and Protective Services / Residential Child-Care Contract
Attachment G
Specific Provisions Regions 2 and 9 / September 2017
Article I.Purpose and General Information
Section 1.01Purpose. Both DFPS and Contractor desire to continue some of the practices developed in DFPS Regions 2 and 9 under the Foster Care Redesign Initiative. Residential Child-Care Contract Attachment G: Specific Provisions for DFPS Regions 2 and 9 (“Attachment”) contains terms and conditions that seek to accomplish this goal.
Section 1.02Definitions. When used in this Attachment, the following terms will have the meanings as described in this Section. The terms defined in this section only have the meaning assigned in this Attachment. The definitions below do not apply to the Contract.
(A)“Attachment”: Residential Child-Care Contract Attachment G: Specific Provisions for DFPS Regions 2 and 9.
(B)“Attachment G Providers”: Term for DFPS Residential Child-Care Contractors who have agreed to include and abide by the terms and conditions of Residential Child-Care Contract Attachment G: Specific Provisions for DFPS Regions 2 and 9.
(C)“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 Attachment and Contract.
(D)“Contract”: The DFPS Residential Child-Care Contract.
(E)“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 Attachment.
(F)“Covered Regions”: Term for DFPS Administrative 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. A map of the DFPS Administrative Regional Boundaries can be accessed by visiting:
(G)“Current Placements”: A DFPS foster child or youth placed with Contractor.
(H)“Initial Coordination Meeting (ICM)”: A collaborative process between DFPS and Contractor that focuses on the uniqueindividualized needs of the child or youth in DFPS conservatorship and outlines services to address those needs.
(I)“New Placements”: A DFPS foster child or youth who DFPS has placed with Contractor immediately after removal.
(J)“RCC”: Reference to Residential Child-Care, the DFPS division that manages DFPS Residential Child-Care contracts.
(K)“Out-of-Region Children or Youth”: DFPS foster children and youth who did not reside within the covered region at the time of removal.
Section 1.03Order of Precedence. In the event that any provision of this Attachment conflicts with the requirements of the Contract, this Attachment controls.
Section 1.04Severability.Invalidity or unenforceability of one or more provisions of this Attachment will not affect any other provision of this Attachment or Contract. If a part of this Attachment is determined invalid or unenforceable, a clause of as similar terms as may be legally possible may be added in order to make the prior intent of such provision legal, valid, and enforceable.
Section 1.05Applicability. The terms and conditions of this Attachment only apply in situations involving foster children or 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 Attachment and Contract.
Section 1.06Provider 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.
Article II.Placements in Covered Regions.
DFPS will provide a placement preference for all Covered Children with Attachment G 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 Article.
Section 2.01Placement 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.
(A)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:
(1)why the placement is in the individual child’s best interest; and
(2)all alternate placement options pursued and the reason why these were denied or not appropriate.
(B)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.
Section 2.02Out 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).
Article III.Initial Coordination Meeting.
The 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.
Section 3.01Timeframes for ICM. Within seven (7) 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 3 days if the new placement occurs on a holiday or weekend day (Friday, Saturday, 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).
Section 3.02Coordination. 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:
(A)schedules with participants a meeting date and time;
(B)reserves a conference room and scan call line;
(C)ensures all relevant participants are invited to the meeting; and
(D)provides notice (2 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.
Article IV.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).
Article V.Ethical Family Transfer Process
Section 5.01Purpose
(A)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.
(B)To facilitate a cooperative spirit between agencies in the DFPS Provider Community.
(C)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.
(D)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.
(E)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.
Section 5.02 Required practices
(A)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.
(B)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 (5) 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).
(C)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.
(D)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 thirty (30) days after having received notification (with a cc to the DFPS Foster Care Redesign Administrator for Regions 2 and 9).
(E)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.
(F)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.
Article VI.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.
Article VII.Remedies
DFPS reserves the right to enforce the provisions of this Attachment through any and all available remedies, up to and including financial remedies based on actual damages incurred by DFPS as the result of non-compliance with the terms and conditions of this Attachment or termination of this Attachment or Contract.
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