JUNE 2018

6.3CPA Open Enrollment Contract Documents File – Table of Contents

6.3.1 DFPS Vendor Supplemental, Special & Programmatic Conditions for CPA

6.3.2 DFPS Vendor Uniform Terms and Conditions

6.3.3 Residential Child Care Services Performance Measures for CPA

Revision Posted 09/01/2020

N502 FORM-5622V

SEPTEMBER 2019

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICESVENDOR SUPPLEMENTAL, SPECIAL & PROGRAMMATIC CONDPAGE 15

N502 FORM-5622V

NOVEMBER 2019

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICESVENDOR SUPPLEMENTAL, SPECIAL & PROGRAMMATIC CONDITIONS PAGE

6.3.1 - TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

VENDOR SUPPLEMENTAL, SPECIAL & PROGRAMMATIC CONDITIONS FOR CPA

SECTION I

SUPPLEMENTAL CONDITIONS

There are no Supplemental Conditions that modify the DFPS Vendor Uniform Terms and Conditions.

SECTION II

SPECIAL CONDITIONS

In addition to the DFPS Uniform Terms and Conditions, the Contractor agrees to comply with the following DFPS Vendor Special Conditions.

A. REPORTING ABUSE, NEGLECT, OR EXPLOITATION. Contractor will report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family Code Chapter 261. All reports must be made within 24 hours of the discovery of the suspected abuse, neglect, or exploitation.

Contractor will also report as required by the state law in which their facility is located to the applicable oversight agency any investigation of abuse or neglect by any employee, professional level service provider, volunteer, or other person in connection with providing services under this Contract or in contact with a DFPS child or Contractor.

B. REMEDIES.

In addition to any other remedy provided under this Contract or state or federal law, DFPS may impose the following.

1. Technical Resolution. DFPS and Contractor will enter into a joint technical resolution process. Both parties will hold face to face meetings, scan calls or teleconferences where both parties will identify issues, barriers, potential solutions, and implementation strategies to fix noncompliance and performance issues. DFPS will document these sessions and provide Contractor with a final technical guidance document to aid in implementation.

2. Corrective Action Plan (CAP). DFPS will provide the Contractor with a CAP that identifies areas of noncompliance, poor performance, or other deficiencies.

a.Contractor must respond in writing within the timeframes required in the CAP, address each identified defect, and provide an appropriately thorough response to the DFPS for review and approval.

b. Upon receipt of the DFPS’s approval, the Contractor must implement and maintain compliance with the requirements of the CAP.

3. Placement Action. DFPS reserves the right to:

a. Temporarily or permanently remove any or all Child subject to the terms of this Contract; and/or

b. Suspend and/or limit any further placements and place additional conditions on the Contractor.

4. Suspension. DFPS may suspend or remove all or any part of the Contract.

5. Removal of Staff. DFPS reserves the right to require Contractor to remove any employee, volunteer, or agent of the Contractor or any subcontractor from the provision of services under this contract or to prohibit any employee, volunteer, or agent of the Contractor or any subcontractor from having direct contact with DFPS referred clients or client records.

6. Liquidated Damages. Effective March 1, 2019, Contractor agrees that DFPS may recover liquidated damages as provided below:

a. Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Checkup (also known as Texas Health Steps Checkup). As required by Texas Human Resources Code §42.0432(b), DFPS will assess liquidated damages when the Contractor fails to ensure that EPSDT checkups are completed.

i. Compliance Requirements are at 26 TAC § 749.1151.

ii. Liquidated damages will be assessed when the child is new to care with DFPS and this child has been in the Contractor’s care 30 days within 90 days of the child’s removal.

iii. $100 for each instance of non-compliance up to and including the 10th instance.

iv. $150 for each instance of non-compliance after the 10th instance.

b. Trauma Informed Care (TIC) Training. DFPS will assess liquidated damages when the Contractor fails to comply with TIC Training.

i. Compliance Requirements are at Sections 5500 - 5540 in the Requirements.ii. $250 for each instance of non-compliance up to and including the 10th instance.iii. $500 for each instance of non-compliance after the 10th instance.

c. Emergency Behavior Intervention (EBI) Training. DFPS will assess liquidated damages when the Contractor fails to comply with EBI training requirements.

i. Compliance Requirements are at 26 TAC §§749.863, 749.901 and 749.903.

ii. $250 for each instance of non-compliance up to and including the 10th instance.

iii. $500 for each instance of non-compliance after the 10th instance.

d. Background History Check Compliance. DFPS will assess liquidated damages when the Contractor fails to comply with Background History Check requirements.

i. Compliance Requirements are Section VII (C) of the DFPS Vendor Uniform Terms and Conditions, Subchapter F in 40 TAC 745, and Section 2.8 of the Open Enrollment.

ii. $250 for each instance of non-compliance up to and including the 10th instance of non-compliance.

iii. $500 for each instance of non-compliance after the 10th instance of non-compliance.

e. Continuous 24-Hour Awake Supervision Compliance. Beginning September 1, 2020, DFPS will assess liquidated damages when the Contractor fails to provide continuous 24-hour awake supervision to children consistent with requirements described in this Contract and all its incorporated documents, including, but not limited to, Section 1115 Continuous 24-Hour Awake Supervision of the 24-Hour Residential Child Care Requirements. Liquidated damages are found in Appendix V. 24-Hour Awake Supervision Progressive Intervention and Liquidated Damages of the 24-Hour Residential Child Care Requirements.

7. Performance Remedy - Safe in Care. Beginning March 1, 2019, and in accordance with Texas Human Resources Code §40.058(f), DFPS will collect financial remedies in instances where Contractor fails to meet the target of 100% for Performance Measure Outcome #1.

a. Compliance Requirements are in Performance Measure Outcome #1 in Section 6.3.3.

b. On an annual basis following the end of each State of Texas fiscal year, DFPS will collect a remedy that equals the percent of DFPS children in Contractor’s care not kept safe (as described in Performance Measure Outcome #1) multiplied by the total amount in contract utilization that DFPS has made to Contractor for the fiscal year. Contract utilization is defined as any payment made under the applicable contract during the months of September through August less the Foster Parent Minimum Reimbursement Funds.

c. If any disposition of Reason to Believe (RTB) associated with the child’s/youth’s safety are subsequently overturned, DFPS will return the collected remedy to the Contractor for that overturned RTB disposition.

8. Liquidated Damages and Remedies Cap. DFPS will cap all damages and remedies collected under Subsections 6 and 7 above to 10% of the contract utilization amount that DFPS paid to Contractor under this Contract.

C. PERFORMANCE INCENTIVE. Effective September 1, 2019, under Texas Human Resources Code §40.058(f), DFPS may provide financial incentives in instances where Contractor exceeds the target for the following Performance Measures in Section 6.3.3. Financial incentives are dependent on the Liquidated Damages and Remedies collected by DFPS as provided for in Subsection H above and appropriations.

1.Older Youth Placements (See Performance Measure #5 in Section 6.3.3).

2.Sibling Group Placements (See Performance Measure #6 in Section 6.3.3).

D. INFORMATION SECURITY REQUIREMENTS. Contractor must comply with: http://www.dfps.state.tx.us/Doing_Business/documents/Contractor_Data_and_System_Security_Requirements.pdf and agrees to periodically check for any updates made to this document and comply with any updates made to these requirements.

E. REMOVAL OF ACCESS. Contractor will immediately remove access capabilities to any DFPS automated/internet-based application(s), or immediately notify DFPS that access to such applications needs to be terminated for an employee, subcontractor, or volunteer whose employment, subcontract, or volunteer term with Contractor has ended for any reason.

F. PAYMENTS UNDER STATE PLANS APPROVED UNDER TITLE IV-E AND TANF. As applicable, Contractors must seek payment or adjustment to payments in accordance with the time limit specified in 45 Code of Federal Regulations (CFR) 95.1 that provides a two-year (eight fiscal year quarters) time limit for a State to claim Federal financial participation in expenditures under State plans approved under Title IV-E and Temporary Assistance for Needy Families (TANF).

Any invoice or amended invoice that is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed within the time limits provided in the CFR.

G. BACKGROUND HISTORY CHECKS - DISALLOWANCE OF TITLE IV-E FUNDS.

If this Contract is funded in part or whole by Title IV-E Funds, then during a federal audit, if there is a finding that Contractor has not performed required checks within the timeframes required by the Contract, this finding can result in a disallowance of Title IV-E funds claimed on behalf of the client. In addition to any other remedy under this Contract, DFPS can require the Contractor to reimburse DFPS for such disallowances, including disallowed costs related to foster care maintenance payments, administrative costs and interest.

H. REPORTING. The Contractor shall accurately complete cost reports, time studies, Internal Control Structure Questionnaires (ICSQs), Contract Monitoring surveys, and any other reports required and requested by the Department within time frames specified by DFPS. The Contractor must submit annual cost reports as required by 1 TAC §§355.7101-7103.

I. COST REPORT TRAINING. The Contractor acknowledges and agrees that individuals responsible for preparing the Contractor’s cost reports shall:

1. Attend HHSC cost report training in compliance with 1 TAC §355.7101 prior to submitting an annual cost report; and

2. Attach a copy of the preparer’s training certificate to each completed cost report.

J.INSURANCE.

1.The Contractor will provide DFPS documentation of insurance coverage that meets or exceeds the amount in below and will maintain this insurance coverage and comply with this Section throughout the Contract Term, including any renewals.

a. Commercial General Liability – $1,000,000 per occurrence and $2,000,000 aggregate

b. Professional Liability – $1,000,000 per occurrence and $2,000,000 aggregate

c. Crime Policy (3rd Party Endorsement) – $250,000

d. Business Automobile Liability (Owned & Hired Endorsements and Non-owned Auto) – $1,000,000

2.This insurance coverage will be with insurance companies or equivalent providers that are rated for financial purposes “B” or higher by A.M. Best, as applicable. This insurance company or equivalent provider must be authorized or licensed to do business in the state where the Contractor is located.

3.The Contractor will obtain a Certificate of Insurance or equivalent documentation (hereinafter referred to as “Insurance Document”) with the types of coverage and limits carried by Contractor that meets the requirements in Subsection 1 and provide this Insurance Document to DFPS prior to or upon Contract execution.

4.If the Contractor’s insurance coverage required by this Section is renewed, no longer current or there is a material change to the Insurance Document, then the Contractor will provide DFPS with a current Insurance Document. Furthermore, the Contractor agrees to provide this Insurance Document to DFPS in a manner that ensures DFPS has a current Insurance Document on file at all times and will provide additional or requested documentation at any time to DFPS.

5.When an equivalent insurance coverage or Self-Insurance Plan is submitted to satisfy the DFPS insurance coverage requirements in Subsection 1, DFPS may request that additional information be provided by Contractor or Contractor's insurance company or equivalent provider.

6.DFPS has the sole discretion to determine whether an Insurance Document provided to DFPS will be accepted as documentation that the Contractor has met this Section’s requirements.

7.DFPS may require the Contractor to provide any additional documentation to meet the requirements of this Section. DFPS may request that the Contractor permit DFPS to contact Contractor’s insurance company or equivalent provider directly. The Contractor will provide any documents required by DFPS under this Section without additional expense or delay.

K. ASSESSMENTS OF PHYSICAL FACILITIES AND OPERATIONS. The Contractor will allow periodic assessments of its physical facilities and operations, which may include specific homes, by DFPS employees or DFPS authorized representatives. The Contractor's physical facilities and operations will be approved by the DFPS based on assessments prior to and during the Contract Term.

L. CONTRACT TERMINATION AND END OF CONTRACT TERM.

In addition to the requirements in the Uniform Terms and Conditions, the following will apply.

1. At the end of the Contract term or other contract termination, the Contractor will, in good faith and in reasonable cooperation with DFPS, aid in the transition to any new arrangement or provider of services.

2. In the event this is not possible to continue to provide services at the end of expiration of the Contract, the Contractor and DFPS will work together to ensure that services are continued or transitioned for the Child in accordance all terms and conditions of this Contract, as long as the Child is eligible for services.

3. DFPS will reimburse the Contractor for any services provided after the date of Contract termination or Contract expiration until all Child are removed from receiving the Contractor’s services as long as the Child remains eligible to receive services.

4. DFPS will terminate this Contract if the Contractor is found liable for or has a contract, license, certificate, or permit of any kind revoked for Medicaid fraud.

SECTION III - PROGRAMMATIC CONDITIONS

A. OUT-OF-STATE CONTRACTORS. In addition to the Requirements in Section 2.2.1 of this Open Enrollment, the following information also applies to Out-of-State Contractors with facilities located outside of Texas in which a DFPS Child is placed and will receive services. When reviewing these Requirements to ensure compliance, the Contractor will add the following information to the applicable Section in the Requirements.

1. 1410 Notifications Made to DFPS by the Provider

a. If the Contractor provides the Caseworker, Caseworker's Chain of Command, and State Office Discharge Mailbox at DFPSdischarge@dfps.state.tx.us with documentation from a Psychiatrist, licensed Psychologist, physician, Licensed Clinical Social Worker or Licensed Professional Counselor or equivalent licensed mental health professional by the Contractor’s out-of-state equivalent licensing authority, showing that the Child consistently exhibits behavior that cannot be managed within licensed Programmatic Services, the DFPS will remove the Child within 14 calendar days.

b. If the Child in your care contracts a communicable disease that the law requires you to report to the state agency in the state in which the Contractor’s facility is located, (relating to control of communicable diseases) as soon as possible, but no later than 24 hours after the Contractor becomes aware of the communicable disease.

c. An adult who has contact with the Child contracts a communicable disease that the any state or federal law requires the Contractor to report to the applicable agency in the state in which the Contractor’s facility is located, relating to the control of communicable diseases;

d. An investigation of abuse or neglect by an entity of an employee, professional level service provider, volunteer, or other adult at the operation.

2. 4700 Discipline and Crisis Management

Contractor will develop and implement Discipline policies that are consistent with the standards set by the out-of-state equivalent licensing authority in which the Contractor’s facility is located.

3. 4720 De-Escalation and Crisis Management

Contractor will utilize developmentally and age appropriate de-escalation techniques that are consistent with the standards set out-of-state equivalent licensing authority in which the Contractor’s facility is located to resolve emergencies.

4. Section 5500 Trauma-Informed Care

a. Each Caregiver and employee who provides direct care must complete mandated required hours of Trauma Informed Care Training of the State which they are located, prior to being the only Caregiver responsible for a Child in care.

b. Certification of completed Trauma Informed Care Training must be placed in staff records and documented in accordance with the applicable child welfare licensing authority of the state in which the Contractor is located. DFPS approved Trauma Informed Care Training can be found at: https://www.fostercaretx.com/content/fostercaretx/en_us/for-members/resources/training.html and http://www.dfps.state.tx.us/training/trauma_informed_care/.

5. Section 6000: Educational and Vocational Activities and Appendix III Section B401

All references to “public school” in this Section and the Appendix will include that the public school in which the child is enrolled must be accredited by the applicable licensing authority of the State in which the Contractor’s facility is located.

B. Intensive Foster Family Care Services (Formerly Referred to as Attachment G). If a CPA Contractor has been approved to participate in the Intense Foster Family Care Services (IFFCS), this approval will be indicated on their Contract and the Contractor agrees to comply with this Section.

1. DFPS will not pay the Contractor the Intense Level rate until the Contractor has complied with the process referenced below in this Section.

2. Approval Procedures for Children with Primary Medical Needs (PMN). For foster homes who are verified to provide residential child care for children with PMN, the following policy and procedure will be utilized.

a. Within 30 days of placement or an increase to the Intense Service Level for a Child who is already placed in a foster home verified for the Intense Service Level and who has Treatment Services as PMN, the Contractor must submit the date of foster home verification and a copy of the foster home screening to the Designated CPS State Office Placement Program Specialist.

b. The Designated CPS State Office Placement Program Specialist notifies the State Office Foster Care Billing Program Specialist who updates the foster home's IMPACT verification.

c. The Contractor will be paid the Intense Service Level foster care rate for the placement of the Child in accordance with the date of foster home verification.

3. Pre-Placement Approval Procedures for Children with Emotional Disturbance, Intellectual or Developmental Disability or Pervasive Developmental Disorder. Prior to the placement of a child with an Emotional Disturbance, Intellectual or Developmental Disability or Pervasive Developmental Disorder and a Service Level of Intense, the Contractor will not be paid at the Intense Service Level unless the following process is completed and the Contractor has been approved by DFPS:

a. If the Contractor wants to verify a foster home for the Intense Service Level before a Child has been identified for placement:

i. The Contractor shall submit the foster family's previous foster home screening, amended foster home screening, and a copy of the foster home’s verification to the Designated CPS State Office Placement Program Specialist.

ii. The Designated CPS State Office Placement Program Specialist will submit the foster home screening to the Service Level Monitor within one business day.

iii. The Service Level Monitor will review the Contractor's foster home screening to determine the foster home’s Service Level compliance with the Intense Service Level Indicators (Requirements)

iv. The Service Level Monitor will issue a letter of compliance or noncompliance to DFPS staff and the Contractor within ten business days.

v. If the Contractor receives a letter of noncompliance, the decision is final; however the Contractor may submit a new application for consideration.

b. If the Contractor wants to verify a foster home for the Intense Service Level for the placement of a Child whose Service Level is Intense prior to such placement:

i. The Contractor shall submit the foster family's previous foster home screening, amended foster home screening, a copy of the foster home’s verification and the name of the Child to the Designated CPS State Office Placement Program.

ii. The Designated CPS State Office Placement Program Specialist will submit the foster home screening and information regarding the Child to the Service Level Monitor within one business.

iii. The Service Level Monitor will review the foster home screening, the Child's information, the Contractor’s staffing plan, supervision plan and the Child’s Treatment Plan to determine the foster home’s Service Level compliance with the Intense Service Level Indicators (Requirements).

iv. The Service Level Monitor will issue a letter of compliance or noncompliance to DFPS staff and the Contractor within ten business days.

v. If the Contractor receives a letter of compliance:

· The Designated CPS State Office Placement Program Specialist notifies the State Office Foster Care Billing Program Specialist who updates the foster home's IMPACT verification; and

· The Designated CPS State Office Placement Program Specialist will notify the Contractor that the foster home has been approved to be paid at the Intense Service Level foster care rate, the Child may be placed and the Contractor will be paid the Intense Service Level foster care rate.

vi. If the Contractor receives a letter of noncompliance, the Contractor may submit a new application including an amended foster home screening for a new consideration of approval, but will not be paid until approved.

4. Post-Placement Approval Procedures for Children with Emotional Disturbance, Intellectual or Developmental Disability or Pervasive Developmental Disorder. When a Child with an Emotional Disturbance, Intellectual or Developmental Disability or Pervasive Developmental Disorder has been residing in a foster home and their Service Level is increased to Intense, the Contractor will not be paid at the Intense Service Level foster care rate unless the following process is completed and the Contractor has been approved by DFPS.

a. The Contractor must submit the request for approval to the Designated CPS State Office Placement Program Specialist within 30 days of the Child's Service Level increase to the Intense Service Level.

b. If the Contractor wants to be paid the Intense Service Level foster care rate for the placement of a Child whose Service Level increases to the Intense Service Level while placed in a foster home that is not verified for the Intense Service Level, the Contractor will not be paid at the Intense Service Level foster care rate unless the following process is completed and the Contractor has been approved by DFPS.

i. Within 30 days of the increase of the Child's Service Level to the Intense Service Level, the Contractor must submit the foster family's previous foster home screening, the amended foster home screening, a copy of the foster home’s verification, the Child's treatment plan and the Contractor's staffing plan to the Designated CPS State Office Placement Program Specialist.

ii. The Designated CPS State Office Placement Program Specialist will submit the foster home screening and information regarding the Child to the Service Level Monitor within one business day.

iii. The Service Level Monitor will review the foster home screening and the Child's information to determine the foster home’s Service Level compliance with the Intense Service Level Indicators (Requirements).

iv. The Service Level Monitor will issue a letter of compliance or noncompliance to DFPS staff and the Contractor within ten business days.

v. If the Contractor receives a letter of compliance:

· The Designated CPS State Office Placement Program Specialist notifies the State Office Foster Care Billing Program Specialist who updates the foster home's IMPACT verification; and

· The Designated CPS State Office Placement Program Specialist will notify the Contractor that the foster home has been approved to be paid at the Intense Service Level foster care rate, the Child may be placed and the Contractor will be paid the Intense Service Level foster care rate back to the date of the verification at the Intense Service Level.

vi. If the Contractor receives a letter of noncompliance:

· The approval process is completed, and the decision is final; and

· However, the Contractor may submit a new application including an amended foster home screening for a new consideration of approval, but will not be paid until approved.

c. If the Contractor fails to submit the request for approval to the Designated CPS State Office Placement Program Specialist within 30 days of the Child's Service Level increase to the Intense Service Level in a foster home that is not verified for the Intense Service Level, the Contractor may be paid back to the date of verification for the Intense Service Level only after the following process is completed and the Contractor has been approved by DFPS.

i. The Contractor must submit the foster family's previous foster home screening, the amended foster home screening, a copy of the foster home’s verification, the Child's treatment plan and the Contractor's staffing plan to the Designated CPS State Office Placement Program Specialist.

ii. The Designated CPS State Office Placement Program Specialist will submit the foster home screening and information regarding the Child to the Service Level Monitor within one business day.

iii. The Service Level Monitor will review the foster home screening and the Child's information to determine the foster home’s Service Level compliance with the Intense Service Level Indicators (Requirements).

iv. The Service Level Monitor will issue a letter of compliance or noncompliance to DFPS staff and the Contractor within ten business days.

v. If the Contractor receives a letter of compliance:

· The Designated CPS State Office Placement Program Specialist notifies the State Office Foster Care Billing Program Specialist who updates the foster home's IMPACT verification; and

· The Designated CPS State Office Placement Program Specialist will notify the Contractor that the foster home has been approved to be paid at the Intense Service Level foster care rate and the Contractor will be paid the Intense Service Level foster care rate back to the date the submission of the foster family and Child’s documentation was provided to the Designated CPS State Office Placement Program Specialist.

vi. If the Contractor receives a letter of noncompliance, the Contractor may submit a new application including an amended foster home screening for a new consideration of approval, but will not be paid until approved.

d. For the placement of a Child who is currently residing in a foster home which has been verified for the Intense Service Level, the Contractor must ensure that the continued placement of the Child has been approved by DFPS through the following procedures.

i. Within 30 days of the increase of the Child's Service Level to the Intense Service Level, the Contractor must submit the foster home screening, the Child's treatment plan and the Contractor's staffing plan to the Designated CPS State Office Placement Program Specialist.

ii. The Designated CPS State Office Placement Program Specialist will review the documentation and email the Contractor if the Child has been approved for continued placement and payment at the Intense Service Level foster care rate.

e. DFPS may recoup payment in the event that after review of documentation, it is determined by DFPS that the Contractor did not provide Intense Services to a Child placed in an approved IFFCS foster home.

C.Specific Provisions Regions 2 and 9 (Formerly Referred to as Attachment H). If a Contractor is located in Regions 2 and 9, and this Section is indicated on their Contract and the Contractor agrees to comply with this Section. Both DFPS and Contractor desire to continue some of the practices developed in DFPS Regions 2 and 9 under the Foster Care Redesign Initiative and this Section contains terms and conditions that seek to accomplish this goal.

1. Definitions. When used in this Section, the following terms will have the meanings as described in this Section. The definitions below do not apply to the Contract.

a. “Best Interests of the Child”: Determination of what course of action constitutes the best decision for foster children and youth in the State of Texas and made in accordance with Texas Family Code §263.307. DFPS retains final authority for any such determination made in relation to this Section C and Contract.

b. “Covered Children”: DFPS Foster Children and Youth who resided in DFPS Regions 2 and 9 (“Covered Regions”) at the time of removal (“Covered Children”) and who are placed by DFPS within this area for residential child care services as defined by this Contract and in this Section C.

c. “Covered Regions”: Term for DFPS Regions 2 and 9 includes Andrews, Archer, Baylor, Borden, Brown, Callahan, Clay, Coke, Coleman, Comanche, Concho, Cottle, Crane, Crockett, Dawson, Eastland, Ector, Fisher, Foard, Gaines, Glasscock, Hardeman, Haskell, Howard, Irion, Jack, Jones, Kent, Kimble, Knox, Loving, Martin, Mason, McCulloch, Menard, Midland, Mitchell, Montague, Nolan, Pecos, Reagan, Reeves, Runnels, Schleicher, Scurry, Shackleford, Sterling, Stephens, Stonewall, Sutton, Taylor, Terrell, Throckmorton, Tom Green, Upton, Ward, Wichita, Wilbarger, Winkler, and Young counties.

d. “Current Placements”: A DFPS foster child or youth placed with Contractor.

e. “Initial Coordination Meeting (ICM)”: A collaborative process between DFPS and Contractor that focuses on the unique individualized needs of the child or youth in DFPS conservatorship and outlines services to address those needs.

f. “New Placements”: A DFPS foster child or youth who DFPS has placed with Contractor immediately after removal.

g. “Out-of-Region Children or Youth”: DFPS foster children and youth who did not reside within the covered region at the time of removal.

2. Provider Council. Contractor agrees to participate in a provider council maintained and co-chaired by the DFPS Regional Directors for Regions 2 and 9 and one provider representative nominated by Region 2 and 9 providers and selected jointly by the DFPS Regional Directors for Regions 2 and 9. The provider council will seek to develop new policy and processes related to improving Texas Foster Care in the Covered Regions, including methods to develop additional capacity and services, best practices to streamline and coordinate services offered by different providers in order to improve outcomes for foster children/youth, and methods to engage local communities to participate in and support the foster care system in the Covered Regions. Contractor agrees to designate a single representative who has decision making authority for their respective agency to serve on this provider council. The provider council will meet at least once a month, unless both co-chairs agree to the cancelation of the council meeting. The provider council may meet more often at the discretion and mutual agreement of both co-chairs.

3. Placements in Covered Regions. DFPS will provide a placement preference for all Covered Children with Section D Providers. In addition, DFPS will not place any out-of-region foster children or youth within the Covered Regions without adhering to the placement protocols described in this Section.

a. Placement Protocol for Covered Regions. This Section describes the placement protocols DFPS will follow for placing out-of-region foster children or youth within the Covered Regions. All DFPS Investigative, FBSS, CVS, FAD, Centralized Placement Team (including Residential Treatment Placement Coordinators and Developmental Disability Specialists when applicable) and PAL (when youth or young adult is returning to extended foster care) staff will utilize this protocol when requesting placements across into the Covered Regions.

i. If it is determined that the best placement for the child identified by the Centralized Placement Team Coordinator or PAL staff is located in the Covered Regions, the caseworker must obtain approval for the placement by consulting his or her chain of command (supervisor, program director, program administrator) through the Regional Director. The caseworker must provide his or her chain of command justification of the placement into the Covered Regions, including:

· Why the placement is in the individual child’s best interest; and

· All alternate placement options pursued and the reason why t

ii. If the Regional Director approves the child’s placement located in the Covered Regions, the respective Regional Director from the Covered Regions area must be consulted and give final approval for the child’s placement into the Covered Regions.

b. Out of Region Placement Occurrences. DFPS will only make a paid foster care placement of an out of region child or youth into the Covered Regions on rare occasions as a placement of last resort. All such placements must be based on the best interest of the individual child (including, but not limited to, placing a child with his or her sibling(s) in the same verified kinship or foster/adoptive home).

c. Initial Coordination Meeting (ICM) is a collaborative process between DFPS and Contractor that focuses on the individualized needs of the child/youth in DFPS conservatorship and outlines services to address those needs. The goal of each meeting is to facilitate a complete exchange of all relevant information and documentation in a child/youth's case at one time and with all necessary stakeholders. Relevant information and documentation includes assessments, evaluations, medical reports, recommended services, and all other information that pertains to the child’s individual needs. Contractor must ensure that a staff member attends and participates in all ICM meetings. During the ICM, DFPS and Contractor jointly identify the child’s initial and concurrent permanency goals. The ICM takes the place of the traditional removal staffing.

i. Timeframes for ICM. Within seven days of a new placement after the removal of a DFPS foster child/youth, DFPS will host and participate in the ICM. DFPS may extend the ICM up to three days if the new placement occurs on a holiday or weekend day (Friday, Saturday, and Sunday) or inclement weather prevents the ICM from occurring as scheduled. Any other extensions of an ICM must be approved by the DFPS Program Director (PD).

ii. Coordination. Each Investigative PD in regions 2 and 9 has identified a day of the week to serve as the standard schedule for ICM’s in their area. The Investigative PD or designee will coordinate all meeting logistics, including scheduling with participants a meeting date and time, reserving a conference room and scan call line, ensuring all relevant participants are invited to the meeting, and providing notice (two business days) of the ICM to all participants.

To begin the coordination process, DFPS staff will send an email to the Investigative PD or designee containing all placement referrals. The first or subsequent service planning meeting date will be identified by Contractor prior to ending the ICM.

d. Child and Youth Service Planning. Child and youth service planning is a collaborative and inclusive process between DFPS, Contractor, the child/youth, family, and all other identified stakeholders that focuses on developing and reviewing plans to meet the individualized needs of the child/youth. In the Covered Regions, Contractor agrees to participate in joint service planning for all new (children placed with Contractor upon removal) and current placements (children currently placed with a DFPS Contractor in paid foster care).

e. Ethical Family Transfer Process.

i. Purpose.

· To delineate a transfer process between a family desiring to transfer and a family solicited, enticed, or encouraged to transfer their verification to another agency. It is important to note that DFPS’s primary goal is for all organizations to develop and open additional foster homes to serve children and youth entrusted to our mutual care.

· To facilitate a cooperative spirit between agencies in the DFPS Provider Community.

· To ensure the agency with whom the family is verified receives notification of a transfer request from the family and from the agency contacted; and to provide the agency that verified the family an opportunity to address concerns raised.

· To provide an opportunity for families in good standing with licensing, and those that have started the verification process with a Provider Network organization, to express their concerns and request a verification change, if necessary.

· To prevent the practice of organizations recruiting homes from other organizations within the existing DFPS Contracted Network and to minimize family transfers from one organization to another.

ii. Required Practices. During the term of the contract, no verified family or staff of a DFPS Contractor will be contacted by staff, volunteers, subcontractors, or affiliated entities of another DFPS Contractor for the purpose of recruitment or transfer to that Provider agency. This standard holds even when one organization is planning to close its operations, or is placed on placement hold by Residential Child Care Licensing and wishes to release its homes to other agencies. In these situations, the organization may request that the DFPS Foster Care Redesign Administrator for Regions 2 and 9 send a list of Provider Network organizations with contact information to the affected foster parents, for them to make their own contacts and decision about transferring verification.

· If a verified family contacts another agency for information about a potential transfer, or applies to change verification, the agency contacted will provide the family this Ethical Family Transfer Process and direct the family to discuss their concerns with the agency that developed their verification. The contacted agency must also inform the original verifying organization’s recruitment or program director by phone and by email, within five business days of contact, regarding the date of the family’s contact for a request to transfer (with a cc to the DFPS Foster Care Redesign Administrator for Regions 2 and 9).

· The contacted agency may have no further contact with the family for at least 30 days, or until they have received a release and closing summary from the verification organization, whichever is sooner, to allow sufficient time for that organization to meet with the family to resolve any outstanding issues that may be present.

· If the family still wishes to make a transfer, the originating organization will transfer verification information to the agency with whom the family wishes to transfer, with a closing summary and release form signed by an administrator of the organization, no later than 30 days after having received notification (with a cc to the DFPS Foster Care Redesign Administrator for Regions 2 and 9).

· DFPS encourages foster families and organizations to contact the DFPS Foster Care Redesign Administrator if families are solicited directly or indirectly in an unethical manner to make a transfer to another organization.

· The DFPS Foster Care Redesign Administrator will review all organizations’ recruitment plans and patterns in quarterly and annual reviews. Contractor agrees to provide this information to DFPS and also agrees to allow DFPS to disclose this information with the Provider Council at regular meetings.

f. Court Participation. Contractor will participate in all court hearings involving the DFPS Child/Youth referred to their care. Contractor must ensure that the foster parent or a staff person with personal knowledge of the child/youth's case attend all court hearings unless excused from doing so by the Court.

6.3.2 - TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

VENDOR UNIFORM TERMS AND CONDITIONS

SECTION I

FUNDING AVAILABILITY & FINANCIAL

A. FUNDING AVAILABILITY.

1. This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

2. DFPS is prohibited from incurring obligations in excess of amounts lawfully appropriated by the Texas Legislature over the course of a biennium.

B. PROMPT PAYMENT.

DFPS will pay Contractor according to the Prompt Payment Act, Texas Government Code Chapter 2251.

C. TRAVEL EXPENSES.

Travel expenses authorized by this Contract will be reimbursed according to the rates set by the State of Texas TexTravel (or its successor) program. Furthermore, DFPS reserves the right to reimburse at a rate equal to the rate DFPS employees receive even if the rates set by the State of Texas TexTravel are higher.

D. NO DEBT AGAINST THE STATE.

This Contract will not be construed as creating any debt by or on behalf of the State of Texas.

E. DEBT TO STATE.

If a law prohibits the Texas Comptroller of Public Accounts from making a payment, the Contractor acknowledges that DFPS’ payments under the Contract will be applied toward eliminating the Contractor’s debt or delinquency, regardless of when it arises.

F. RECAPTURE OF FUNDS.

Contractor agrees that:

1. DFPS will withhold all or part of any payments to Contractor to offset overpayments made to Contractor. Overpayments, as used in this Section, include payments made by DFPS that exceed the maximum allowable rates, not allowed under applicable laws, rules, or regulations or that are otherwise inconsistent with this Contract, including any unapproved expenditures;

2. It will return to DFPS any amounts paid that are disallowed pursuant to financial and compliance audit(s) of funds received under this Contract; and

3. Reimbursement of such disallowed costs will be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this Contract or from a source of federal funds derived from programs administered by DFPS or the State of Texas.

G. FINANCIAL REMEDIES. In addition to any other remedy under law, DFPS reserves the right to implement financial remedies based on monitoring or audit findings related to violations of this Contract’s requirements including recovery of all actual damages DFPS accrues as a result of a Contractor's noncompliance. As applicable to this Contract, additional financial remedies or liquidated damages may be provided for in this Contract’s Supplemental and Special Conditions.

H. INSURANCE.

1. Unless otherwise specified in this Contract, Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DFPS.

2. Contractor will provide evidence of insurance upon request by DFPS.

3. In the event that any policy is determined by DFPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DFPS, law or regulation.

4. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

SECTION II

RECORDS – ACCESS, AUDIT & RETENTION

A. RECORDS RETENTION AND ACCESS.

1. Contractor will keep and maintain accurate and complete records necessary to determine compliance with this Contract and applicable laws.

2. As applicable to the Contract, Residential Child Care providers will keep and maintain accurate and complete records that follow Generally Accepted Accounting Principles (GAAP) that are applicable to their particular type of organization.

3. Contractor will provide access to its records to DFPS, the Texas State Auditor’s Office (SAO), the Federal Government, and their authorized representatives.

4. Unless otherwise specified in this Contract, Contractor will maintain legible copies of this Contract and all related documentation for a minimum of seven years after the termination of this Contract or seven years after the completion of any litigation or dispute involving the Contract, whichever is longer.

5. THE CONTRACTOR WILL NOT DISPOSE OF RECORDS BEFORE PROVIDING THE DFPS CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM THE DFPS CONTRACT MANAGER.

B. SAO AUDIT.

1. Contractor understands that acceptance of funds under this Contract or through a subcontract acts as acceptance of the authority of the SAO or any successor agency, to conduct an audit or investigation in connection with those funds.

2. Under the direction of the Legislative Audit Committee, an entity that is the subject of an SAO audit or investigation must provide the SAO access to any information that is considered relevant.

3. Contractor agrees to cooperate fully with the SAO, or its successor, in the conduct of the audit or investigation, including providing all records requested.

4. Contractor will ensure that this clause, concerning the authority to audit funds received indirectly by subcontractors related to this Contract and the requirement to cooperate, is included in any subcontracts it awards.

C. COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS.

1. Contractor will implement all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, accounting principle, or deficiency identified in any audit, review, or inspection of this Contract.

2. Any such correction will be at Contractor or its subcontractor's sole expense.

3. Whether Contractor's action corrects the noncompliance will be solely the decision of DFPS.

4. Contractor must provide, at DFPS’ request, a copy of those portions of Contractor's and its subcontractors' internal audit reports relating to this Contract.

D. CONFIDENTIAL INFORMATION.

1. Contractor agrees to only use DFPS confidential information for the purpose of this Contract and comply with all applicable state and federal laws when it receives and stores DFPS confidential information, including, but not limited to, the following enumerated. This includes any communication or record regardless of form or format provided or made available through any means and includes records or information that identifies DFPS children or clients.

a. Section 106 of the Child Abuse Prevention and Treatment Act (CAPTA), codified at 42 U.S.C. 5106a;

b. Section 471 of Title IV-E of the Social Security Act, codified at 42 U.S.C. 671(a)(8), and related federal rules at 45 CFR 1355.30 & 45 CFR 205.50;

c. Social Security Administration Data, including, without limitation, Medicaid information (The Social Security Act, 42 U.S.C. Chapter 7);

d. Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99;

e. Protected Health Information, including Electronic Protected Health Information or Unsecured Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. Chapter 7, Subchapter XI, Part C; 45 CFR Parts 160 and 164;

f. Confidentiality of Alcohol and Drug Abuse Patient Records, 42 U.S.C. §290dd-2, 42 CFR Part 2;

g. Federal Tax Information, Internal Revenue Code, Title 26 of the United States Code including IRS Publication 1075;

h. The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. §552a;

i. Personal Identifying Information defined by Texas Business and Commerce Code Chapter 521, and OMB Memorandum 07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information;

j. Texas Family Code §261.201 and related provisions in Chapters 261 and 264;

k. Texas Health and Safety Code §81.046 and Chapters 181 and 611;

l. Texas Human Resources Code §12.003, §40.005, and Chapter 48;

m. Texas Public Information Act, Texas Government Code Chapter 552;

n. 19 Texas Administrative Code Chapter 702 Subchapter F (Child Protective Services), and Chapter 705 Subchapter M (Adult Protective Services); and

o. Criminal History Record Information guidelines in the FBI’s Criminal Justice Information Services (CJIS) Security Policy.

2. Contractor will notify DFPS immediately, but not later than 24 hours, after Contractor discovers any possible or actual unauthorized disclosure or breach of DFPS confidential information. Contractor will also fully cooperate with DFPS in investigating, mitigating and issuing notifications for an unauthorized disclosure or breach as directed by DFPS.

3. Contractor will only disclose information according to applicable law and will notify DFPS as required by the applicable law, when it makes a disclosure.

4. In the event the Contractor receives a request or demand for confidential information or records in connection with any discovery, investigative, civil, criminal or other similar legal process, before the Contractor can release, they will provide DFPS with written notice of this request or demand within two business days of receiving it. DFPS will provide prompt notice to the Contractor whether they have no objection to the release or they plan to seek a protective order to prevent the release.

E. PUBLIC INFORMATION ACT.

1. Information related to this Contract will be subject to the Public Information Act (PIA) found at Texas Government Code Chapter 552 and withheld from public disclosure or released only in accordance with the PIA.

2. In accordance with Section 2252.907 of the Texas Government Code, the Contractor is required to make any information created or exchanged with DFPS pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to DFPS.

SECTION III

OWNERSHIP & INTELLECTUAL PROPERTY

A. OWNERSHIP.

DFPS owns all work produced by Contractor under this Contract.

B. INTELLECTUAL PROPERTY.

1. To the extent any services, deliverables or work performed by Contractor results in the creation of intellectual property, all right, title, and interest in and to such intellectual property, will vest in DFPS upon creation and will be deemed to be a “work made for hire,” and made in the course of the services rendered pursuant to this Contract.

2. To the extent that title to any such intellectual property will not by law vest in DFPS, or such intellectual property will not be considered a “work made for hire,” Contractor hereby irrevocably assigns all rights, title, and interest therein to DFPS.

3. Contractor must give DFPS and the State of Texas, as well as any person designated by DFPS or the State of Texas, all assistance required to perfect the rights defined in this Section, without any additional charge or expense beyond the stated amount payable to Contractor authorized under this Contract.

SECTION IV

NOTICE

A. NOTICE OF LEGAL MATTER OR LITIGATION.

Contractor will notify their assigned DFPS Contract Manager of any litigation or legal matter related to or affecting this Contract within seven calendar days of

Contractor becoming aware of the litigation or legal matter.

B. NOTICE OF CHANGE IN CONTACT PERSON OR KEY PERSONNEL OR MATTERS IMPACTING CONTRACT.

The Contractor will notify their assigned DFPS Contract Manager within ten days of any change to the Contractor’s Contact Person or Key Personnel in the Contract or any matter impacting the Contract, which includes but is not limited to changes to Contractor's name or identity, ownership, control, governing board membership, any problem or potential problem associated with its performance or services, or payee identification number.

C. COMPLAINT REPORTING.

Unless otherwise noted in this Contract, DFPS will contact the Contractor when it receives a complaint about the Contractor and advise the Contractor whether DFPS will conduct an investigation or will coordinate with the Contractor for an investigation. When DFPS requires the Contractor to conduct any part of the complaint investigation, Contractor must respond in writing to DFPS with all information and according to DFPS’s requirements and specified time frames.

SECTION V

AMENDMENT

A. BILATERAL AMENDMENT.

Except as provided for in the Unilateral Amendment section below, this Contract can only be changed by a Bilateral Amendment executed by both Parties.

B. UNILATERAL AMENDMENT.

A Unilateral Amendment will be issued by DFPS and it will be effective on the date that is specified in the Unilateral Amendment. DFPS has sole discretion as to whether a change to the Contract cannot be a Unilateral. DFPS will issue a Unilateral Amendment to:

1. Correct an obvious clerical error;

2. Modify a Contract Number or Agency ID Number;

3. Incorporate new or revised state or federal laws, regulations, rules or policies;

4. Comply with a court order or judgment;

5. Update service level description or daily rates;

6. Update Contractor’s name as recorded by the Secretary of State, as required by law or as authorized by DFPS;

7. Change either Party’s Contract Manager or contact information;

8. Change any recorded license number based on information obtained from the agency or entity issuing the license; and

9. For Open Enrollments only, add or delete a geographic service area, service delivery location, or service type, as long as it is part of a current Open Enrollment.

SECTION VI

TERMINATION

A. TERMINATION FOR CONVENIENCE.

DFPS will terminate the Contract, in whole or in part, at any time when, in its sole discretion, DFPS determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in DFPS’ notice of termination.

B. TERMINATION FOR CAUSE.

1. If the Contractor fails to provide the services or goods required by this Contract or fails to comply with any terms or conditions of it, DFPS will terminate the Contract in whole or part.

2. In addition to any other remedy allowed by law, Contractor will be responsible to DFPS for all costs incurred by DFPS and the State of Texas to replace the Contractor. These costs include, but are not limited to, the costs of procuring a substitute Contractor and the cost of any claim or litigation that is reasonably attributable to Contractor’s failure to provide services or goods.

C. EQUITABLE SETTLEMENT.

Any early termination under this Contract will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination.

SECTION VII

GENERAL PROVISIONS

A. GOVERNING LAW AND VENUE.

This Contract and the rights and obligations of the Parties will be governed by and construed according to the laws of the State of Texas, exclusive of any conflicts of law provisions. Venue for any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by DFPS. Contractor irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it will now or hereafter have to the bringing of any action or proceeding in such jurisdiction with respect to this Contract.

B. INDEMNITY.

1. CONTRACTOR WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND DFPS AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, ARISING OUT OF OR RESULTING FROM:

a. CONTRACTOR’S PERFORMANCE UNDER THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF THE CONTRACTOR, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF THE CONTRACTOR, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;

b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE OF CONTRACT BY THE CONTRACTOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF THE CONTRACTOR, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF THE CONTRACTOR, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;

c. EMPLOYMENT OR ALLEGED EMPLOYMENT DISCRIMINATION, INCLUDING CLAIMS OF DISCRIMINATION AGAINST CONTRACTOR, ITS OFFICERS, OR ITS AGENTS; OR

d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

2. NOTHING IN THIS CONTRACT WILL BE CONSTRUED AS A WAIVER OF DFPS’ SOVEREIGN IMMUNITY.

3. IF DFPS IS A NAMED DEFENDANT IN ANY SUIT INVOLVING THIS CONTRACT, THE DEFENSE WILL BE COORDINATED BY THE CONTRACTOR WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL. CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT REGARDING SUITS INVOLVING THIS CONTRACT IF DFPS IS A NAMED DEFENDANT WITHOUT FIRST OBTAINING THE CONCURRENCE OF THE TEXAS ATTORNEY GENERAL.

C. BACKGROUND HISTORY CHECKS AND RIGHT OF REMOVAL.

1. Before providing direct services, having direct client contact and/or access to client records, the Contractor will submit information necessary for DFPS to conduct background checks on its employees, subcontractors or volunteers according to DFPS Background Checks Handbook under the applicable policy section at

http://www.dfps.state.tx.us/handbooks/Background_Checks/default.asp, including any required disclosures. Furthermore, before the employee, subcontractor or volunteer can provide direct services, have direct contact or access client records, the Contractor must receive notice from DFPS that the background check has been approved.

2. If while providing direct services, having direct client contact and/or access to client records, the Contractor becomes aware of any new arrest or investigation of abuse or neglect conducted by any federal, state or local agency or board of an employee, subcontractor or volunteer, then the Contractor will notify DFPS within ten business days of them becoming aware of it. DFPS will determine if and when the employee, subcontractor or volunteer can have direct contact with clients.

D. ASSIGNMENTS.

Contractor will not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of DFPS, which will be withheld or granted at the sole discretion of DFPS. Except where otherwise agreed in writing by DFPS, assignment will not release Contractor from its obligations under the Contract.

Contractor agrees that DFPS will, in one or more transactions, assign, pledge, or transfer the Contract.

E. SEVERABILITY.

If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non-enforceability of such provision will not be held to render any other provisions of this Contract unenforceable.

F. SURVIVABILITY.

Termination or expiration of this Contract will not release either party from any liabilities or obligations that the Parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention.

G. FORCE MAJEURE.

Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of any governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a “Force Majeure”), then, while so prevented, the affected Party’s obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing of the reason for such delay, estimated duration of the delay, and the steps taken to minimize the delay.

H. AUTHORITY OF DFPS STAFF.

DFPS staff are not authorized to sign non-DFPS forms, unless those forms have received prior approval by DFPS. DFPS is not bound to the terms of any forms signed by unauthorized staff.

I. DISPUTE RESOLUTION.

The Parties will use the dispute resolution process in Texas Government Code Chapter 2260 to resolve any dispute arising under this Contract. Contractor’s Notice of Claim of Breach of Contract is delivered to their assigned DFPS Contract Manager in their Contract and to the DFPS Office of General Counsel at the address listed below, by hand, certified mail return receipt requested, or other verifiable delivery service, and is effective on date received.

Office of General Counsel Physical Address

701 W. 51st Street

Austin, TX 78751

Mailing Address

P.O. Box 149030

Austin, TX 78714-9030

Mail Code: E611

J. WAIVER.

DFPS’ failure to enforce any provision of this Contract or its payment for services or goods provided under this Contract, will not constitute a waiver of any provision of the Contract.

K. HISTORICALLY UNDERUTILIZED BUSINESS (HUB).

Contractor will provide pertinent details of any participation by a HUB in fulfilling the duties and obligations arising under this Contract.

L. CIVIL RIGHTS.

1. Contractor agrees to comply with state and federal anti-discrimination laws, including:

a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);

b. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);

c. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);

d. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);

e. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);

f. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and

g. DFPS's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Contract.

2. Contractor agrees to comply with all amendments to these laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States will, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any service or other benefit provided by federal or state funding or otherwise be subjected to discrimination.

3. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations found at 45 CFR Part 80 or 7 CFR Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to take reasonable steps to provide services and information, both orally and in writing and electronically, in appropriate languages other than English to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to government funded programs, benefits, and activities.

4. Contractor agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHSC Civil Rights Office. The posters are available on the HHSC website at: http://hhscx.hhsc.texas.gov/system-support-services/civil- rights/publications.

5. Contractor agrees to comply with Executive Orders 13279 and 13559, and their implementing regulations at 45 CFR Part 87 or 7 CFR Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services will not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Contractor must provide written notice to beneficiaries of these rights.

6. Upon request, Contractor will provide Texas Health and Human Services Commission (HHSC) Civil Rights Office with copies of the Contractor's civil rights policies and procedures.

7. Contractor must notify HHSC’s Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten calendar days after receipt of a complaint. This notice must be directed to the following.

HHSC Civil Rights Office

701 W. 51st Street, Mail Code W206 Austin, Texas 78751

Phone Toll Free: (888) 388-6332

Phone: (512) 438-4313

TTY Toll Free: (877) 432-7232

Fax: (512) 438-5885

M. PERMIT AND LICENSE.

Contractor will be responsible at their expense for obtaining all permits and licenses required by city, county, state or federal rules, regulations or laws necessary or required for the Contractor to provide services or goods under this Contract.

N. WARRANTY.

Contractor warrants that all services, deliverables and work done under this Contract will be completed in a manner consistent with generally accepted standards in the applicable trade, profession, or industry and conform to or exceed the specifications set forth in the Contract and be fit for ordinary use, of good quality, and contain no material defects.

O. E-VERIFY/EMPLOYEE ELIGIBILITY.

By entering into this Contract, Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's e-Verify system to determine the eligibility of all persons employed during the Contract term to perform duties within Texas and all persons (including subcontractors) assigned by the Contractor to perform services, deliverables and work pursuant to the Contract.

P. REPORT OF WASTE, FRAUD OR ABUSE.

Contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately contact both the Texas HHSC Office of the Inspector General at 1-800-436-6184 and the Texas State Auditor's Office at https://sao.fraud.texas.gov/ReportFraud/.

Q. CULTURAL COMPETENCE.

1. Contractor will make reasonable efforts to provide services that meet each client’s individual needs and takes into consideration the intellectual functioning, literacy, level of education and comprehension ability of each client in order to ensure that all information is presented in a way that meets each client’s individual needs.

2. Contractor will provide services in the client's primary language either directly by Contractor or by a DFPS approved translator.

3. Contractor will have a cultural competence mission statement, core values or other similar guidance that provides how the Contractor will effectively provide these services to clients of various cultures, races, ethnic backgrounds and religions in a manner that recognizes and affirms the client’s worth, protects and preserves the client’s dignity and ensures equity of service delivery.

N502 FORM-5645V

SEPTEMBER 2019

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

VENDOR UNIFORM TERMS AND CONDITIONS

PAGE 2

R. PUBLICITY.

Contractor must not use the name of, or directly or indirectly refer to, DFPS, the State of Texas, or any other state agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations.

Contractor will publish, at its sole expense, results of Contractor performance under the Contract with DFPS’s prior review and written approval, which DFPS will withhold at its sole discretion. Contractor will acknowledge the support received in all format types (written, visual and audio) from DFPS and the Federal Agency as applicable.

S. LIMITATION OF DFPS NAME, SEAL OR LOGO.

1. Contractor will not use the DFPS name, seal or logo in any form or manner without the prior written approval of DFPS.

2. Contractor will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Contractor's goods or services by DFPS.

T. SUBCONTRACTING.

As applicable under the Contract, Contractor will comply with the following.

1. Contractor will be responsible to DFPS for any subcontractor's performance under this Contract. Subcontractors providing services under the Contract will meet the same requirements and level of experience as required of Contractor.

2. No subcontract under the Contract will relieve Contractor of responsibility for ensuring the requested services are provided.

3. Contractor cannot subcontract case management services without DFPS prior written permission.

4. Contractors planning to subcontract all, or a portion, of the work to be performed will identify the proposed subcontractors.

5. Subcontracting will be solely at Contractor’s expense.

6. DFPS retains the right to check subcontractor’s background and approve or reject the use of submitted subcontractors.

7. Contractor will be the sole contact for DFPS and Contractor will list a designated point of contact for all DFPS inquiries.

8. Contractor will include a term in all subcontracts that incorporates this Contract by reference and binds subcontractors to all the requirements, terms, and conditions of this Contract related to the service being provided by the subcontractor, as well as explicitly hold that this Contract controls in the event of any conflict with subcontract. DFPS approval of Contractor's use of any subcontractor is conditioned upon the extent that any subcontract does not conflict with any requirements of the Contract between DFPS and Contractor.

9. Payments to subcontractors will be made pursuant to the Prompt Payment Act, Texas Government Code Chapter 2251.

U. VENDOR PERFORMANCE TRACKING SYSTEM REPORTING.

If applicable to this Contact, under Texas Government Code Sections 2155.089 and 2262.055, DFPS is required to report vendor performance to the Texas Comptroller through the Vendor Performance Tracking System (VPTS) during and at completion of this Contract. DFPS may use this information in the future when making contract awards.

V. CYBERSECURITY TRAINING.

If applicable to this Contract, and as directed by DFPS, the Contractor will comply with Texas Government Code Section 2054.5192 and complete this Section’s Cybersecurity Training requirements. Contractor must submit verification of completion and compliance with this Section to DFPS.

SECTION VIII CERTIFICATIONS & AFFIRMATIONS

As applicable to this Contract, Contractor certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Contractor, and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract.

A. Contractor has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.

B. Under Texas Government Code §2155.006 and §2261.053 (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina or other disasters), Contractor acknowledges that it is not ineligible to receive this Contract and this Contract will be terminated and payment withheld if this certification is found to be inaccurate.

C. Under Texas Family Code §231.006 (relating to delinquent child support), Contractor acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate.

D. Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Contractor agrees that this provision will be included in its entirety in Contractor’s subcontracts if payment in whole or in part is from federal funds. Furthermore, Contractor acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity.

E. Contractor is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov/portal/public/SAM/. This Contract will be terminated and payment withheld if this certification is inaccurate. This provision will be included in its entirety in Contractor’s subcontracts if payment in whole or in part is from federal funds.

F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Contractor acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS.

G. Contractor acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.

H. Payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005, 556.0055 or 556.008 (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

I. If this Contract is for services, the Contractor will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences.

J. Contractor has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Contractor hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C. §1, et seq., and Texas Business and Commerce Code §15.01, et seq.

K. If the Contractor is a “Company” under Texas Government Code §808.001, at the time of executing this Contract, the Contractor is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract.

L. Under Texas Government Code §2155.0061, Contractor certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Contractor has been convicted of any offense related to the direct support or promotion of human trafficking.

M. Under Texas Government Code §2252.152, the Contractor warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.

N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Contractor agrees that this Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of this Subchapter.

6.3.3 - RESIDENTIAL CHILD CARE SERVICES PERFORMANCE MEASURES FOR CPA

SAFETY

OUTCOME #1: Children/Youth are safe in foster care.

Performance Period: Performance is tracked quarterly and assessed annually. The quarterly measurements will be cumulative to determine annual performance.

Indicator: Percent of DFPS Children/Youth who do not experience an incidence of abuse, neglect or exploitation while in the Contractor's care.

Target: 100%

Data Source: Information Management Protecting Adults and Children in Texas (IMPACT)

Methodology:

All abuse, neglect and/or exploitation by any perpetrator, while the Child/Youth is in the Contractor's care, are included in the count.

The denominator is the total number of Children/Youth in DFPS managing conservatorship placed with the Contractor during the reporting period.

The numerator is the number of DFPS Children/Youth who were Designated Victims in an investigation, for which a disposition of Reason to Believe (RTB) was made, during the reporting period.

Divide the numerator by the denominator. Subtract the result from one to give the complimentary "Children/Youth not Designated Victims" measurement. Multiply by 100 and state as a percentage.

WELL BEING

OUTCOME #2: HEALTH AND WELLNESS ASSESSMENTS FOR CHILDREN IN FOSTER CARE

Performance Period: Performance is tracked quarterly and assessed annually. The quarterly measurements will be cumulative to determine annual performance.

Indicator (a): Percent of all Children/Youth in the Contractor's care who received an initial Texas Health Steps Medical Checkup within 30 calendar days of entry into DFPS conservatorship.

Target: 100%

Data Source: HHSC Encounter Data

Methodology:

The denominator is the total number of unduplicated Children/Youth under age 18, who were new to DFPS conservatorship when placed in the Contractor's care, and remained in that Contractor's care for 30 calendar days or more during the reporting period. 

The numerator is the total number of Children/Youth reported in the denominator who have received a Texas Health Steps Medical Checkup within 30 calendar days of entry into DFPS conservatorship.

Divide the numerator by the denominator.  Multiply by 100 and state as a percentage.

WELL BEING

OUTCOME #2:  HEALTH AND WELLNESS ASSESMENTS FOR CHILDREN IN FOSTER CARE

Performance Period: Performance is tracked quarterly and assessed annually. The quarterly measurements will be cumulative to determine annual performance.

Indicator (b):  Percent of all Children/Youth in the Contractor's care who received an initial Texas Health Steps Dental Checkup within 60 calendar days of entry into DFPS conservatorship.

Target:  100 %

Data Source:  HHSC Encounter Data

Methodology:

The denominator is the total number of unduplicated Children/Youth who are six months or older, and under age 18, who were new to DFPS conservatorship when placed in the Contractor's care, and remained in that Contractor's care for 60 calendar days or more during the reporting period. 

The numerator is the total number of Children/Youth reported in the denominator who received a Texas Health Steps Dental Checkup within 60 calendar days of entry into DFPS conservatorship.

Divide the numerator by the denominator.  Multiply by 100 and state as a percentage.

WELL BEING

OUTCOME #2:  HEALTH AND WELLNESS ASSESMENTS FOR CHILDREN IN FOSTER CARE

Performance Period:  Performance is tracked quarterly and assessed annually. The quarterly measurements will be cumulative to determine annual performance.

Indicator (c):  Percent of all Children/Youth removed who received a Child and Adolescent Needs and Strengths (CANS) assessment within 30 calendar days of entry into DFPS conservatorship.

Target:  90%

Data Source:  HHSC Encounter Data

Methodology:

The denominator is the total number of unduplicated Children/Youth who are between the ages of three to 17 years old, who were new to DFPS conservatorship when placed in the Contractor's care, and remain in the Contractor's care for 30 calendar days or more during the reporting period.  

The numerator is the total number of Children/Youth reported in the denominator who received a CANS assessment within 30 calendar days of entry into DFPS conservatorship.

Divide the numerator by the denominator.  Multiply by 100 and state as a percentage.

POSITIVE DISCHARGE

Outcome #3: Children/YOUTH experience placement stability while in foster care.

Performance Period: Performance is tracked quarterly and assessed annually. The quarterly measurements will be cumulative to determine annual performance.

Indicator: Percent of Children/ Youth for which the Contractor meets the needs of the Child/Youth through a discharge considered to be in the best interest of the Child/Youth.

Target: 79%

Data Source: IMPACT

Methodology:

· Children/Youth in a Contractor's care less than eight days are excluded from the numerator and denominator

· Youth 18 years or older at the time of placement or at the time of discharge are excluded from the numerator and denominator.

· Neutral discharge reasons are removed from the numerator and denominator.

The denominator is the total number of Children/Youth placed for 8 days or more with the Contractor during the reporting period whose placement has ended as the result of a discharge.

The numerator is the number of Children/Youth who, during the reporting period were discharged by the Contractor for reasons determined to be in the best interest of the Child/Youth. The following reasons for Contractor initiated discharges are not considered to be in the best interest of the Child/Youth. These are included but not limited to:

· Child's/Youth's Behavior [Unmanageable behaviors]

· Child/Youth hospitalized (medical/psych) [Out of Placement less than 14 days]

· Child/Youth Ran Away [Out of Placement less than 14 days]

· Refused to Stay in Placement

· Unable to meet Child's/Youth's needs

Divide the numerator by the denominator. Multiply by 100 and state as a percentage.

NORMALCY

OUTCOME #4: Youth are prepared for adulthood

Performance Period: Performance is tracked quarterly and assessed annually. The quarterly measurements will be cumulative to determine annual performance.

Indicator: Percent of Youth in the contractor’s care ages 16 and older who complete PAL Life Skills Training before their 18th birthday.

Target: 50%

Data Source: IMPACT

Methodology:

The denominator is the number of Youth in the Contractor's care at the end of the reporting period ages 16 years and older who are eligible for, or completed PAL, excluding those youth who came into the contractor’s care having previously completed PAL while placed with a different contractor.

The numerator is the number of Youth in the Contractor’s care at the end of the reporting period ages 16 and older who completed PAL Life Skills Training before their 18th birthday excluding those youth who came into the contractor’s care having previously completed PAL while placed with a different contractor.

Divide the numerator by the denominator. Multiply by 100 and state as a percentage.

NORMALCY

Outcome 5# : Older Youth Placements in Foster Homes

Performance Period: Performance is tracked quarterly and assessed annually. The quarterly measurements will be cumulative to determine annual performance.

Data Source: IMPACT

Target: Meet statewide baseline established in State of Texas Fiscal Year 2019.

Methodology Summary:

Denominator:  Number of active foster homes during the performance period.

Numerator:  Any Youth placed during the performance period in a foster home from the denominator who was 14 years or older at the time of the placement.  

Methodology Details:

This measure is reported as a ratio. Any placements which occurred prior to the performance period will be excluded from the numerator.

NORMALCY

OUTCOME #6 : Foster Homes Accepting placement of sibling groups

Performance Period: Performance is assessed annually.  Annual fiscal year performance reflects performance on August 31

Data Source: IMPACT

Target: Meet statewide baseline established in State of Texas Fiscal Year 2019.

Methodology Summary:

Denominator:  All non-relative foster homes active on the last day of the performance period.

Numerator:  Any foster home in the denominator where: 

a. For sibling groups of two, both siblings are placed in the same home; or

b. For siblings groups of three or more, three or more siblings are placed together, using the existing methodology for determining siblings. 

Methodology Details:

This measure is reported as a percentage.

If a home has no children on August 31 they will be excluded from both the numerator and denominator.

If a home has children on August 31 for which the children placed have no siblings in care, they will be excluded from both the numerator and denominator.

Verified Kinship homes are excluded from the numerator and denominator.

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICESCPA PERFORMANCE MEASURESPAGE

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CPA PERFORMANCE MEASURES

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