment irregularity
regazding this contract or subcontract, but only if such exception or irregularity is due to the sole negligence of
the Contactor, which maybe found after review by the Department or the United State Departrnent of Health
and Human Services; and to be responsible for the timely and proper collection and reimbursement to the
Department of any amount paid in excess of the proper billing amount.
O. Notice of Funding. The Contractor shall place prominent notices acknowledging the funding it receives from
the Department in all of its literature that descnbes services covered by this contact. This notice will also
appeaz in the Contractor's annual financial report, if any is issued.
VI. Reporting Requiregtents.
A. The Contractor shall submit services delivery reports required by the contrail orself-evaluations of
performance and other reports requested by the Department in appropriate format and on a timely basis; and to
the extent permitted or required by law, make available at reasonable times and for reasonable periods, clients'
records and other programmatic or financial records, books, reports, and supporting documents for reviewing
and copying by the Depat~tent, the U.S. Department of Health and Human Services, or their authorized
representatives.
B. In developing, copying, and disseminating reports or other information under this contact, the Department and
Contactor agree to the following:
The Contractor retains all rights to copyright, use, reproduce, aced distnbute any material written or produced
by the Contractor that is the subject of this contract. If the contactor develops any materials using funds from
this contract, the Contractor must grant the Departrnent and the federal government a royalty-free,
nonexclusive, and irrevocable license or right to reproduce, translate, publish, use, disseminate, and dispose of
such materials and to authorize others to do so for governmental purposes.
Texas txpt otPmtxtive State Of Texas Form 2282CWIVE
and Regulatory Savicet March 2002
Title IV-E Child Welfare Services Contract
~r;+_
VII. Additional Responslbillties o[ Contractor and Subcontractor. The Contractor shall be responsible to the
Deparnment for any subcontractor's performance under this contract. The Contractor shall, and will require any
subcontractor to agree to: _;; : -'•.-,.~-,
A. Provide services in accordance with the provisions of this contract; and to allow the Department and its
representatives to monitor, audit, evaluate and otherwise review the services provided and related
documentation, but only to the extent permitted or required by law.
• ~ ,.- ~ v:~~ .
B. Notify the Department immediately and in advance of any significant change affecting the Contractor,
including change of the Contractor's name or identity, ownership or control, governing board membership,
persoffiel appointed Hader this Contract, payee identification number, and other. Notice will be provided in
writing to the Department ~wntl»n ten (10) worlrmg days of the change,
C. Refrain from transfemng or assigning this contract or from entering into any subcontract for the services under
this contract without prior written approval from the designated official Department signatory. Request for
approval must be sttbnritted in writing by the Contractor and include the qualifications of the subcontractor to
pcrfomt and meet the standards of this contract, The Conhactor shall be responsible to the Department for any
subcontractor's performan '~~ ~, -e,.
;.
°';' a,'~io' , a8 `
D. Provide statements from subcontractors signed by an official duly authorized to legally obligate the
subcontractor and attest to the fact that it shall provide the services as represented in this contract, including
the incorporated doc~mts,, with no dismption to service.delivery. A similaz statement must be signed by
each subcontractor who wrlT provide services as part of the contract. Each subcontractor maybe required to
submit ownership information and other information related to this contract. The Conhactor may disclose any
infom~rationreAarding`subcontractors..at:-~ '
E. Remove any employee or~;yo vnteer from drect client contact who is alleged to have committed an offense of
abuse, neglect, of exploitation or an offense against the person, an offense against the family, or an offense
involving public indecency under the Texas Penal code; or an offense under the Texas Controlled Substances
Act If it is determined that the employee has not committed such offenses, the employee may again be
assigned to direct client coi4tacq however, die Contractor or Subcontractor shall notify the Department of its
intent m do so ten (10) working days prior to the reassignment. The Contractor or Subcontractor must provide
the Department with fea=ther information concerning the reasons for the reassignment upon the request of the
Department If tlx employee is found to have committed any of the offenses listed in this paragraph, the
employee shall not be reassigned to dtty~tiJets ravolving any duect contact with clients.
F. Comply with all applicable federal and state regulations and with P1tS policies and procedures regazding
services delivered tinder this contract included by not limited to the following:
1. Federal Financial Partrctpatton (FFP) requirements in accordance with Titles 45 and 48 of the Code of
Federal Regtrlahons and federal circulars, as amended.
2 Title VI of the Ctvtl 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 requirettxnts imposed by the regulations issued pursuant to these acts. In
addition, the ]?rovider agrees m comply with'fitle 40, Chapter 73 of the Texas Adminishative Code.
These. provide in part that na 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, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to
3. Health and Safety Code Section 85.113 (refitting to workplace and confidentiality guidelines regazding
AIDS and HIV).
Texas lkpt of Proteetive State Of Texas Foan 2282CW1VE
and Regulatory Serviea March 2002
Title IV-E Child Welfare Services Contract
4. Iaanigration Reform and Control Act of 1986 regazding employment verification and retention of
verification fomts for any individuals who will perform any labor or services under this contract.
5. Establish a method to eas[[[e the confidentiality of records and other information relating to clients
according to applicable federal and state law, rules and regulations. This provision does not limit the
Department's right of access to client case records or other information relating to clients served under
this contract, except to the extent that the Department acts outside of applicable state or federal law, rules
or regulations applicable to such record or information.
6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services'
offices within the Department as required by the Texas Family Code, Chapter 261. All reports must be
made within 24 hours of the discovery of the abuse or neglect.
7. If specific qualifications aze set forth in job descriptions required by the Department, only personnel with
the required qualifications wr71 be assigned to fill functions unless a written waiver is granted by the
Department
8. To the extent permitted by Law, Contractor will verify and disclose, or cause its employees and volunteers
(including child welfare board members) to verify and disclose criminal history and any current criminal
indictment involving an offense against the person, an offense against the family, or an offense involving
public indecency under the Texas Penal Code as amended, or an offense under Chapter 281 of the Texas
Health and Safety Code. This verification and disclosure will be required of child welfaze board members
and of all who have direct contact with clients.
9. Comply with state and federal licensing and certification requirements, health and safety standazds, and
regulations prescribed by the United States Department of Health and Human Services and the Texas
Department of Protective and Regulatory Services.
10. All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
11. Mandatory standards and policies relating to energy efficiency which aze contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-
163).
G. Submit an amual financial and compliance audit of the Contractor's fiscal year-end in accordance with Single
Audit requirements of OMH Circular A-133 (Audits of State, Local Government, and Non-Profit
Caganizations), if applicable..
H. Contractor has full responsibility to anticipate and mitigate any four digit yeaz related events that could
adversely affect the timely performance of this Contract or the date-related operations of any goods and/or
services provided pursuant to it. Conttactor warrants the fault free perfomrance in the processing of date
and/or date-related data by any product developed and delivered to Department pursuant to this Conttact
Fault-free performance includes manipulation of data with dates prior to, through, and beyond January 1,
2000, and during leap years. Contractor agrees that all softwaze developed and delivered pursuant to the
Contractual requirements herein shall use four digit year elements. Contractor further agrees that four digit
yeaz elements will be used in any electronic data interchange that may occur with the Depattnent as a result of
this Contract. Contractor shall not be entitled to additional compensation or additional time to perform the
obligations under this Conhact as a result of Yeaz 2000 events.
r`.'a °ept °`P`°"c4Ve State of Te%as Forth 2282CWNE
and Regulatory Smica March 2002
Title IV-E Child Welfare Services Contract
VIII. Service Provlstona. The Contractor agrees to provide services as specified below unless amended by both parties:
A. Statement of Need.
Title IV-E of the Social Security Act provides financial assistance to States for foster caze maintenance
payments, administrative and training expenses related to foster caze and adoption. The Deparonent is
responsible for this program, but may contract with counties for such services to children who have been
determined to be eligible under N-E.
B. County and Child Welfare Bosrd.
~.:.._
The County agrees: -
1. To establish and/or maintain a Child Welfare Boazd, hereinafter referred to as the Board, as set out by
statute in the Texas Family Code §264.005.
2. That the Board will consist of not less than seven nor mare than fifteen persons appointed by the County
Cormnissiontrs' Court Each member wt71 serve athree-yeaz term on a rotating basis. Initially, the
appointees will be designated to serve the following temts: I/3 of the members appointed to three-year
terms; 1/3 of the members to a two-yeaz term; and 1/3 of the members to a one-yeaz term In successive
years, from two to five new member. will be appointed. Members shall serve at the pleasure of the
Commissioners' Court Members serve without compensation.
et:.
3. To remove or suspend from the Child Welfaze Boazd any member who would not be allowed to have
direct client contact under Section VII.E. of this contract if the member were an employee or volunteer for
the Cltild Welfare Board.
4. To continue to provide adequate funding for the caze of any child is need of protective placement who is
under the conservatorship of the Department, and who is ineligible for Title N-E foster caze or state-paid
foster care and/or Medicaid.
5. To provide adequate funds for medical care not covered by Title 7QX (Medicaid) and for children not
Medicaid eligible.
6. To maintain its total net child welfare expenditures for any future fiscal yeaz at the level of the Count}rs
child welfare program appropriation or the Count~+s actual expenditures, less any appropriarion or
expenditure of Level of Care payments to foster homes, for the child welfaze program for the fiscal yeaz
preceding the signing of the conhact, which ever amount is less.
7. To participate in the Department's financial and statistical reporting systems.
,,
8. That none of the moneys used to provide match for federal funds under this contract shall be federal
funds, either directly or indirectly, and further expressly agrees that such moneys have not been used to
secure federal matching funds previously.
9. To certify additional allowable Title N-E foster care maintenance expenditures as specified in
Attachment A in accordance with Deparmreat regulations and instructions. Certified claims must be
submitted quarterly based on the Department's fiscal yeaz. The County will be responsible for any audit
exceptions for unallowable costs included is their certified claim
10. That the financial depository for the Boazd shall be the County. All moneys received by the Board from
whatever source shall be deposited in this County depository, and the regular procedures followed in the
collection, disbursement, and accounting for such county funds will be followed and adhered to by the
County and the Board.
Texas txpt of Frotcctive Forth 2282CWIVE
ena ae~latoty servieea State of Texas M,rcn zooz
Title N-E Child Welfare Services Contract
C. Child Weltare Board.
The Boazd required under Article I 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 Boazd will have the following duties:
1. Assist the Deparhnent in identifying and meeting the needs of the children in the County who are covered
under this contract.
2. Explain the child welfare program and needs to the community and explain to Department staff the
communit7rs conditions and attitudes on policy, services, and priorities.
3. Serve in an advisory capacity to the County in the development of local policy to meet the needs of the
children in the County covered under this contract.
4. Develop an estimated annual budget for the operations of child welfaze services. It will be the duty of the
Boazd to recommend an estimated budget to Commissioners' Court and appeaz in support of same at
budget hearings.
5. Authorize the expenditure of county funds and other special funds on behalf of the children in the County
covered under this conhact.
6. Review on a monthly basis child welfaze expenditures and receipts, as well as a summary of services
delivered during the month.
7. Prescnbe such bylaws, not inconsistent with the terms of this contract and applicable State laws, as may
be necessary or desirable to insure the efficient operation of the Board. Such bylaws shall be approved by
written order of the Commissioners' Court
D. Goals.
Specific goals under the following categories have been agreed by the parties:
Foster caze maintenance payments
Short term training expenses
Administration and other expenses
E. Service Provisions.
Specific service provisions by the County under the following categories Lave been agreed to by the parties:
Foster caze maintenance payments
Short teen training expenses
Administration and other expenses
Texas Dept of Rotective Form 2282CWIVE
ana aegutatory serviees State of Texas Main zoo2
Title N-E Child Welfare Services Contract
F. Contract Outcomes and Outputs.
The services provided by the County will be measured as follows: [Instructions -Specific outcomes and
outputs ~tst be reported by the contractor and should be reported under the following categories to
correspond to those listed in C. above. Outcomes and Outputs address what is being measured and how it is
bcing measured. Use actual numbers whenever possible for measurement:]
Foster caze maintenance payments
Short term training expenses
Administration and other expenses
G. Reporting and Record Keeping.
The distnbution and apportionment of salaries and wages must be in compliance with OMB Circular A-87.
The Contractor shall submit bills: a) on a quarterly basis, b) using form 4116X, State of Texas Purchase
Voucher and other TDPRS or Contractor forms or sufficient documentation to support the claim as
appropriate, and c) within 1 quarter of the quarter in which services were provided. In order to accommodate
counties which bill small amounts each quarter, a Contractor may submit four quarterly bills for an entire fiscal
yeaz within one quarter of the end of that fiscal year. Aay bill or amended bill which is submitted to the
Department later than 7 quarters after the end of the quarter of the expense shall not be processed by the
Deparmtent unless the Department determines, in the Department's sole discretion, that the Department is able
to submit the bill to the federal government for payment in a proper and timely fashion.
DC. Cost Allocation Plan. The Department agrees to and shall reimburse the Connector from Subtitle N-E funds the
federally reimbursable portion of the reasonable, allowable and allocable costs according to the approved Cost
Allocation Plan found is Attachment A of this contract If the contract is for more than the direct expenses for
foster Gaze maintenance, the parties to this agreement have negotiated a detailed budget in the required format
along with a narrative justifying both the budget and the allocation of costs to Subtitle N-E of the Social Sensity
Act, and the patties mutually believe that this Attachment A reflects appropriate costs for Subtitle N-E. If costs
aze determined not to be reasonable, allowable and allocable under Subtitle N-E, the Department shall not
reimburse for those costs and shall recover any previous payments for such costs. If bills are inadequately
documented or appeaz to be unallowable in whole or in part, the Depamnent shall notify Contractor within 30 days.
The Cost Allocation Plan should be amended for each fiscal yeaz with the written agreement of the contract
manager for the Department. If the contract is automatically renewed, and if the parties have not agreed to an
amended Cost Allocation Plan, then the Cost Allocation Plan is also renewed without amendment but maybe later
amended by agreement of the parties.
X. Provisions for Termination of Contract and Dispute Resolution.
A. If the Contractor fails to provide services according to the provisions of this contract, the Depamnent may,
upon writtrn notice of default to the Contractor, terminate all or any part of the contract after giving
Contractor notice of at least 30 business days and an opportunity to comply with provisions of the contract
within 30 business days. Termination is not necessarily an exclusive remedy but will be in addition to any
other rights and remedies provided by law or under this contract.
resastRptort'roteceve State of Texas Fotata2szcwtve
end Regulatory Services March 2002
Title IV-E Child Welfare Services Contract
B. The Department shall suspend or revoke this contract if the Contractor is found liable for or bas a contract,
licensq certificate or permit of any kind revoked for Medicaid fraud. The Deparrent shall also suspend or
revoke this conttaM if the Contractor's license, certificate or permit has been revoked by any agency listed in
Ariicle II of the General Appropriations Act passed by the 75th Texas Legislature.
C. That the Department, based on information from monitoring or other verifiable sources, may terminate this
contract for cause or take other actions:
1. To include requiring the Contractor to take specific corrective actions in order to remain in compliance
with any contractual term,
2. To recoup payments made to the Contractor or impose administrative error sanctions based on audit
findings of violations of contact requirements, and
3. To suspend, place into abeyance or remove any contractual rights to include, but which are not limited to,
withholding of payment, cessation of plactment and removal of all contract rights.
D. If federal or state laws or other requirements are amended or judicially interpreted so that either party cannot
reasonably fulfill this contract, and if the patties cannot agree to an amendment tbat would enable substantial
continuation of the services, the parties shall be discharged from any further obligation under this contract.
E. This contract maybe terminated at any time by matual consent. In addition, either party to this contract may
consider it to be canceled by giving 30 days written notice to the other party. This contract will be terminated
at the end of the 30-day period Nothing in this Section shall be construed to prohibit immediate written notice
of temtination of the conttact pursuant to Sections X.A., X.B., and X.C., above. This contract shall otherwise
terminate by the date specified pursuant to Section XII below.
F. At the end of the contract term or other contract termination or cancellation, the Contractor shall in good faith
and in reasonable cooperation with the Department, aid in transition to any new arrangement or provider of
services. The respective accnred 'interests or obligations incurred to date of termination must also be equitably
settled
G. Contract Dispute Resolution.
1. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be
used, as further descn'bed herein, by the Department and the Contractor to attempt to resolve any claim for
breach of conhact made by the Contractor.
a. A contmctor's claims for breach of this contract that the parties caanot resolve in the ordinary cotuse
of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B. of
the Gove~^*~e^t Code. To initiate the process, the contractor shall submit written notice, as required
by subchapter B, to the Executive Director or his designee. Said notice shall specifically state that
the provisions of Chapter 2260, subchapter B, aze being invoked. A copy of the notice shall also be
given to all other representatives of the Department and the Contractor otherwise entitled to notice
under the parties' contract. Compliance by the contactor with subchapter B is a condition precedent
to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government
Code.
b. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the
contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of
contract by the Department if the parties aze unable to resolve their disputes under subparagraph 1. of
P~SinPfr
c. Compliance with the contested case process provided in subchapter C is a condition precedent to
seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies
Teua Drat of Protecd"` State Of Texas Form 2282CWNE
and ~~~~, Serviw March 2002
Title >v-E Child Welfare Services Contract
Code. Neither the execution of this conhact by the Department nor any other conduct of any
representative of the Department relating to the contract shall be considered a waiver of sovereign
immrmity t0 SUIt..
2. The submission, processing and resolution of the contractor's claim is governed by the published rules
adopted by the Department pursuant to Chapter 2260, as currently effective, hereafter enacted or
subsequently amended.
3. Neither the occturence of an event nor the pendency of a claim constitute grounds for the suspension of
performance by the coahactor, in whole or is part
a ~ ,~i:
XI. Incorporation by Reference. The following instruments are incorporated into the contract for all purposes and
are on file with the Department, the Contractor, and subcontractor(s):
A. Attachment A, Cost Allocation Plan and supporting narrative.
,•`~
B. Designation of authorized signatory for the Contractor.
C. Form 20+16, Certification Regazding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
CoveredCantzactt. ~ ~~
D. Form 2047e, Certification Regarding Federal Lobbying, if expected amount of the contract exceeds $100,000.
E. Copy of approved Indirect Cost Agreement, if one exists.
?dI. Effective Dates of Contract. This contract shall be in force effective the _ day of and continuing
through the _ day of ~ 2003. This contract shall automatically renew for one fiscal yeaz at a time
through August 31, 2007 unless terminated by one or both parties or unless the contract is amended to contain
different terms. Ia case of amendment, the contract, as amended, shall automatically renew unless terminated, or
unless this term is amended.
XIII. Ezecution of ContraM. For the faithful performance of the terms of this contract, the parties hereto in their
capacities as state affix their signatures and bind themselves during the effective dates.
Texas Department of Protective
and Regulatory Services
Contactor: Printed Countv Name
Signature	Signature
Printed Name: _	Printed Name:
Printed Title:	Printed Title:
Date
10
texas Ixpc orProteciive State of Te%as Foy zzszcttvs
and Regulatory Service ~ March 2002
Title N-E County Legal Services Contract
Contract #
I. Parties. The Texas Department of Protective and Regulatory Services (PRS), hereinafter referred to as the
Department, and (e.e.. Travis) County (a subdivision of the State of Texas), hereinafter referred to as the
Contractor, do hereby make and enter into this contract, which, together with its incorporated documents,
constitutes the entire agreement under the above referenced contract number between the Department and the
Contractor. The Department and the Contractor make this contract for the following mutual considerations.
II. Authority to Contract. The Deparment is authorized to enter into this contact under Human Resources Code
Chapter 40. Pursuant to §§ 40.0566 and 40.058, this contract is not subject to Chapter 771 or 791 of the
Government Code.
III. Governing Law. This contract shall be governed by and constmed in accordance with the laws of the State of
Texas. Unless otherwise mutually agreed, venue will be in State District Court, Travis County, Texas. Resulting
payments shall be due and payable in Travis County, Texas.
N, Contract Elements. This contract between the parties and any successor or permitted assignee consists of the
signed written contract and all irutrnments incorporated by reference which aze the documents listed in Section XI
of this contract. The contract includes all elements in this document and in the attachments. The Cost Allocation
Plan is a required attachment. This contract maybe amended only in writing and by mutual agreement
V. Financial Limitations and Considerations.
A. Funds Availability. This contract is at all times contingent upon the availability and receipt of federal funds
that the Department has allocated to this contract; and if funds for this contract become unavailable during any
budget period, this contract maybe immediately terminated or reduced at the discretion of the Department
B. Amount of Payment The Deparment agrees to pay the Conttactor from available federal funds for services
rendered in accordance with the terms of this contract upon receipt of a proper and verified statement and after
deducting any known previous overpayment made by the Deparnnent. If project income accmes, the
Contractor shall add the program income to funds committed to the contract services and shall use them to
further eligible N-E objectives, or the Contractor shall deduct program income from the total allowable costs
in determining the net allowable costs on which the Federal share of costs is based.
C. Basis tar Payment The basis for payment for services rendered under this contract is indicated in the service
terms with the Cost Allocation Plan. The Contractor agrees to this basis for payment and to adhere to the fiscal
and billing policies and procedures of the Department The Deparment is not obligated to pay unauthorized
costs or to pay more than the Contractor's allowable and actually incurred costs consistent with federal and
state regulations. The Contractor is respanstble for submitting bills in an accurate and timely manner for each
quarttr by the end of the following quarter and for notifying the Department of any need to expedite payment
If the quarterly bills for the county average or are expected to average less than $1,000 per quarter, the County
may request, and the Contract Manager for the Department may grant written.permission to submit bills on an
annual basis with the bill for each quarter submitted and documented separately but at the same time before the
end of the first quarter of the following fiscal year. The Deparment will make reasonable efforts to process all
bills received in an accurate and timely manner but does not warrant immediate payment
D. The Contractor understands and agrees that:
I. The reimbursement made to the Contractor shall not exceed the Contractor's actual costs to provide the
services under this contract and that the Contractor's actual costs, both duect and indrrect, must be
allowable, reasonable and allocable to Subtitle N-E of the Social Security Act according to the Office of
Management and Budget Circulars A-87 and A-110, 40 TAC §§732.240-256 and any other applicable
Department :egulations.
Texas tXpt orProtee°~ State of Texas Farr zzszcuve
and Regulatory Servioea March 2002
Title IV-E County Legal Services Contract
2. Transfers between line items of the budget, which is an integral part of the Cost Allocation Plan, will be
allowed without prior approval from the contract manager when transfers are for allowable items as
defined by the Department and do not result in a significant change in the character or scope of the
program. Any transfers must be descnbed and reported every quarter by letter along with a revised Cost
Allocation Plan and supporting narrative to the Department. Prior written approval must be secured whin
transfers, regazdless of the amount, would result in a significant change in the character or scope of the
program. Lack ofprior approval in these instances will be grounds for disallowance or recovery of
unapproved payments, other adverse action, or termination of this contract at the option of the
Department
E. Physical Property. The Contractor shall assume responsibility for the protection of all physical property and
equipment purchased under this contract and shall take appropriate measures to meet this obligation. The
Connector shall famish the Department with a written, factual report of the theft of, or damage to, any
equipment purchased under this contract, including circumstances concerning the loss. In addition, in the event
of any theft, vandalism, or other offense against the properties, the Contractor shall notify appropriate local
law enforcement authorities.
F. Equipment. The Contractor shall follow the provisions of Title 45 Code of Federal Regulations (CFR) Part
74 regazding the title to any equipment bought under this contract with funds allocated to the Contractor or its
subcontractor. Title to equipment shall vest with Contractor ar Subcontractor as stated in 45 CFR Part 74.34.
The Contractor shall not give any security interest, lien, or otherwise encumber any item of equipment
purchased with contract funds. The Contractor shall pennaneatly identify all equipment purchased under this
contact by appropriate tags or labels affixed to the equipment and to maintain a current inventory of
equipment which is available to the Department at all times upon request
G. Regulation Compliance. The Contractor shall remain in compliance with 45 CFR Part 74, Office of
Managenunt and Budget (OMB) Circulaz A-110, OMB Circuhrr A-87 and 40 Texas Administrative Code
(TAC) §§732.240-256. In the event of any conflict or contradiction between or among the regulations
referenced in this contract term, the regulations shall control in the following order of precedence: 45 CFR
Part 74, OMB Circular A-110, OMB Circulaz A-87 and 40 TAC §§732.240-256.
H. Lobbying Limitations. The Contractor shall not use any funding under this contract to influence the outcome
of elections or the passage or defeat of any legislative measures.
I. Matching Requirements. The Contractor shall provide at least the amount ofnon-Federal shaze as identified
in the contract Cost Allocation Plan or through other written notice from the Department
J. Tares. The Department shall not be liable for sffite, local, or federal excise taxes. The Contractor must be able
to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. The
Contractor is responsible for boot Federal and State Unemployment insurance coverage and standazd Workers'
Compensation Insurance coverage. The Contractor must comply with all Federal and State tax laws and
withholding requirements. The Department will not be liable to the Contractor or its employees for any
Unemployment or Workers' Compensation coverage, or Federal of State vthholding requirements.
K. Force Majeure. Neither party shall be financially liable to the other party for delays or failures to perform in
contract perfonvance caused by force majeure (i.e. those causes generally recognized under Texas law as
constituting impossible conditions). Such delays or failures to perform shall extend the period of performance
until these exigencies have been removed. The party seeking to avail itself of this clause shall notify the other
party within five (5) business days or otherwise waive the right as a defense, unless notification is impractical
tinder the circumstances, in which case, notification shall be done in as timely a manner as possible. The
Contractor agrees that breach of this provision entitles the Department to reduce or stop payments or
immediately terminate this contract.
Tczaa Dept °f Pf0f C1VG State of Tezas Form 2282CL1VE
and Regulatory Services March 2002
Title )v-E County Legal Services Contract
L. Accounting. The Contractor shall adhere to Generally Accepted Accounting Principles promttlgated by the
American Institute of Certified Public Accountants and OMB Circulaz A-87; and follow Department fiscal
management policies and procedures in submitting timely billings and maintain financial records required to
be kept under this conttact
M. Record Keeping. The Contractor shall maintain financial, programmatic, and supporting documents,
statistical records, inventories ofnon-expendable property acquired, and other records pertinent to claims
submitted during the contract period foram;.,;,,,,,.., of five years after the termination of the contract period,
or for five years after the end of the federal fiscal yeaz in which services were provided if this contract has no
specific termination date. If any litigation, claim, or audit involving these records begins before the five-yeaz
period expires, the COntaMOI will keep the records and documents for not less than five years and until all
litigation, claims, or audit findings aze resolved. The case is considered resolved when a final order is issued in
litigation, or a written agreement is entered into betwetn the Department and the Contractor. Contract period
means the beginning date through the ending date specified in the original contract; extensions aze considered
to be sepazate contract periods.
N. Renews. The Contractor shall cooperate fully in any social studies or fiscal and programmatic monitoring,
auditing, evaluating, or other reviews pertaining to services rendered by the Contractor and subcontractor
which maybe conducted by the Department or the United States Department of Health and Human Services,
or their authorized representatives; and to be responsible for nay audit exception or other payment irregularity
regarding this contract or subcontract, but only if such exception or irregularity is due to the sole negligence of
the Contractor, which maybe found after revicw by the Department or the United State Department of Health
and Human Services; and to be responsible for the timely and proper collection and reimbursement to the
Deparhneat of any amount paid in excess of the proper billing amount
O. Notice of Funding. The Contractor shall place prominent notices acknowledging the funding it receives from
the Department in all of its literature that describes services covered by this contract. This notice will also
appeaz in the Contractor's annual financial report, if any is issued.
VI. Reporting Requirements.
A. The Contractor shall submit service delivery reports required by the contract or self-evaluations of
performance and other reports requested by the Department in appropriate format and oa a timely basis; and to
the extent permitted or required by law, make available at reasonable tunes and for reasonable periods, clients'
records and other programmatic or 5nancial records, books, reports, and supporting documents for reviewing
and copying by the Departatent, the U.S. Department of Health and Human Services, or their authorized
representatives.
B. In developing, copying, and disseminating reports or other information under this contract, the Department and
Contractor agree to the following:
The Contactor retains all rights to copyright, use, reproduce, and distnbute any material written or produced
by the Contactor that is the subject of this contact. If the contractor develops any materials using funds from
this contract, the Contractor must grant the Deparnnent and the federal government a royalty-free,
nonexclusive, and irrevocable license or right to reproduce, translate, publish, use, disseminate, and dispose of
such materials and to authorize others to do so for governmental purposes.
VII. Additional Responsibilities of Contractor and Subcontractor. The Contactor shall be responsible to the
Department for any subcontractor's performance under this contract. The Contractor shall, and will require any
subcoatactorto agree to:
A. Provide services in accordance with the provisions of this contract; and to allow the Deparhnent and its
representatives to monitor, audit, evaluate and otherwise review the services provided and related
documentation, but only to the extent pcrmitted or required by law.
texas lxpt orrmtective State of Texas eom,zzszct.tva
and Regulatory Senrim Marsh 2002
Title N-E County Legal Services Contract
B. Notify the Depaztrnent immediately and in advance of any significant change affecting the Contractor,
including change of the Ctnmactor's name or identity, ownership or control, governing boazd membership,
personnel appointed under this Contract, payee identification number, and other. Notice will be provided in
writing to the Department within ten (10) working days of the change.
C. Refrain from transferring or assigning this contract or from entering into any subcontract for the services under
this contract without prior written approval from the designated official Department signatory. Request foi
approval must be submitted in writing by the Contractor and include the qualifications of the subcontractor to
perform and meet the standards of this contract. The Contractor shall be responsible to the Department for any
subcontractor's performance.
D. Provide statements from subcontractors signed by an official duly authorized to legally obligate the
subcontractor and attest to the fact that it shall provide the services as represented in this contact, including
the incorporated documents, with no dismptioa to service delivery. A similar statement must be signed by
each subcontractor who will provide services as part of the contract. Each subcontractor may be required to
submit ownershp information and other information related to this contract. The Contractor may disclose any
inforraatioa regazding subcontractors.
E. Remove any employee from direct client contact who is alleged to have committed an offense of abuse or
neglect; or an offense against the person, an offense against the family, or an offense involving public
indecency under the Texas Penal code; or an offense under the Texas Controlled Substances Act. If it is
determined that the employee has not committed such offenses, the employee may again be assigned to duect
client contact; however, the Contractor or Subcontractor shall notify the Department of its intent to do so ten
(] 0) working days prior to the reassignment The Contractor or Subcontractor must provide the Department
with further information concerning the reasons for the reassignment upon the request of the Department If
rho employee is found to have conmmitted any of the offenses listed in this paragraph, the employee shall not
be reassigned to duties involving any direct contact with clients.
F. Comply with all applicable federal and state regulations and with PRS policies and procedures regazding
services delivered under this contract included by not limited to the following:.
1. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of
Federal Regulations and federal circulars, as amended.
2. 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 101-33~, and all
amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In
addition, the Provider 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 participation in, or denied, any
aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to
dygrriminatlOIt.
3. Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regazding
AIDS and HIV}.
4. Immigration Reform and Control Act of 1986 regazding employment verification and retention of
verification forms for any individuals who will perform any labor or services under this contract
5. Establish a method to ensure the confidentiality of records and other infomtation relating to clients
according to applicable federal and state law, rules and regulations. This provision does not limit the
Department's right of access to client case records or other information relating to clients served under
Texas Dept of Protective Form 2282CLlVE
.na Regulatory Serviw State of Texas raarrn 2002
Title I:V-E County Legal Services Contract
this contract, except to the extent that the Department acts outside of applicable state or federal law, rules
or regulations applicable to such record or information.
6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services'
offices within the Department as required by the Texas Family Code, Chapter 261. All reports must be
made within 24 hours of the discovery of the abuse or neglect.
7. If specific qualifications are set forth in job descriptions required by the Department, only personnel with
the required qualifications will be assigned to fill functions unless a written waiver is greeted by the
Departrnent.
8. To the extent permitted by Law, Contractoz will verify and disclose, or cause its employees and volunteers
to verify and disclose criminal history and any current criminal indictment involving an offense against
the person, an offense against the family, or an offense involving public indecency under the Texas Penal
Code as amended, or an offense under Chapter 281 of the Texas Health and Safety Code. This verification
and disclosure will be required of all who have direct contact with clients.
9. Comply with state and federal licensing and certification requirements, health and safety standazds, and
regulations prescribed by the United States Department of Health and Human Services and the Texas
Department of Protective and Regulatory Services.
10. All applicable standazds, orders or regulations issued.pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-
163).
G. Submit an annual financial and compliance audit of the Contractor's fiscal yeaz-end in accordance with Single
Audit requirements of OMB Circulaz A-133 (Audits of State, Local Government, and Non-Profit
Organizations), if applicable.
H. Contractor has full responsibility to anticipate and mitigate any four digit yeaz related events that could
adversely affect the timely performance of this Contract or the date-rehrted operations of any goods and/or
services provided pursuant to it Contractor warrants the fault free performance in the processing of date
and/or date-related data by any product developed and delivered to Department pursuant to this Contract
Fault-free performance includes manipulation of data with dates prior to, through, and beyond January 1,
2000, and during leap years. Contractor agrees that all software developed and delivered pursuant to the
Contractual requirements herein shall use four digit yeaz elements. Contractor furOrer agrees that four digit
year elements will be used in any electronic data interchange that may occur with the Department as a result of
this Contract. Contractor shall not be entitled to additional compensation or additional time to perform the
obligations under this Contract as a result of Yeaz 2000 events.
VIII. Service Provisions. The Contractor agrees to provide services as specified below unless amended by both parties:
A. Statement of Need.
Title IV-E of the Social Security Act provides financial assistance to States for expenditures related to the
preparation for and participation in judicial determination for cases filed by the Department in order to carry
out applicable provisions of Title IV-E. The Department is responsible for this program, but may contract
with counties for such services to children who have been determined to be eligible under IV-E.
ra~aanwtere~t«a~e State of Texas F°"»ZZ82ct.ive
end Regulatory Saviors March 2002
Title N-E County Legal Services Contract
B. Goat.
The goal of this contract is to provide fair, adequate and expeditious judicial determinations regarding children
eligible for services under SubUUe N-E of the Social Security Ac; including the training of county staff is
areas necessary for the administration of this portion of the State N-E plan.
C. Service Provisions.
ContracWr will assist the Department in providing fair, adequate and expeditious judicial determinations
regazding children eligible for services under Subtitle N-E of the Social Security Act Such services will be is
accordance with the attached Cost Allocation Plan and with Subtitle N-E of the Social Security Act.
D. Contract Outcomes and Outputs.
Contractor will report the activities and outcomes of each case in which it participates pursuant to this contract
and will provide a brief description of each short-term training in which its employees participate pursuant to
this contact.
E. Reporting and Record Keeping.
The distnbution and apportionment of salaries and wages must be incompliance with OMB Cuculaz A-87. _
The Contractor shall submit bills: a) on a quarterly basis, b) using form 4116X, State of Texas Purchase
Voucher and other TDPRS or Contractor forms or sufficient documentation to support the claim as
appropriate, and c) within 1 quarter of the quarter in which services were provided. In order to accommodate
counties which bill small amounts each quarter, a Contractor may submit four quarterly bills for an entire fiscal
year within one quarter of the end of that fiscal yeaz. Any bill or amended bill which is submitted to the
Department later than 7 quarters after the end of the quarter of the expense shall not be processed by the
Department unless the Department determines, in the Department's sole discretion, that the Department is able
to submit the bill to the federal government for payment in a proper and timely fashion.
D;. Cost Allocation Plan. The Deparnment agrees to and shall reimburse the Contractor from Subtitle N-E funds the
reasonable, allowable and allocable costs accardirSg to the approved Cost Allocation Plan found in Attachment A
of this contract. The parties to this agreement have negotiated a detailed budget in the required format along with a
narrative justifying both the budget and the allocation of costs to Subtitle N-E of the Social Security Ac; and the
parties mutually believe that this Attachment A reIIecu appropriate costs for Subtitle N-E. If costs are determined
not to be reasonable, allowable and allocable under Subtitle N-E, the Deparment shall not reimburse for those
costs and shall recover any previous payments for such costs. If bt7ls are inadequately documented or appeaz to be
unallowable in whole or in part, the Departrnent shall notify Contractor within 30 days.
The Cost Allocation Plan should be amended for each fiscal yeaz with the written agreement of the contract
manager for the Department. If the contract is automatically renewed, and if the parties have not agreed to an
amended Cost Allocation Plan, then the Cost Allocation Plan is also renewed without amendment but maybe later
amended by agreement of the parties.
X. Provisions for Termination of Contract and Dispute Resolution.
A. If the Contractor fails to provide services according to the provisions of this contrac; Ute Department may,
upon written notice of default to Ure Contractor, terminate all or any part of the contract after giving
Contractor notice of at least 30 business days and an opportunity to comply with provisions of Ute contract
within 30 business days. Termination is not necessarily an exclusive remedy but will be in addition to any
other righu and remedies provided by law or under this contact.
Texas Dept of Protxtive Fomr 2282CLIVE
aria RegWatory Serviw State of Texas
March 2002
Title N-E County Legal Services Contract
B. The Department shall suspend or revoke this contract if the Contactor is found liable for or bas a contract,
liccnsq certificate or permit of any kind revoked for Medicaid iiaud. The Deparmtent shall also suspend or
revoke this contract if the Contractor's license, certificate or permit bas been revoked by any agency listed in
Article II of the General Appropriations Act passed by the 75th Texas Legislature.
C. That the Departrnent, based on information from monitoring or other verifiable sources, may terminate this
contract for cause or take other actions:
1. To include requiring the Contractor to take specific corrective actions in order to remain incompliance
with any contractual term,
2. To recoup payments made to the Contractor or impose administrative error sanctions based on audit
5ndings of violations of contract requirements, and
3. To suspend, place into abeyance or remove any contractual rights to include, but which aze not limited to,
withholding of payment, cessation of placement and removal of all contract rights.
D. If federal or state laws or other requirements aze amended or judicially interpreted so that either party cannot
reasonably fulfill tlils contract, and if the parties cannot agree to an amendment that would enable substantial
continuation of the services, the parties shall be dischazged from any further obligation under this contract.
E. This contract maybe terminated at any time by mutual consent. In addition, either party to this contract may
consider it to be canceled by giving 30 days written notice to the other party. This contract will be terminated
at the end of the 30-day period. Nothing in this Section shall be construed to prohibit immediate written notice
of termination of the contract pursuant to Sections X.A., X.B., and X.C., above. This contract shall otherwise
terminate by the date specified pursuant to Section XII below.
F. At the end of the contract term or other contract termination or cancellation, Ure Contractor shall in good faith
and in reasonable cooperation with the Department, aid in transition to any new arrangement or provider of
services. The respective accmed interests or obligations incurred to date of termination must also be equitably
settled.
G. Contract Dispute Resolution.
1. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be
used, as further described herein, by the Department and the Contractor to attempt to resolve any claim for
breach of contract made by the Contactor.
a. A contractor's claims for breach of this contract that the parties cannot resolve in the ordinary course
of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B. of
the Government Code. To initiate the process, the contractor shall submit written notice, as required
by subchapter B, to James R Hine or his designee. Said notice shall specifically state that the
provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be
given to all other representatives of the Department and the Contractor otherwise entitled to notice
under the patties' contract. Compliance by the contractor with subchapter B is a condition precedent
to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government
Code.
b. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the
contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of
contract by the Department if the parties are unable to resolve their disputes under subpazagraph 1. of
this pazagraph.
T~"r~°°rrrar~ State of Te%as Form2282CLNE
and Regulatory Services Match 2002
Title l V-E County Legal Services Contract
c. Compliance with the contested case process provided in subchapter C is a condition precedent to
seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies
Coda Neither the execution of this conhact by the Department nor any other conduct of any
representative of the Dtparmtent relating to the contract shall be considered a waiver of soverei~
imrtmmty t0 Snlt
2. The submission, processing and resolution of the contractor's claim is governed by the published rules
adopted by the Department pursuant to Chapter 2260, as currently effective, hereafter enacted or
subsequently amended.
3. Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of
performance by the contactor, in whole or in part.
XI. Incorporation by Reference. The following instruments are incorporated into the conRact for all purposes and
are on file with the Department, the Contractor, and subconttactor{s):
A. Attachment A, Cost Allocation Plan and supporting narrative
B. Designation of authorized signatory for the Contractor
C. Form 2046, Certification Regarding Debarment, Suspension, Ineligtbility and Voluntary Exclusion for
Covered Contracts
D. Form 2047e, Certification Regazding Federal Lobbying
E. Copy of approved Iaduect Cost Agreement
XII. Effective Dates of Contract This contract shall be in force effective the _ day of _ and continuing
through the _ day of _~ 2003. This contract shall automatically renew for one fiscal yeaz at a time
through August 31, 2007 unless terminated by one or both parties or umless the conhact is amended to contain
different terms. Incase of amendment, the contract, as amended, shall automatically renew unless terminated, or
unless this term is amended.
7CII. Execution of Contract. For the faithful performance of the terms of this contract, the parties hereto in thew
capacities as state affix their signatures and bind themselves during the effective dates.
Texas Department of Protective Contractor: Printed Counri Name
and Regulatory Services
Signature
Printed Name:
Printed Title:
Date
Signature
1?rinted Name: _
Printed Title:
Date
45 CFR § 1356.10
45 C.F.R § 1356.10
CODE OF FEDERAL REGULATIONS
TITLE 45-PUBLIC WELFARE
SUBTITLE B-REGULATIONS RELATING TO
PUBLIC WELFARE
CHAPTER XiII--OFFICE OF HUMAN
DEVELOPMENT SERVICES. DEPARTMENT OF
HEALTH AND
HUMAN SERVICES
SUBCHAPTER G-THE ADMINISTRATION ON
CHILDREN. YOUTH AND FAMILIES. FOSTER
CARE MAINTENANCE PAYMENTS. ADOPTION
ASSISTANCE. AND CHILD AND FAMILY
SERVICES
PART 1355-GENERAL
Current through February 5, 2002; 67 FR 5427
6 1355.20 Definitions.
(a) Unless otherwise specified, [he following terms as [hey
appeaz in 45 CFR Parts 1355, 1356 and 1357 of this title
are defined as follows--
Act means the Social Security Act, as amended.
ACYF means the Administration on Childrrn, Youth and
Families, Administration for Children and Families (ACF),
U.S. Department of Health and Human Services.
Adoption means the method provided by State law which
establishes the legal relationship of parent and child
between persons who are not so related by birth, with the
same mutual rights and obligations that exist between
children and their birth parents. This relationship can only
be termed "adoption" after the legal process is complete.
Child abuse and neglect means the definition contained in
42 U.S.C. 5106(¢)(21.
Child care institution means a private child care institution,
or a public child caze institution which accommodates no
more than twenty-five children, and is licensed by the State
in which i[ is situated or has been approved by the agency
of such State or robot licensing authority (with respect [o
child care institutions on or near Indian Reservations)
responsble for licensing or approval of institutions of this
type as meeting the standards established for such
licensing. This de£mition must not include detention
facilities, forestry camps, training schook, or any other
facility operated primarily for rho detention of children who
aze detertnined to be delinquent
Commissioner means the Commissioner on Children,
Youth and Families, Administration for Children and
Families, U.S. Department of Health and Human Services.
Date a child is considered to have entered foster care
means the earlier of: The date of the fust judicial fmding
that the child has been subjected to child abuse or neglect;
or, the date that is 60 calrndaz days after the date on which
the child is removed from the home pursuant to §
Page 1
1356.21(k). A State tray use a date earlier than that
required in [his paragraph, such as the date the child is
physically removed from [he home. This definition
determines the date used in calculating all time period
requirements for the periodic reviews, permanency
hearings, and termination of pazental rights provision in
section 475(5) of the Act and for providing time-limited
reunification services described at section 431(a)(7) of the
Act. The defmition has no relationship to establishing
initial title N-E eligibility.
Department means the United States Department of Health
and Human Services.
Detention facility in the context of the definition of child
care institution in section 472(c)(2) of the Act means a
physically restricting facility for the care of children who
require secure custody pending court adjudication, court
disposition, execution of a court ordtt or after commitment
Entity, as used in § 1355.38, means any organization or
agency (e.g., a private child placing agency) that is separate
and independent of the State agency; performs title IV-E
functions pursuant to a contract or subcontract with the
State agency; and, receives title IV-E funds. A State court
is not an "entity" for the purposes of § 1355.38 except if an
administrative arm of the State court carries out title N-E
administrative functions pursuant to a contract with the
State agency.
Foster care means 24-hour substitute care for childrrn
placed away from their pazents or guardians and for whom
the State agency has placemrnt and care responsibility.
This includes, but is not limited to, placements in foster
family homes, foster homes of relatives, group homes,
emttgrncy shelters, residential facilities, child care
institutions, and preadoptive homes. A child is in foster
care in accordance with [his definition regardless of
whethtt [he foster Daze facility is licensed and payments
are made by the State or local agency for the care of the
child, whethtt adoption subsidy payments aze being made
prior to the finalization of an adoption, or whether there is
Federal matching of any payments that aze made.
Foster care maintenance payments are payments made on
behalf of a child eligible for title N-E foster care to cover
the cost of (and the cost of providing) food, clothing,
shelter, daily supervision, school supplies, a child's
personal incidentals, liability insurance with respect to a
child, and reasonable travel for a child's visitation with
family, or other caretakers. Local travel associated with
providing the items listed above is also an allowable
expense. In the case of child Gaze institutions, such term
must include [he reasonable costs of administration and
operation of such institutions as are necessarily required to
provide the items described in the preceding sentences.
"Daily supervision" for which foster care maintenance
payments may be made includes:
(I) Foster family care-licensed child caze, when work
responsibilities preclude foster parents from being at home
when the child for whom they have caze and responsibility
Copr. ® West 2002 No Claim to Orig. U.S. Govt. Works
45 CFR § 1356.10
45 C.F.R § 1356.10
in foster care is not to school, licensed child care when the
foster pazent is required [o participate, without the child, in
activities associated with pazrnting a child ht foster care
that are beyond [he scope of ordinary parental duties, such
as attendance at administrative or judicial reviews, case
conferences, or foster parent training. Paymrnts to cover
these costs may be: included in the basic foster care
maintenance payment; a separate payment to the foster
parent, or a separate payment to the child care provider;
and
(2) Child care institutions--routine day-today direction
and arrangements to costae the well-being and safety of the
child.
Foster family home means, for the purpose of title N-E
eligibility, the home of an individual or family licensed or
approved as meeting the standards established by the State
licensing or approval authority(ies) (or with respect to
foster family homes on or near Indian reservations, by the
tribal licensing or approval authority(ies)), that provides
24-hour outrof--home care for children. The term may
include group homes, agency-operated boazding homes or
other facilities licensed or approved for the purpose of
providing foster care by the State agency responsible for
approval or licensing of such facilities. Foster family
homes that are approved must be held to the same standazds
as foster family homes that are licensed. Anything less
than full licensure or approval is insufficient for meeting
title [V-E eligibility requirements. States may, however,
claim title N-E reimbursement during the period of time
between the date a prospective foster family home satisfies
all requvements for licensure or approval and the date the
actual licrnse is issued, no[ to exceed 60 days.
Full review means the joint Federal and State review of all
federally-assisted child and family services programs in the
States, including family preservation and support services,
child protective services, foster care, adoption, and
independent living services, for the purpose of detemtining
the State's substantial conformity with the State plan
requirements of titles N-B and N-E as listed in § 1355.34
of this part. A full review consists of two phases, the
statewide assessment and a subsequent on-site review, as
described in § 1355.33 of this paR
Legal guazdianship means ajudicially-created relationship
between child and caretaker which is intended to be
permanent and self-sustaining as evidenced by the transfer
to the caretaker of the following parental rights with respect
to [he child: protection, education, care and control of the
person, custody of the person, and decision-making. The
term legal guardian means the caretaker in such a
relationship.
National Child Abuse and Neglect Data System
(NCANDS) means the voluntary national data collection
and analysis system established by the Administration for
Children and Families in response to a requirement in the
Child Abuse Prevenl5on and Treatment Act (Fub.L. 93-
247~, as amrnded.
Partial review means:
Page 2
(I) For the purpose of the child and family services review,
the joint Federal and State review of one or more federally-
assisted child and family services program(s) in the States,
including family preservation and support services, child
protective services, foster caze, adoption, and independent
living services. A partial review rrtay wnsist of any of the
components of the full review, at mutually agreed upon by
the State and the Administration for Children and Families
as being sufficient to determine substantial conformity of
the reviewed components with the State plan requirements
of titles N-B and N-E as listed in § 1355.34 of this part',
and
(2) For the purpose of title N-B and titre IV-E State plan
compliance issues that are outside the prescribed child and
family services review format, e.g., compliance with
AFCARS requtrements, a review of State laws, policies,
regulations, or other information appropriate to the nature
of the concern, to determine State plan wmpliance.
Permanency hearing means:
(1) The hearing required by section475(5)(C) of the Act to
determine the permanency plan for a child in foster care.
Within [his context, the court (including a Tribal court) or
administrative body determines whether and, if applicable,
when the child will be:
(i) Returned to the parent;
(ii) Placed for adoption, with the State filing a petition for
termination of parental rights;
(iii) Refereed for legal guardianship;
(iv) Placed permanently with a fit and willing relative; or
(v) Placed in another planned permanent living
arrangement, but only in cases where the State agency has
documented to the State court a compelling reason for
detemdning that it would no[ be in the best interests of the
child to follow one of the four specified options above.
(2) The permanency hearing must be held no later than 12
months after the date the child is considered to have entered
foster care in accordance with the definition at § 1355.20
of this part or within 30 days of a judicial determination
that reasonable efforts to reunify the child and family are
not required. ARer the initial permanency hearing,
subsequrnt perrnartency hearings must be held not less
fcequently than every 12 months during the continuation of
foster caze. The permanency hearing must be conducted
by a family or juvenile court or another court of competent
jurisdiction or by an administrative body appointed ar
approved by the court which is not a part of or under the
supervision or direction of the State agency. Paper
reviews, ex page hearings, agreed orders, or other actions
or hearings which are no[ open to the participation of the
parents of the child, the child (if of appropriate age), and
foster parents or preadoptive parrnts (if any) are not
Copr. ® West 2002 No Claim to Orig. U.S. Govt. Works
45 CFR § 1356.10
45 C.F.R § 1356.10
pem~anrney hearings.
State means, for title N-B, the 50 States, the District of
Columbia, [he Commonwealth of Puerto Rico, Guam, the
Vvgin Islands, the Commonwealth of the Northern
Mariana Islands, and American Sarrtoa. For title IV-E the
tenn "State" means the 50 States, the Distrito of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, and American Samoa
State agency means the State agency administering or
supervising the administration of the ti0e IV-B and title IV-
E State plans and the title XX social services block grant
program. An exception to this requirement is pemiltted by
section 103(d) of the Adoption Assistance and Child
Welfaze AM of 1980 (Pub.L. 96-2721. Section 103(d)
provides that, if on December 1, 1974, the title N-B
program (in a State or local agency) and the social services
program under section 402(a)(3) of the Act (the
predecessor program to title 1CX) were administered by
separate agencies, that separate administration of the
programs could continue at State option.
Statewide assessment means the initial phase of a full
review of all federally-assisted child and family services
programs in the States, including family preservation and
support services, child protective services, foster care,
adoption, and indeprndrnt living services as described in §
1355.33(b) of this part, for the purpose of detemdning the
State's substantial conformity with the State plan
requirements of titles IV-B and N-E as tilted in § t36534
of this part.
(b) Unless otherwise specified, the definitions contained in
section 475 of the Act apply [o all programs under titles IV-
Eand N-B of the Act
148 FR 23114. May 23, 1983; 57 FR 30429. July 9, 1992;
58 FR 67924. Dec. 22, 1993; 6l FR 58653. Nov. 18, 1996;
65 FR 4075. Jan. 25, 2000; 65 FR 70507. Nov. 24, 2000;
66 FR 58675 Nov. 23, 2001]
<General Materials (GM) -References, Annotations, or
Tables>
45 C. F. R § 1355.20
45 CFR § 1355.20
Page 3
CARE MAINTENANCE PAYMENTS. ADOPTION
ASSISTANCE. AND CBILD AND FAMILY
SERVICES
PART 1356--REOUiREMENTS APPLICABLE TO
TITLE N-E
Current through February 5, 2002; 67 FR 5427
§ 135G.10 Scooe.
This part applies to State programs for foster care
maintenance payments, adoption assistance payments,
related foster care and adoption administrative and training
expenditures, and the independent living services program
under title N-E of the Att.
148 FR 23115. May 23, 1983; Gl FR 58655 Nov. I8,
1996]
<General Materials (GM) -References, Annotations, or
Tables>
45 C. F. R. § 1356.10
45 CFR § 1356.10
END OF DOCUMENT
Copr. ® West 2002 No Claim to Orig. U.S. Govt Works
45 CFR § 1356.60
45 C.F.R § 1356.60
CODE OF FEDERAL REGULATIONS
TITLE 45-PUBLIC WELFARE
SUBTITLE B-REGULATIONS RELATING TO
PUBLIC WELFARE
CRAPTER XIII-OFFICE OF HUMAN
DEVELOPMENT SERVICES. DEPARTMENT OF
HEALTH AND
HUMAN SERVICES
SUBCHAPTER G--THE ADMINISTRATION ON
CHILDREN- YOUTH AND FAMILIES. FOSTER
CARE MAINTENANCE PAYMENTS. ADOPTION
ASSISTANCE. AND CAILD AND FAMILY
SERVICES
PART 1356-REQUIREMENTS APPLICABLE TO
TITLE N-E
Curent through February 5, 2002; 67 FR 5427
?z 1356.20 State elan document and submission
requirements.
(a) To be in compliance with the State plan requirements
and [o be eligible to receive Federal financial participation
(FFP) in the costs of foster care maintenance payments and
adoption azsistance~under this part, a State must have a
State plan approved by the Secretary that meets the
requirements of this part, Part 1355 and section 471 (a) of
the Act The title N-E State plan must be submitted to the
appropriate Regional Office, ACYF, in a form determined
by the State.
(b) Failure by a State [o comply with the requirements and
standards for the data reporting system for foster care and
adoption (§ 1355.40 of this chapter) shall be considered a
substantial failure by the State in complying with the State
plan for title N-E. Penalties az described in § 1356.40(e)
of this chapter shall apply.
(c) If a State chooses [o claim FFP for voluntary foster
care placements, the State must meet the requirements of
paragraph (a) of this section and section 102 of Pub.L. 96-
272 the Adoption Assistance and Child Welfare Act of
1980, az it amends section 472 of the Act.
(d) The following procedures for approval of State plans
and amendments apply to the title IV-E program:
(1) The State plan consists of written documents famished
by the State to cover its program under Part E of title IV.
After approval of the original plan by the Commissioner,
ACYF, all relevant changes, required by new statutes,
roles, regulations, interpretations, and court decisions, are
required to be submitted currently so that ACYF may
determine whether the plan continues to meet Federal
requirements and policies.
(2) Submittal. State plans and revisions of the plans are
submitted first to the State governor or his designee for
review and then to the regional office, ACYF. The States
are encouraged to obtain consultation of the regional staff
when a plan is N process of preparation or revision.
Page 4
(3) Review. Staff in the regional offices are responsible
for review of State plans and amrndments. They also
initiate discussion with the State agency on clarification of
significant aspects of the plan which come to [heir attention
in the course of this review. State plan material on which
the regional staff haz questions concerning the application
of Federal policy is referred with recommendations az
required to the central office for technical assistance.
Comments and suggestions, including those of consultants
in specified areaz, may be prepared by the central office for
use by the regional staff in negotiations with the State
agency.
(4) Action. Each Regional Administrator, ACF, has the
authority to approve State plans and amendments thereto
which provide for the administration of foster care
maintenance payments and adoption assistance programs
under section 471 of [he Act. The Commissioner, ACYF,
retains the authority to determine that proposed plan
material is not approvable, or that a previously approved
plan no longer meets the requiremrnts for approval. The
Regional Office, ACYF, formally notifies [he State agency
of the actions taken on State plans or revisions.
(5) Basis for approval. Determinations az to whether State
plans (including plan amendments and administrative
practice under the plans) originally meet or continue to
meet, the requirements for approval are based on relevant
Federal statutes and regulations.
(6) Prompt approval of State plans. The determination az
[o whether a State plan submitted for approval conforms to
the requirements for approval under the Act and regulations
issued pursuant thereto shall be made promptly and not
later than the 45th day following the date on which the plan
submittal is received in the regional office, unless the
Regional Office, ACYF, has secured from the State agency
a written agreement to extrnd that period.
(7) Prompt approval of plan amendments. Any
amrndmrnt of an approved State plan may, at the option of
the State, be considered az a submission of a new State
plan. If the State requests that such amendment be so
considered the determination az [o its confomtity with the
requirements for approval shall be made promptly and no[
later than the 45th day following the date on which such a
request is received ¢t the regional office with respect to an
amrndment that haz been received in such office, unless the
Regional Office, ACYF, has secured from the State agency
a written agreement to extend that period. In absence of
request by a State that an amendment of an approved Stae
plan shall be considered az a submission of a new State
plan, the procedures under § 201.6(a) and (b) shall be
applicable.
(8) Effective date. The effective date of a new plan may
not be earlier than the first day of the calendar quarter in
which an approvable plan is submitted, and with respect [o
expenditures for assistance under such plan, may not be
earlier than the first day on which the plan is in operation
on a statewide bazis. The same applies with respect to plan
Copr. ® West 2002 Na Claim to Orig. U.S. Govt. Works
45 CFR § 1356.60
45 C.F.R § 1356.60
amendments.
(e) Once the title IV-E State plan has been submitted and
approved, it shall remain in effect until amendments are
required. An amendment is required if there is any
significant and relevant change in the information or
assurances in [he plan, or the organization, policies or
operations described in the plan.
('This requirement haz been approved by the Office of
Management and Budget under OMB Control Number
0980-0141. Tn accordance with the Paperwork Reduction
Act of 1995, an agency may no[ conduct or sponsor, and a
person is not required to respond to, a collection of
information unless it displays a currently valid OMB
control number.)
148 FR 23115. May 23, 1983; 58 FR 67938 Dec. 22,
1993; 65 FR 4088. Jan. 25, 2000; 66 FR SS676 Nov. 23,
2001]
<General Materials (GM) - Referrnces, Annotations, or
Tables
45 C. F. R § 1356.20
45 CFR § 1356.20
CODE OF FEDERAL REGULATIONS
TITLE 45-PUBLIC WELFARE
SUBTITLE B-REGULATIONS RELATING TO
PUBLIC WELFARE
CHAPTER XHI-OFFICE OF HUMAN
DEVELOPMENT SERVICES. DEPARTMENT OF
HEALTH AND
HUMAN SERVICES
SUBCHAPTER G-THE ADMINISTRATION ON
CHILDREN. YOUTH AND FAMILIES. FOSTER
CARE MAINTENANCE PAYMENTS. ADOPTION
ASSISTANCE. AND CHILD AND FAMILY
SERVICES
PART 1356-REQUIREMENTS APPLICABLE TO
TITLE IV-E
Current through February S, 2002; 67 FR 5427
F 1356.21 Foster care maintenance pavments oroeram
implementation requirements.
(a) Statutory and regulatory requirements of the Federal
foster care program To implemrn[ the foster care
maintrnance payments program provisions of the title IV-E
Page S
State plan and to be eligible to receive Federal fmancial
participation (FFI') for foster care maintenance payments
under this part, a State must meet the requirements of this
section, 45 CFR 1356.22, 45 CFR 1356.30• and sections
472, 475(1), 475(4), 475(5) and 475(6) of the Act.
(b) Reasonable efforts. The State must make reasonable
efforts to maintain the family unit and prevent the
unnecessary removal of a child from his/her home, az long
az the child's safety is assured; to effect the safe
reunification of the child and family (if temporary out-of-
home placement is necessary to ensure the immediate
safety of the child); and to make and finalize altema[e
pemtanrncy plans in a timely manner when reunification is
not appropriate or possible. In order to satisfy the
"reasonable efforts" requirements of section 47](a)(15) (as
implemented through section 472(a)(I) of the Act), the
State must meet the requirements of paragraphs (b) and (d)
of this section. Tn determining reasonable efforts to be
made with respect to a child and in making such reasonable
efforts, the child's health and safety must be the State's
paramountconcem.
(1) judicial determination of reazonable efforts to prevent
a child's removal from the home.
(i) When a child is removed from his/her home, the
judicial determination az [o whether reasonable efforts were
made, or were not required to prevent the removal, in
accordance with paragraph (b)(3) of this section, must be
made no later than 60 days from the date the child is
removed from the home pursuant to paragraph (k)(1)(ii) of
this section
(ii) If the determination concerning reasonable efforts to
prevent the removal is not made az specified in pazagraph
(b)(1)(i) of this section, the child is not eligible under the
title iV-E foster care maintrnance payments program for
the duration of that stay in foster care.
(2) Judicial determination of reazonable efforts to finaliu
a permanency plan.
(i) The State agency must obtain a judicial determination
that it has made reasonable efforts to finaliu the
pem~anrncy plan that is in effect (whether the plan is
reunification, adoption, legal guazdianship, placement with
a fit and willing relative, or placement in another planned
permaztent living arzangemrnt) within twelve months of the
date [he child is considered to have entered foster care in
accordance with the definition at § 1355.20 of this part,
and at leazt once every twelve months thereafter while the
child is in foster care.
(ii) If such a judicial detemilnation regarding reasonable
efforts to finalize a permanency plan is not made in
accordance with the schedule prescribed in paragraph
(b)(2)(i) of this section, the child becomes ineligible under
title IV-E at the end of the month in which the judicial
determination was required to have been made, and
remains ineligible until such a determination is made.
Copr. ® West 2002 No Claim to Orig. U.S.'Govt. Works
45 CFR § 1356.60
45 C.F.R § 1356.60
(3) Circumstances in which reasonable efforts are not
requited to prevrnt a child's removal from home or to
reunify the child and family. Reasonable efforts to prevent
a child's removal from home or to reunify the child and
family are not required if the State agency obtains a judicial
determination that such efforts aze not required because:
(i) A court of competent jurisdiction has detemtined that
the pazent has subjected the child to aggravated
circumstances (as defined in State law, which definition
may include but need no[ be limited to abandonment,
torture, chronic abuse, and sexual abuse);
(ii) A court of competent jurisdiMion has determined that
the parent has been convicted of:
(A) Murder (which would have been an offense under
section Illl(a) of title 18. United States Code. if the
offense had occurted in the special maritime or territorial
jurisdiction of the United States) of another child of the
parent;
(B) Voluntary manslaughter (which would have been an
offense under section I112(al of title 1S. United States
CJde if the offense had occurred in the special maritime or
territorial jurisdiction of the United States) of another child
of the parent;
(C) Aiding or abetting, attempting, conspiring, or soliciting
to commit such a murder or such a voluntary manslaughter;
or
(D) A felony assault that results in serious bodily injury to
the child or another child of the pazent; or,
(iii) The parental rights of the pazent with respect to a
sibling have been terminated involuntarily.
(4) Concumnt planning. Reasonable efforts to finalize an
alternate permanency plan maybe made concurtently with
reasonable efforts [o reunify the child and family.
(5) Use of the Federal Pazent Locator Service. The State
agency may seek the services of the Federal Parent Locator
Service to search for absent pazrnts at any point in order to
facilitate a permanency plan.
(c) Contrary to the welfare detemilnation. Under section
472(a)(1) of [he Act, a child's removal from the home must
have been the result of a judicial determination (unless the
child was removed pursuant to a voluntary placement
agreement) to the effect that continuation of residence in
the home would be contrary to the welfare, or that
placement would be in the best interest, of [he child. The
contrary to the welfare determination must be made in the
first court ruling [hat sanctions (even temporarily) the
removal of a child from home. If the determination
regarding contrary to the welfaze is not made in the first
court mling pertaining to removal from the home, [he child
is no[ eligible for title N-E foster care maintenance
payments for the duration of that stay in foster care.
Page 6
(d) Documentation of judicial determinations. Thejudicial
determinations regarding contrary to the welfare,
reasonable efforts to prevrnt removal, and reasonable
efforts to finalize the permanrncy plan in effect, including
judicial determinations that reasonable efforts aze not
required, must be explicitly documented and must be made
on a case-by-case basis and so stated in the court order.
(1) L`. the reasonable efforts and contrary to the welfaze
judicial determinations are not included as required in the
court orders identified in pazagraphs (b) and (c) of this
section, a transcript of the court proceedings is the only
other documentation that will be accepted to verify that
these required determinations have been made.
(2) Neither affidavits nor none pro tune orders will be
accepted as verification documentation in support of
reasonable efforts and contrary to [he welfare judicial
determinations.
(3) Court orders [hat reference State law to substantiate
judicial determinations aze not acceptable, even if State law
provides that a removal must be based on a judicial
determination that remaining in the home would be
contrary [o the child's welfaze or that removal can only be
ordered after reasonable efforts have been made.
(e) Trial home visits. Atrial home visit may not exceed
six months N duration, unless a court orders a longer trial
home visit. If a trial home visit extends beyond six months
and has not been authorized by the court, or exceeds the
time period the court has deemed appropriate, and the child
is subsequently returned to foster care, that placement must
thrn be considered anew placement and title N-E
eligibility must be newly established. Under these
circumstances the judicial determinations regazding
contrary to the welfare and reasonable efforts to prevent
removal aze required.
(f) Case review system in order to satisfy the provisions
of section 47l(a)(16) of the Act regazding a case review
system, each State's case review system must meet the
requirements of sections 475(5) and 475(6) of the Act.
(g) Case plan requirements. In order to satisfy the eau
plan requirements of sections 471(a)(16), 475(1) and
475(5)(A) and (D) of the Act, the State agency must
promulgate policy materials and instmctions for use by
State and local staff to detemilne the appropriateness ofand
necessity for the foster Gaze placement of the child. The
case plan for each child must:
(1) Be a written document, which is a disaete part of the
case record, in a format determined by the State, which is
developed jointly with the parent(s) or guardian of the child
in foster care; and
(2) Be developed within a reasonable period, to be
established by the State, but in no event later than 60 days
from the child's removal from [he home pursuant to
paragraph (k) of this section;
Copr. ® West 2002 No Claim to Orig. U.S. Govt. Works
45 CFR § 1356.60
45 C.F.R.§ 1356.60
(3) Include a discussion of how the case plan is designed to
achieve a safe placement for the child in the least restrictive
(most family-like) setting available and in close proximity
to the home of the pazrnt(s) whrn the case plan goat is
reunification and a discussion of how the placemrnt is
consistent with the but interests and special needs of the
child. (FFP is not available whrn a court orders a
placement with a specific forter care provider);
(4) Include a description of the services offered and
provided [o prevent removal of the child from the home and
to reunify the family, and
(5) Document the steps to finalize a placement when the
case plan goal is or becomes adoption or placement in
anothtt pemiattent home in accordance with sections
475(1)(E) and (5)(E) of the Act. When the case plan goal
is adoption, at a minimum, such documentation shall
include child-specific recruitment efforts such as the use of
State, regional, and national adoption exchanges including
electronic exchange systems.
(This requitemrnt has been approved by the Office of
Management and Budget under OMB Control Number
0980-0140. In accordance with the Paperwork Reduction
Act of 1995, an agency may not conduct or sponsor, and a
person is not required to respond [o, a coltection of
information unless i[ displays a currently valid OMB
conhol number.)
(h) Application of the permanency hearing requirements.
(1) To meet [he requirements of the permanency hearing,
the State must, among other requirements, comply with
section 475(5)(C) of the Act.
(2) Tn accordance with paragraph (b)(3) of this section,
when a court determines that reasonable efforts to return
[he child home are no[ required, a pemtanency hearing
must be held within 30 days of that determination, unless
the requirements of the permanency hearing are fulfilled at
the hearing in which the court determines that reasonable
efforts to reunify the child and family aze not required.
(3) If the State concludes, after considering reunification,
adoption, legal guazdianship, or pem~anrnt placement with
a fit and willing relative, that the most appropriate
permanency plan for a child is placement m anothtt
planned permanrnt living arrangement, the State must
document [o the court the compelling reason far the
alternate plan. Examples of a compelling reason for
establishing such a permanency plan may include:
(i) The case of an older tern who specifically requests that
emancipation be established as his/her permanency plan;
(ii) The case of a parent and child who have a significant
bond but the parent is unable to care for the child because
of an emotional or physical disability and the child's foster
parenu have committed to raising himfitt to the age of
majority and to facilitate visitation with [he disabled pazent;
or,
Page 7
(iii) the Tnbe has idrn[ified another planned permanent
living arrangement for [he child.
(4) When an administrative body, appointed or approved
by the court, conducts [he pemtanency hearing, the
procedural safeguazds set forth in the definition of
permanency hearing must be so extended by the
administrative body.
(i) Application of the requirements for filing a petition to
temanate pazrntal rights at section 475(5)(E) of the Social
Security Act.
(1) Subject to the exceptions in paragraph (i)(2) of this
section, the State must file a petition (or, if such a petition
has been filed by another party, seek to be joined as a party
to the petition) to terminate the pazental rights of a
parent(s):
(i) Whose child has bern in foster caze under the
responsibility of the State for 15 of the most recent 22
months. The petition must be filed by the end of the child's
fiReenth month in foster care. In calculating when to file a
petition for termination of parental rights, the State:
(A) Mus[ calculate the 15 out of the most recent 22 month
period from the date the child is considered to have entered
foster care as defined at section 475(5)(F) of the Act and §
1355.20 of this part;
(B) Must use a cumulative method of calculation when a
child experiences multiple exits from and entries into foster
care during the 22 month period;
(C) Must not include trial home visits or runaway episodes
in calculating 15 months in foster care; and,
(D) Need only apply section 475(5)(E) of the Act to a child
once if the State does not file a petition because one of the
ezceptions at paragraph (i)(2) of this section applies;
(ii) Whose child has been determined by a court of
competent jurisdiction to be an abandoned infant (as
defined undtt State law). The petition to terminate parental
rights must be filed within 60 days of the judicial
detcmanation that the child is an abandoned infant; or,
(iii) Who has been convicted of one of the felonies listed at
paaagraph (b)(3)(ii) of this section. Under such
circumstances, the pefifion [o terminate pazental rights must
be filed within 60 days of a judicial determination that
reasonable efforts to reunify the child and parent aze not
required ,
(2) The State may elect no[ to file or join a petition [o
[emanate the pazental rights of a parent per paaagraph (i)(1)
of this section if:
(i) At the option of the State, [he child is being Gazed for by
a relative;
Copr. ® West 2002 No Claim to Orig. U.S. Govt. Works
45 CFR § 1356.60
45 C.F.R § 1356.60
(ii) The State agency has documented in the case plan
(which must be available for court review) a compelling
reason for determining that filing such a petition would not
be in the best interests of the individual child. Compelling
reasons for not filing a petition to [emanate parental rights
include, but are not limited to:
(A) Adoption is not the appropriate permanency goal for
the child; or,
(B) No grounds to file a petition to [emanate parental
rights exist; ar,
(C) The child is an unaccompanied refugee minor as
defined in 45 CFR 400.11 l; or
(D) There aze international legal obligations or compelling
foreign policy reasons that would preclude terminating
parental rights; or
(iii) The State agency has not provided to the family,
consistent with the time period in the case plan, services
that the State deems necessary for the safe return of the
child to the home, when reasonable efforts to reunify the
family are required.
(3) When the State files or joins a petition to terminate
parental rights in accordance with paragraph (i)(1) of this
section, it must concurrently begin to identify, recruit,
process, and approve a qualified adoptive family for the
child.
(j) Child of a minor parent in foster care. Foster care
maintenance payments made on behalf of~a child placed in
a foster family home or child care institution, who is the
parrnt of a son or daughter in the same home or institution,
must include amounts which are necessary [o cover costs
incurted an behalf of the child's son or daughter. Said costs
must be limited to funds expended on items listed in the
definition of foster care maintenance payments in §
1355.20 of this part.
(k) Removal from the home of a specified relative.
(1) For the purposes of meeting the requiremrnts of section
472(axl) of the Act, a removal from the home must occur
pursuant to:
(i) A voluntary placement agreement entered into by a
parent or guardian which leads to a physical or constructive
removal (i.e., anon-physical or paper removal of custody)
of the child from the home; or
(ii) A judicial order for a physical or constmctive removal
of the child from a parent or specified relative.
(2) A removal has not occurred in situations where legal
custody is removed from the parent or relative and the child
remains with the same relative in that home under
supervision by the State agency.
Page 8
(3) A child is considered constructively removed on the
date of the first judicial order removing custody, even
temporarily, from the appropriate specified relative or the
date that the voluntary placement agreement is signed by
all relevant parties.
(1) Living with a specified relative.For purposes of meeting
the requirements for living with a specified relative prior to
removal from the home under section 472(a)(I) of [he Act
and all of the conditions under scction 472(a)(4), one of the
two following situations must apply:
(1) The child was living with the parent or specified
relative; and was AFDC eligible in that home in the month
of the voluntary placement agreement or initiation of court
proceedings; or
(2) T'he child had been living with the parent or specified
relative within six months of the month of the voluntary
placemrnt agreement or the initiation of court proceedings,
and the child would have been AFDC eligible in that month
if s/he had still been living in that home.
(m) Review of payments and licensing standards. In
meeting the requirements of section 471(a)(11) of the Act,
the State must review at reasonable, specific, time-limited
periods to be established by the State:
(1) The amount of the payments made for foster care
maintenance and adoption assistance to assure their
continued appropriateness; and
(2) The licensing or approval standards for child care
institutions and foster family homes.
(n) Foster care goals. The specific foster care goals
required under section 471(a)(14) of the Act must be
incorporated into State law by statute or administrative
regulation with the force of law.
(o) Notice and opportunity to be heard. The State must
provide the foster pazent(s) of a child and any preadoptive
parent or relative providing care for the child with timely
notice of and an opportunity to be heard in permanency
hearings and six-month periodic reviews held with respect
to the child during the time the child is in the care of such
foster parent, preadoptive parent, or relative caregiver.
Notice of and an opportunity to be heard does not include
the right [o standing as a party to the case.
148 FR 231 l6. May 23, 1983; 65 FR 4088. Jan. 25, 2000;
66 FR 58676 Nov. 23, 2001]
45 C. F. R § 1356.21
45 CFR § 1356.21
Copr. ® West 2002 No Claim to Orig. U.S. Govt. Works
45 CFR § 1356.60
45 C.F.R.§ 1356.60
CODE OF FEDERAL REGULATIONS
TITLE 45-PUBLIC WELFARE
SUBTITLE B-REGULATIONS RELATING TO
PUBLIC WELFARE
CHAPTER XIII-OFFICE OF HUMAN
DEVELOPMENT SERVICES. DEPARTMENT OF
HEALTH AND
HUMAN SERVICES
SUBCHAPTER G--THE ADMINISTRATION ON
CHILDREN. YOUTH AND FAMILIES. FOSTER
CARE MAINTENANCE PAYMENTS. ADOPTION
ASSISTANCE. AND CHH.D AND FAMILY
SERVICES
PART 1356-REOUIREMEN7S APPLICABLE TO
TITLE N-E
Current through Febmary 5, 2002; 67 FR 5427
& 1356.60 Fiscal requirements (title iV-EI.
(a) Federal matching funds for foster care maintenance
and adoption assistance payments.
(1) Effective October 1, 1980, Federal financial
participation (FFP) is available to States under an approved
title IV-E State plan for allowable costs in expenditures for:
(i) Foster care maintenance payments as defined in section
475(4) of the Act, made in accordance with 45 CFR
1356.20 through 1356.30 of this part, section 472 of the
Act and section ]02(dl of Pub.L. 96-272. the Adoption
Assistance and Child Welfare AM of 1980;
(ii) Adoption assistance payments made' in accordance
with 45 CFR 1356.20 and 1356.40 and sections 473 and
475(3) of the Act.
(2) Federal financial participation is available az the rate of
the Federal medical assistance percentage as defined in
section 1905(b) of [he Act, Definitions, and pertinent
regulations as promulgated by the Secretary, or his
designee.
(b) Federal matching funds for State and local paining for
foster care and adoption assistance under title N-E.
(I) Federal financial participation is available at the rate of
seventy-five percent (75%) in the costs of:
(i) Training personnel employed or preparing for
employment by the State or local agency administering the
Plan, and:
(ii) Providing short-term training (including Pavel and per
diem expenses) [o current or prospective foster or adoptive
parents and the members of the state licensed or approved
child caze instmtions providing care to foster and adopted
children receiving title IV-E assistance.
(2) All training activities and costs funded under title N-E
shall be included in the State agency's training plan for title
Copr. ® West 2002 No
Page 9
N-B.
(3) Short and long term training at educational institutions
and in-service training maybe provided in accordance with
the provisions of § § 235.63 through 235.66(a) of this title.
(c) Federal matching funds for other State and local
administrative expenditures for foster care and adoption
assistance under title IV-E. Federal financial participation
is available at the rate of fifty percent (50%) for
administrative expenditures necessary for the proper and
efficient administration of the title N-E State plan. The
Staze's cost allocation plan shall identify which costs are
allocated and claimed under this program
(t) The detemilnation and redetemtination of eligibility,
fair hearings and appeals, rate setting and other costs
directly related only to the administration of the foster care
program under this part are deemed allowable
administrative costs under this paragraph. They may not be
claimed under any other secton or Federal program.
(2) The following are examples of allowable
administrative costs necessary for the administration of the
foster care program:
(i) Referral to services;
(ii) Preparation for and participation in judicial
determinations;
(iii) Placement of the child;
(iv) Development of [he cash plan;
(v) Case reviews;
(vi) Case management and supervision;
(vii) Recruitment and licensing of foster homes and
institutions;
(viii) Rate setting; and
(ix) A proportionate share of related agency overhead.
(x) Costs related to data collection and reporting.
(3) Allowable administrative costs do not include the costs
of social services provided to the child, the child's family or
foster family which provide counseling or treatment to
ameliorate or remedy personal problems, behaviors or
home conditions.
(d) Cost of the data collection system
(1) Costs related to data collection system initiation,
implementation and operation may be charged as an
adminispative cost of title N-E at the 50 percent matching
rate subject to the restrictions in paaagraph (d)(2) of this
section.
Maim to Orig. U.S. Govt. Works
45 CFR § 1356.60
45 C,F.R. § 1356.60
(2) For information systems used for purposes other than
those specified by seMion 479 of the Act, costs must be
allocated and must beaz the same ratio az the foster care
and adoption population bears to the total population
contained in the information system as verified by reports
from all other programs included in the system.
(e) Federal matching funds for SACWIS. All expenditures
of a State to plan, design, develop, install and operate the
Statewide automated child welfare information systcm
approved under § 1355.52 of this chapter, shall be heated
az necessary for the proper and efficient administration of
the Staze plan without regard to whether the system maybe
used with respect to foster or adoptive children other than
those on behalf of whom foster care maintenance or
adoption assistance payments may be made under this part.
[47 FR 30925. 7uly 15, 1982, az amended at 48 FR 23117.
May 23, 1983; 53 FR 50221. Dec. 14, 1988; 58
67938.6794], Dec. 22, 1993; 60 FR 26839. May 19, 1995;
65 FR 4D91. Jan. 25, 2000; 66 FR 58677. Nov. 23, 2001]
<General Materials (GM) -References, Annotations, or
Tables>
45 C. F. R § 1356.60
45 CFR § 1356.60
END OF DOCUMENT
Page 10
Copr. 6d West 2002 No Clair to Orig, U.S. Govt. Works