FY 2014 DFPS Residential Child-Care Contract
Executive Overview
The Fiscal Year 2014 (FY14) Contract for Residential Child-Care Services (Contract)
with the Texas Department of Family and Protective Services (DFPS or Department)
reflects the Department’s efforts to align Contractor’s requirements with the policy and
program requirements of Child Protective Services, conform to the directives of the
Texas Health and Human Services Commission (HHSC) and the Texas Legislature.
The overall content and format of the contract have changed little this year. Changes
were made to implement changes required by the 83rd Legislative Session and in
response to feedback from stakeholders. Some sections have been edited for the
purposes of clarity. This executive summary has been developed to assist with
identifying the most significant changes to the FY14 Contract. Please visit the
residential contracts website for additional information and supporting documents at:
http://www.dfps.state.tx.us/PCS/Residential_Contracts/default.asp
The Fiscal Year 2014 Residential Child-Care Contract revisions are related to:

Changes to Basic Living and Social Skills such as New requirements
regarding Nutrition and Financial Literacy Education program;

Changes to Behavioral Health and Healthcare Services such as removing
requirements that a Contractor only use employees or subcontractors of
for Behavioral Health Services, no longer requiring the Contractor to
ensure Network Providers document within the Health Passport's
Behavior Health Module or assess Effectiveness of Behavior Health
Services as described in the FY13 Contract;

Strengthened language regarding Psychotropic Medication and adding
new requirements for Psychotropic Medication;

Modified the Maintaining Connections requirement to include other
people or groups to which a Child is bonded and which help the child to
maintain Normalcy;

Additional requirements for the provision of Background History Checks
under the Purchased Clients Service Background Check Policy for
Principals of the Contract;

New requirements regarding Removal and Discharge of Children and
Notification;

Changes to Medical Consent requirements;

Clarification of the National Youth in Transition Database (NYTD)
requirements;

New Contract Performance Targets Requirements; and

Amends to Attachment B by modifying the following definitions:
Background History Check, Experiential Life Skills Activities and adding
the following definitions: Discharge Notice, Financial Literacy Education
Program, Normalcy, and Office Visit.
Please be aware that this summary does not identify all the changes to the FY14
Residential Child-Care Contract nor do the explanations below each change describe the
full extent of the contract modifications. Ensure that the Contract is reviewed thoroughly
prior to signature.
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Below is a summary of the most significant changes to the FY 14 Residential Child-Care
Contract. Bracketed and struck through text] is Contract language that will be removed in
this document. Text underlined and in parentheses) is new Contract language. Comments
providing additional explanation are italicized and in parentheses.
9. Basic Living and Social Skills. The Contractor must ensure for all Children that
Caregivers:
A) Teach Basic Living and Social Skills.
B) Maximize opportunities for learning through the use of Experiential Life Skills
Activities.
C) Provide access to Experiential Life Skills Activities provided by community
resources;
D) Promote the ability to appropriately care for themselves and function in the
community.
E) (Assist Children ages 14 or older who have a source of income to establish a
savings plan and, if available, a savings account to manage independently; and
F) Assist Children ages 18 up to 22 years of age who have a source of income to
obtain a savings or checking account with a Financial Institution (in accordance
with Texas Finance Code §201.101)).
[These changes were made in response to SB1589 which expanded the
requirements of experiential life-skills training to include Financial Literacy
Education for youth age 14 and older.]
11. Assessment, Service Planning and Coordination.
C) Service Planning and Coordination. The Contractor shall:
v. Ensure that the Service Plan incorporates and is consistent with:
a.
(The Child’s Plan of Service;)
b.
Permanency Planning and Permanency Goals identified by the
Department;
c.
Any (short term and long term behavioral goals) [established by the
Department;]
d.
Components of a Child’s Individual Education Plan (IEP) and the
Individual Transition Plan (ITP) that are both developed by the school’s
Admission, Review, and Dismissal (ARD) committee, if appropriate;
e.
Components of the CPS Transition Plan for Children 16 to 22 years of age
to include results of the Casey Life Skills Assessment when applicable;
and
f.
The Early Childhood Education (ECI) Individual Family Service Plan (IFSP)
if applicable;
[The changes were made to ensure that Contractors align their Service Plans with
the CPS Plan of Service and any short term and long term behavioral goals that
may have been established for a Child. This takes on enhanced importance as the
Department has removed the requirement the Contract requirement for
subcontracts to be executed with behavioral health clinicians.]
12. Behavioral Health and Healthcare Services.
B) Behavioral Health Services.
i.
The Contractor shall ensure that Behavioral Health Services are available and
provided to each Child as needed by a STAR Health Network Provider
(Network Provider).
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[A Behavioral Health Provider must be an employee or subcontractor of the
Contractor, unless the court orders the Department to provide behavioral
health services for the Child from a Non-Network Provider].
ii.
The Contractor shall access Medicaid through STAR Health for Medicaid
Covered Behavioral Health Services, unless the court orders the Department
to provide behavioral health services for the Child from a Non-Network
Provider.
iii.
(The Contractor shall ensure that all Foster Parents and employees who serve
as Medical Consenters provide, within three (3) business days after receipt
from the Caseworker, relevant plans and information to Behavioral Health
clinicians providing therapy to Children.)
iv. The Contractor must use community resources to obtain Behavioral Health
Services not covered by Medicaid.
v.
No later than the third business day after a Child's Caregiver receives a STAR
Health Denial Letter, the Contractor will email a scanned copy of the denial
letter and the date of such receipt to the Caseworker or Caseworker's Chain
of Command and the Regional Well-being Specialist.
vi. In the event that community resources are not available for Behavioral Health
Services and/or Medicaid does not cover the services, the Contractor shall be
financially responsible for providing Behavioral Health Services.
[The Contractor will ensure that all Behavioral Health Services provided to
Children are properly documented within the Health Passport’s Behavioral
Health Module].
vii. The Contractor shall comply with Department procedures to request access to
the Health Passport for its employees that are not Network Providers.
[Effectiveness of Behavioral Health Services:
a. The Contractor shall ensure that Behavioral Health Providers are providing
Behavioral Health Services that are consistent with the following, where
applicable:
(1) The Child’s Plan of Service;
(2) The Contractor’s Service Plan for the Child;
(3) The Permanency Goal for the Child;
(4) The CPS Transition Plan;
(5) The Psychological evaluation and/or psychiatric evaluation; and
(6) Desired outcomes, including, but not limited to improvement in selfregulation and functioning.
b. The Contractor shall ensure that Behavioral Health Services provided are
properly documented.
c. The Contractor must have procedures for ensuring Behavioral Health
Providers are providing services in accordance with 12.B)ix.]
[The changes were made to remove the requirement that subcontracts be executed
with behavioral health clinicians and adjust the contract for related requirements
that would have been included in such subcontract. Contractors will still ensure that
relevant plans and information are provided to Behavioral Health clinicians providing
therapy to Children by the medical consenter so that coordination of care and
communication of needs/progress can continue.]
12. Behavioral Health and Healthcare Services.
C.) Psychotropic Medications.
i.
The Psychotropic Medication Utilization Parameters for Foster Children
(Parameters) must be used, where applicable, in the treatment and care of
Children served under this Contract. The Parameters, now incorporated into
this Contract by reference, may be accessed at:
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ii.
iii.
iv.
v.
http://www.dfps.state.tx.us/Child_Protection/Medical_Services/guidepsychotropic.asp.
If a Child is prescribed psychotropic medications and the Contractor has
questions/concerns about the medication regimen for the Child, the Contactor
shall request assistance from a STAR Health Service Manager by calling 1866-912-6283. If additional assistance or clarification is needed, contact the
Caseworker or the Caseworker’s Chain of Command.
If a Child is prescribed psychotropic medications the Contractor is required to
Ensure that (all Foster Parents and employees who serve as Medical
Consenters facilitate [a physician in the STAR Health Network evaluates the
need for continued treatment with the medication at a minimum of every 3
months.](an office visit with the prescribing physician, physician assistant, or
advanced practice nurse in the STAR Health Network at least once every 90
days to allow the practitioner to:
a. appropriately monitor the side effects of the drug; and
b. determine whether the drug is helping the Child achieve the treatment
goals and whether continued use of the drug is appropriate.
The Contractor shall advise Children ages 16 to 22 of their right to request to
become their own Medical Consenter.
The Contractor shall ensure, for all Children receiving psychotropic
medication, that the Child:
a. has been provided appropriate psychosocial therapies, behavior strategies,
and other non-pharmacological interventions; and
b. has been seen by the prescribing physician, physician assistant, or
advanced practice nurse in the STAR Health Network as described in
Subsection iii above.)
[The changes were made to accommodate the requirements of HB915 related to
Informed Consent and Psychotropic Medications].
20. Maintaining Connections.
The Contractor shall make and document good faith efforts to ensure that Children are
able to preserve desired and appropriate Connections to the Child's own cultural identity
and community, including religious/spiritual, Family Members, school, [appropriate}
and organizations through on-site or off-site means, (and other people or groups to
which a Child is bonded and which help the Child maintain Normalcy.)
[These changes were made to encourage bonding to other people and groups and
“Normalcy” for children which is defined in Attachment B.]
26. Background History Checks and Department Right of Removal.
A)
The Department reserves the right to conduct Background History Checks on the
Contractor’s employees, Subcontractors, volunteers, and all individuals who have
direct contact with Children in DFPS care or who have access to their records.
B)
The Department reserves the right, in its sole discretion, to require by written
notice that the Contractor immediately:
i.
Not use any individual who has direct contact with Children or has access
to their records; or
ii.
Immediately remove any such person from engaging in such contact or
having such access.
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C)
The Contractor shall ensure initial and subsequent 24-month Background History
Checks (Checks) are performed in compliance with Minimum Standards, including:
i.
Submitting initial Checks timely;
ii.
Submitting subsequent 24-month Checks before their due date;
iii.
Ensuring employees, volunteers, Contractors, and caregivers are not
present at the facility if the Checks are submitted past the due date; and
iv.
Timely complying with any DFPS Centralized Background Check Unit
requirements when there is a relevant Check for a particular employee,
volunteer, Contractor, or Caregiver, which includes but is not limited to
restrictions on employee actions like not transporting Children or not being
the sole Caregiver for Children, or submitting complete requests for risk
evaluations timely.
D) (In addition to the requirements in Subsection C), anyone who is a Principal must
follow the Purchased Client Services Background Check Policy. A Principal is
defined as any person who has the ability to make unilateral fiscal decisions on
behalf of the Contractor. The following positions are assumed to have such ability:
Executive Director, Chief Executive Officer, Chief Operating Officer, Comptroller,
and Chief Financial Officer. This policy also applies to situations where a
subcontractor performs any portion of Contractor’s financial or accounting
operations. In such situations, Contractor will require subcontractor’s principals to
follow the Purchased Client Services Background Check Policy. Any person or
entity this policy applies to must conduct Background History Checks and submit
them through the DFPS Automated Background Check System (ABCS) in
accordance with the Purchased Client Services Background Check Policy, which can
be found at:
http://www.dfps.state.tx.us/PCS/About_PCS/Background_Check_Policy.asp.)
D) E) If during a Federal audit there is a finding that Checks are not being performed by
the Contractor within the timeframes required by Minimum Standards and
Contract, this finding can result in a disallowance of Title IV-E funds claimed on
behalf of the Child. 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.
E) F)
A Contractor who is licensed as a CPA must notify relative foster parent
applicants (including Relatives and Fictive Kin) about the following background
check Requirements referenced in TAC §745.651 and §745.693 by providing written
notice of the following requirements:
i.
Check is conducted on applicants prior to the CPA verifying the foster
family as a foster home;
ii.
Certain criminal convictions will preclude applicants from becoming a
foster and/or adoptive parent, as described in the Criminal History
Convictions and Requirements chart:
http://www.dfps.state.tx.us/documents/Child_Care/Child_Care_Standards
_and_Regulations/Fost_Adopt_Chart.docx, and
iii.
Certain criminal convictions may be considered when evaluating a person's
application to become a foster and/or adoptive parent, as described in the
Criminal History Convictions and Requirements chart:
http://www.dfps.state.tx.us/documents/Child_Care/Child_Care_Standards_and_Regu
lations/Fost_Adopt_Chart.docx.
[Changes to ensure compliance with Purchased Client Services Background Check
Policy Section 6.4
http://www.dfps.state.tx.us/PCS/About_PCS/Background_Check_Policy.asp for
individuals who are considered Principals on the Contract as defined in this Section.]
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28. Removal and Discharge of Children.
A) The Contractor shall make all reasonable attempts to meet the needs of the Child in
the Contractor’s care in order to prevent placement disruption. The Department, as
managing conservator, may remove a Child whenever the Department determines
it is in the best interest of the Child.
B) The Contractor shall document the Contractor's efforts and attempts to prevent
placement disruptions.
C) (The Contractor shall provide a Form 2109 as Discharge Notice to the Caseworker,
the Caseworker’s Chain of Command and the State Office Discharge Mailbox at
dischargemailbox@dfps.state.tx.us. by, at a minimum, providing:
i.
Notice as soon as possible upon determining that it is no longer in the Child’s
best interest to remain at the Contractor’s Facility, that the Contractor cannot
meet the needs of the Child or under the conditions related to discharge in
this Section;
ii. In addition to the documentation required by Subsections D) and F), the
reasons for the discharge and the provider's recommendation regarding a
future placement for the child that would increase the child's opportunity to
attain a stable placement within the following timeframes;
a. For a non-emergency discharge (requiring 14 or 30 day notice), upon
deciding to discharge the Child; and
b. For an emergency discharge (requiring 24-hour notice), within 48 hours of
deciding to discharge a Child.)
C) D) The Department shall remove a Child placed by the Department when notified by
the Contractor that the Child poses a danger to self or others or exhibits volatile or
self-injurious behaviors that are inappropriate for the program of service and
requires a placement in another setting.
i.
If the Contractor provides the Caseworker, and Caseworker's Chain of
Command, (and State Office Discharge Mailbox at
dischargemailbox@dfps.state.tx.us) with Form 2109 as Discharge Notice and
documentation from a physician that the Child poses a danger to self or
others, to facilitate admission to a (psychiatric) hospital, the Department will
remove the Child within 24 hours. Admission of the Child to a (psychiatric)
hospital by the Contractor serves as documentation of the need for a more
secure setting. The Contractor must immediately inform the Caseworker and
Caseworker's Chain of Command of the admission and shall state whether the
Contractor is willing to accept return of the Child upon discharge from the
(psychiatric) hospital.
ii.
If the Contractor provides the Caseworker, and Caseworker's Chain of
Command, (and State Office Discharge Mailbox at
dischargemailbox@dfps.state.tx.us) with documentation from a Psychiatrist,
licensed Psychologist, physician, LCSW or LPC showing that the Child
consistently exhibits behavior that cannot be managed within licensed
programmatic services, the Department will remove the Child within 14
calendar days. The Department shall immediately communicate with the
Contractor and staff the Child’s circumstances to determine a plan for moving
the Child to ensure the Child’s safety and that of others.
D) E) If a Child is placed in jail or juvenile detention facility, within 24 hours the
Contractor shall:
i.
Notify the Caseworker, and Caseworker's Chain of Command and (the
State Office Discharge Mailbox at dischargemailbox@dfps.state.tx.us; and)
ii.
Provide whether the Contractor is willing to accept return of the Child upon
the Child’s release from jail or juvenile detention.
iii.
Upon deciding to discharge the Child, submit Form 2109 as Discharge
Notice to the Caseworker, Caseworker’s Chain of Command and the State Office
Discharge Mailbox at dischargemailbox@dfps.state.tx.us.).
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E) F) If the Contractor provides other documentation to the Caseworker, Caseworker's
Chain of Command and the State Office Discharge Mailbox at
dischargemailbox@dfps.state.tx.us that it is no longer in the Child’s best interest to
remain at the Contractor’s Facility, or that the Contractor cannot meet the needs of
the Child, the Department will remove the Child within 30 calendar days. This
documentation must be signed by the Contractor’s Executive Director, Licensed
Child-Care Administrator, Licensed Child-Placing Agency Administrator or designated
employee, other than the Contractor’s Case Manager. The Department will
immediately communicate with the Contractor and staff the Child’s circumstances to
determine a plan for moving the Child to ensure the Child’s safety and best interests
and those of others. The Department will remove the Child as quickly as is
necessary (to secure an appropriate placement and to safely meet the needs of the
Child. [The Department may immediately remove the Child.]
F) G) For Contractors licensed as GROs providing emergency care services, if the
Contractor wishes to discharge a Child pursuant to Subsection 28.EF) of this
Section, the Department shall have up to 10 calendar days to remove the Child.
…… No change to 28. H) through K)
K) L) Following the discharge of a Child from the Contractor's care and after the receipt
by the Discharging Contractor of a written request from the Receiving Contractor,
along with a copy of the Form 2085-FC authorizing such placement, the Discharging
Contractor:
i.
Is authorized by DFPS to release the information referenced in Subsection
28.J K);
ii.
Must provide the Receiving Contractor all of the required items referenced in
Subsection 28.J K) within 15 days of discharge; and
iii.
Must, if requested, provide the Receiving Contractor the opportunity to
communicate with the Contractor about the needs of the Child within three
days of such request.
[These changes are made pursuant to SB 534 regarding Discharge Notice and in
order to provide greater opportunity for DFPS to work with a Contractor prior to
discharging a Child. This section also relies on the use of a new Form 2109 which
must be submitted when the Contractor is providing Discharge Notice and gives
information that will assist with understanding the reasons for discharge and will
provide recommendations for a future placement that will increase the child's
opportunity to attain a stable placement.]
29. Use of Department Forms.
F) Medical Consent.
i. The Contractor must follow the requirements of the Medical Consent for Children
in DFPS Conservatorship and Youth Consenting to Medical Care policy, pertaining
to residential child-care providers at
http://www.dfps.state.tx.us/Child_Protection/Medical_Services/guide-consent.asp
incorporated herein by this reference.
ii. The Medical Consenter is authorized to access, receive, and review all the Child's
medical records. Furthermore, the Medical Consenter may authorize the release
of the Child's medical records to the extent necessary to obtain services for the
Child.
iii. The Contractor shall ensure that all Foster Parents and employees who are eligible
to serve as Medical Consenters under “How DFPS Establishes the Medical
Consenter”:
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a. have access to and complete computer-based training on Informed
Consent; (and
b. acknowledge in writing that they have:
1) received the training, as described above;
2) understand the principles of informed consent for psychotropic
medication; and
3) understand that non-pharmacological interventions should be
considered and discussed with the prescribing physician, physician
assistant, or advanced practice nurse in the STAR Health Network
before consenting to the use of a psychotropic medication.)
iv. The Contractor shall ensure that all Foster Parents and employees who are eligible
to serve as Medical Consenters, as stated above, follow the requirements within
DFPS policy regarding “Responsibilities of Medical Consenters and back up Medical
Consenters”.
[The changes were made to accommodate the requirements of HB915
related to Informed Consent and Psychotropic Medications.]
Section 34 National Youth in Transition Database (NYTD). The Contractor shall:
B) Assist Children who previously took the NYTD Survey at 17 years of age anytime
between October 1, 2010 and September 30, 2011 and who have been selected to
take the survey through a random selection at 19 years of age, to:
i. Maintain an email address to receive NYTD updates;
ii. Enter NYTD contact updates to the Texas Youth Connection Website
www.texasyouthconnection.org; and
iii. Complete the NYTD survey [during, either:]
a. [Period A for birthdays between October 1, 2012 through March 31, 2013; or
b. Period B for birthdays] between April 1, 2013 and through September 30,
2013.
[The changes were made to update requirements related to the National Youth in
Transition Database].
35. Contractor Performance Measures. The Contractor shall:
A) Meet established targets and manage residential child care services in a manner
which achieves the purpose of each measure for the output and outcome measures
outlined in this Section and contained in Attachment F; which include:
i. Contract Output Measures as defined in Attachment F:
a. Output #1. The Contractor makes regular updates to the CPS Child
Placement Vacancy Database;
b. Output #2. Each Child’s Education Portfolio is up-to-date (PMET);
c. Output #3. The Child's placement [is] (remains) stable[ilized];
d. Output #4 Children (placed with a Child Placing Agency [while in substitute
experience minimum moves] remain in their placements)[(CPAs only)];
e. Output #5 Children placed with a Contractor [while in foster care]remain in
the(ir) [care of the Contractor] (placements).
[These changes were made to clarify requirements for Contract performance
measures.]
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45. Notifications. The Contractor shall:
B) In addition to Minimum Standards notifications:
i.
(The Contractor shall submit Form 2109 to provide Discharge Notice by email to)
[Give] the Caseworker, and Caseworker’s Chain of Command (and the State
Office Discharge Mailbox at dischargemailbox@dfps.state.tx.us as) [in
accordance with] required by Section 28 of this Contract [before ] as soon as
possible upon deciding to dischargeing a Child Placed by the Department.
ii.
Notify the Caseworker, and Caseworker's Chain of Command (and the State
Office Discharge Mailbox at dischargemailbox@dfps.state.tx.us) within 24 hours
after the Contractor determines that a Child placed by the Department with the
Contractor is a danger to self or others and requires a placement in another
setting, or has been incarcerated or placed in juvenile detention;
iii. Notify the Caseworker and Caseworker's Chain of Command (and the State
Office Discharge Mailbox at dischargemailbox@dfps.state.tx.us) within 24 hours,
when the Contractor knows that a Child placed by the Department and in the
Contractor’s care requires hospitalization;
[These changes are made pursuant to SB 534 regarding Discharge Notice and in
order to provide greater opportunity for DFPS to work with a Contractor prior to
discharging a Child. This section also relies on the use of a new Form 2109 which
must be submitted when the Contractor is providing Discharge Notice and gives
information that will assist with understanding the reasons for discharge and will
provide recommendations for a future placement that will increase the child's
opportunity to attain a stable placement.]
45. Notifications. The Contractor shall:
xix. (Notify the Caseworker, Caseworker's Chain of Command or if the Contractor
does not know the Child's Caseworker, the regional (PAL) staff, (found at
http://www.dfps.state.tx.us/Child_Protection/Preparation_For_Adult_Living
/PAL_coordinators.asp) within 24 hours of the consent for placement by a
minor in the Contractor's Transitional Living Program in accordance with the
Texas Family Code §32.203.)
[This change was made pursuant to SB717 as applicable to Transitional Living
providers when a minor consents for placement into a Contractor’s Transitional
Living Program.]
70. Certifications.
B) Suspension, Ineligibility, and Voluntary Exclusion. (Federal Law (2 CFR
180, 2 CFR 376, and) Executive Orders 12549, 13224, and 12689)
require(s) DFPS to screen each covered Contractor to determine
whether each has a right to obtain a contract in accordance with federal
regulations on debarment, suspension, ineligibility, and voluntary
exclusion. Contractor certifies the following:
i. That Contractor [is] (and Contractor's principals are), to the best of
its knowledge and belief, not on the specially designated nationals list
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or debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this solicitation or any resulting contract.
ii. That Contractor will not knowingly enter into any subcontract with [a
person] (an entity) who is on the specially designated nationals list or
debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction [, unless authorized by
DFPS or the U.S. Department of Health and Human Services or U.S.
Treasury Department, as applicable]. (Contractor will also not
knowingly enter into any subcontract with an entity whose principals
are on the specially designated nationals list or debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this
covered transaction).
iii. That Contractor will include this Section regarding debarment,
suspension, ineligibility, and voluntary exclusion, and the specially
designated nationals list without modification in any subcontracts or
solicitations for subcontracts.
[This change was made to accommodate changes to Federal Law 2 CFR 180 and 2
CFR 376.]
Attachment “A”
24-Hour Residential Child-Care Rates
(Current rates can be found on the HHSC Rate Analysis Department website at:
http://www.hhsc.state.tx.us/rad/long-term-svcs/24rcc/index.shtml
Effective dates and amounts will be referenced in the "Payment Rate Information"
Section. )
[This change ensures updates to rates for 24-hour residential child-care services
are implemented consistent with HHSC approvals and timelines. After final
approval, the Attachment A, can be replaced by Unilateral Amendment with the
Rate Table incorporated similar to the FY13 Contract Attachment A format.]
Attachment “B”
Background History Checks: Searches of different databases that are
conducted on an individual. There are three types of Background History Checks:
criminal background checks conducted by the Department of Public Safety for
crimes committed in the State, criminal history checks conducted by the FBI for
crimes committed anywhere in the U.S., and central registry checks conducted by
DFPS. [The central registry](The Texas Abuse / Neglect ) database (includes)
people who have been found by Child Protective Services, Adult Protective
Services, or Licensing to have abuse or neglected a Child (or Adult )[(40 TAC
§745.611).]
(Discharge Notice: Notice provided by a Contractor to DFPS utilizing Form
2109, upon determining that it is no longer in the Child’s best interest to remain at
the Contractor’s Facility, or that the Contractor cannot meet the needs of the Child
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to include: the reason for the child's discharge and the provider's recommendation
regarding a future placement for the child that would increase the child's
opportunity to attain a stable placement.)
Experiential Life Skills Activities: Activities which engage the Child in learning
new skills, attitudes, and ways of thinking through hands-on learning
opportunities. Experiential life-skills training is tailored to a Child's skills and
abilities and [may] (must) include, (at a minimum), training in practical activities
that include grocery shopping, meal preparation and cooking, (nutrition education
that promotes healthy food choices), using public transportation ((when
appropriate)), performing basic household tasks, balancing a checkbook, and
managing personal finances( in accordance with the Financial Literacy Educational
Program expectations.)
(Financial Literacy Education Program: Education, training and experiential
support that includes:
A) obtaining and interpreting a credit score;
B) protecting, repairing, and improving a credit score;
C) avoiding predatory lending practices;
D) saving money and accomplishing financial goals through prudent financial
management practices;
E) using basic banking and accounting skills, including balancing a checkbook;
F) using debit and credit cards responsibly;
G) understanding a paycheck and items withheld from a paycheck; and
H) protecting financial, credit, and identifying information in personal and
professional relationships.)
Historically Underutilized Business (HUB): A minority(-owned business,) or
women-owned business, (or business owned by a disabled veteran) as defined by
Texas Government Code, Chapter 2161.
(Normalcy: The ability of individuals and systems removing unnecessary
barriers to allow Children an opportunity to achieve normal growth and
development including but not limited to age-appropriate activities,
responsibilities and life skills.)
(Office Visit: Participation in a Child's medical or behavioral health
appointment(s) in person or by telemedicine in accordance with HHSC TAC 1,
Chapter 354 and Texas Medical Board TAC 22, Chapter 174.)
[Glossary changes made to align with related Sections of the Contract.]
Attachment “C”
S200 SPECIALIZED SERVICE LEVEL MEDICAL AND DENTAL
The provider arranges for or ensures the same medical and dental services that are
required at the Moderate Service Level.
S200.01 The provider has a written plan, [agreement, or contract with](for) medical
personnel to provide routine medical, nursing and psychiatric services based
on the needs of the Child as identified in the Child’s service plan. The plan [or
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Executive Overview
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agreement]for medical, nursing and psychiatric services must include
provisions for timely access to services in emergencies. The plan [or
agreement] must also be sufficient to ensure appropriate monitoring of chronic
but stable physical illnesses.
I200 INTENSE SERVICE LEVEL MEDICAL AND DENTAL SERVICES
The provider arranges for or ensures the same medical and dental services that are
required at the Specialized Service Level.
I200.01 In addition, the provider has a written plan, [agreement, or contract with] (for)
medical personnel to provide 24-hour, on-call medical, nursing and psychiatric
services based on the needs of the Child as identified in the Child’s service
plan. The plan or agreement for medical, nursing and psychiatric services must
include provisions for timely access to services in emergencies. The plan [or
agreement] must also be sufficient to ensure appropriate monitoring of chronic
illnesses.
[The changes were made to align with the deletion of the requirement for
subcontracts to be executed with STAR Health providers. However, the contract still
requires that a written plan for services based on the needs of the Child.]
Attachment F
Performance Measures
Output #2: Each Child’s Education Portfolio is up-to-date.
Performance Period: Contractor performance for this output is determined for one or
more of the following performance periods, wholly or partially, depending on the Contract
start and end dates: September 1 through November 30, December 1 through February
28/29, March 1 through May 31, and June 1 through August 31.
Indicator: Percentage of School-Age Children in (the Contractor's care) for 30 calendar
days or more whose Education Portfolios are up-to-date within 30 calendar days of all
(applicable) items requiring a portfolio change.
Target: 100%
Purpose: The purpose of this measure is to evaluate the Contractor’s success providing
current education information as described in Section 15.B) i. of this Contract to successive
Caregivers, the Department, and other necessary service providers in order to effectively
meet the Child’s education needs.
Data Source:
Performance Management Evaluation Tool (PMET): information reported by the Contractor:
i.
Number of School-Age Children in [DFPS] (the Contractor's) care for 30 calendar
days or more whose Education Portfolios were up(-to-)date within 30 calendar days
of all (applicable) items listed in Section 15.B)i requiring a portfolio change during
the performance period.
ii.
Number of School-Age Children in [DFPS] (the Contractor's) care for 30 calendar
days or more.
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Methodology:
The numerator is the total number of School-Age Children with up(-to-)date Education
Portfolios as described in the Data Source.
The denominator is the total number of School-Age Children as described in the Data
Source.
Divide the numerator by the denominator. Multiply by 100, and state as a percentage.
[The changes were made to Output#2 clarify that the children placed, are in the
“Contractor’s care”.]
Output #3: The Child's placement [is] (remains) stable[ilized].
Performance Period: Contractor performance for this output is determined for one or
more of the following performance periods, wholly or partially, depending on the
Contract start and end dates: September 1 through November 30, December 1 through
February 28/29, March 1 through May 31, and June 1 through August 31.
Indicator: Average length of stay for Children who left a placement during the
performance period, excluding certain reasons for discharge[ as described in the
methodology] (that are considered in support of the best interest of the child.)
Target: [Baseline data will be collected statewide during the contract period to establish
future targets.]
(Child Placing Agency (CPA): At least 215 Days
GRO-Child Care: At least 251 Days
GRO-Emergency Shelter (ES): At least 30 Days
GRO-Residential Treatment Center (RTC) : At least 175 Days
GRO-Treatment for Emotional Disorders (TED): At least 146 Days)
Purpose: The purpose of this measure is to determine the Contractor's ability to meet a
Child's needs without changing placements. (The measure relates to Item 6 "Ensure
placement stability children in foster care," of the Child and Family Services Review
(CFSR) of the US Health and Human Services Administration for Children and Families.)
Data Source: Information Management Protecting Adults and Children in Texas
(IMPACT)
Methodology: Methodologies vary by facility type and are detailed below.
Methodology for CPA: The denominator is the count of all placements that ended
during the period, except those ended for the following reasons:
i. Caregiver moved
ii. Court ordered emancipation/legally married
iii. Child placed in adoption
iv. Child placed with relatives/fictive kin
v. Child placed in closer proximity to parent/relative
vi. Foster home transferred to other CPA; Child remains in home
vii. Exceeds 14 day limitation of being away from placement
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The numerator is the sum of the number of days in placement for all placements
included in the denominator. Divide the numerator by the denominator to calculate the
average length of placement.
Methodology for GRO-RTC or GRO-Treatment Services: The denominator is the
count of all placements that ended during the period, except those ended for the
following reasons:
i. Achieved therapeutic goal(s)
ii. Court ordered emancipation/legally married
iii. Child placed in adoption
iv. Child placed with relatives/fictive kin
v. Child placed in closer proximity to parent/relative
vi. Not least restrictive
vii. Exceeds 14 day limitation of being away from placement
viii.Not verified/licensed to serve
The numerator is the sum of the number of days in placement for all placements
included in the denominator. Divide the numerator by the denominator to calculate the
average length of placement.
Methodology for GRO- Child Care or GRO-Emergency Shelter: The denominator is
the count of all placements that ended during the period, except those ended for the
following reasons:
i. Court ordered emancipation/legally married
ii. Child placed in adoption
iii. Child placed with relatives/fictive kin
iv. Child placed in closer proximity to parent/relative
v. Not least restrictive
vi. Exceeds 14 day limitation of being away from placement
vii. Not verified/licensed to serve
The numerator is the sum of the number of days in placement for all placements
included in the denominator. Divide the numerator by the denominator to calculate the
average length of placement.
[The changes were made to Output#3 to requirements and set targets for the
Performance Measure in relationship to the statewide baseline data that has been
collected.]
Output #4: Children (placed with a Child Placing Agency remain in their placements).
[This output only applies to CPAs.]
Performance Period: Contractor performance for this output is determined annually
but measured throughout the Contract period.
Indicator: Percentage of times Children placed with the Contractor experience two or
fewer placements while in any one unbroken episode of care.
Target: [Baseline data will be collected statewide during the contract period to
establish future targets.](94%)
Purpose: The purpose of this measure is to evaluate the Contractor’s effectiveness to
provide the Child stability by working with the Child, DFPS and the foster family to
minimize placement changes.
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Data Source: IMPACT
Methodology:
The numerator is the total number of placement episodes with the Contractor during
the performance period where the Child had been in two or fewer placements.
The denominator is the total number of placement episodes with the Contractor during
the performance period.
Divide the numerator by the denominator. Multiply by 100, and state as a percentage.
[The changes were made to Output#4 to requirements and set targets for the
Performance Measure in relationship to the statewide baseline data that has been
collected.]
Output #5: Children placed with a Contractor remain in the(ir) [care of the
Contractor] (placements.)
Performance Period: Contractor performance for this output is determined for one
or more of the following performance periods, wholly or partially, depending on the
Contract start and end dates: September 1 through November 30, December 1
through February 28/29, March 1 through May 31, and June 1 through August 31.
Indicator: Percentage of discharged Children who do not experience a discharge
initiated by the Contractor, with the exception of specific reasons determined to be,
generally, in the best interest of the Child.
Target: (84% for CPA)
Baseline data will be collected statewide during the contract period to establish future
targets (for all other facility types).
Purpose: The purpose of this measure is to reduce unplanned discharges of Children
initiated by the Contractor.
Data Source: IMPACT
Methodology:
The numerator is the number of placement discharges initiated by the Contractor
during the performance period, excluding those discharges for the specific reasons
determined to be in the best interest of the Child.
The denominator is the total number of placement discharges during the performance
period.
Divide the numerator by the denominator. (Subtract the result from 1.) Multiply by
100, and state as a percentage.
[The changes were made to Output#5 to set targets for the Performance Measure
for Child Placing Agencies using statewide baseline data that has been collected.
This measure was only more recently applied to all other facility types, so DFPS will
continue to collect baseline data until a target can be set.]
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Outcome #2: Children are able to maintain healthy Connections with caring Family
Members who can provide a positive influence in their lives.
Performance Period: Contractor performance for this outcome is determined for one
or more of the following performance periods, wholly or partially, depending on the
Contract start and end dates: September 1 through November 30, December 1
through February 28/29, March 1 through May 31, and June 1 through August 31.
Indicator: Percentage of Children in care seven or more days who have at least one
Personal Contact during the performance period with a Family Member, excluding
parents and siblings (in care), identified as appropriate for contact by DFPS.
Target: [Baseline data will be collected statewide during the contract period to
establish future targets.]
(Child Placing Agency (CPA): 82%
GRO-Basic Child Care (BCC): 84%
GRO-Emergency Shelter (ES): 77%
GRO-Residential Treatment Center (RTC): 88%
GRO-Treatment for Emotional Disorders (TED): 88%)
Purpose: The purpose of this measure is to assess the Contractor's ability to help the
Child maintain beneficial Connections with Family Members, other than the parents or
siblings.
Data Source: PMET: information reported by the Contractor:
i. Number of unduplicated Children in the Contractor's care seven or more days who had at
least one Personal Contact initiated by the Contractor during the performance period,
with a Family Member, other than a parent or sibling (in care), identified by DFPS as
appropriate for contact (numerator).
. Number of unduplicated Children in the Contractor's care seven or more days who had at
least one Family Member, other than a parent or sibling (in care) , identified by DFPS as
appropriate for contact (denominator).
Methodology: Divide the numerator by the denominator. Multiply by 100, and state
as a percentage.
[The changes were made to Outcome #2 to clarify that data related to connections
with siblings who are not in foster care, should be included in this measure. In
addition, DFPS set targets for the Performance Measure by using the statewide
baseline data that has been collected.]
Outcome #3: Children are able to maintain connections to siblings.
Performance Period: Contractor performance for this outcome is determined for one
or more of the following performance periods, wholly or partially, depending on the
Contract start and end dates: September 1 through November 30, December 1 through
February 28/29, March 1 through May 31, and June 1 through August 31.
Indicator: Percent of Children in care who have at least monthly Personal Contact with
each sibling in foster care, as described in Section 21 of this Contract.
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Target: Baseline data will be collected statewide during the contract period to establish
future targets.
Purpose: The purpose of this measure is to evaluate the Contractor's ability to help the
Child maintain connections with siblings who are also in foster care. This relates to Item
13 of the Child and Family Services Review (CFSR) of the US Health and Human Services
Administration for Children and Families.
Data Source: Performance Management Evaluation Tool (PMET); information reported
by the Contractor:
i. Number of Children under age 18 who have had at least one Face-to-Face contact
with each sibling placed within 100 miles, or at least two Telecommunications
contacts with each sibling placed more than 100 miles away, for each month during
the performance period.
ii. Number of Children under age 18 who are part of a sibling group for [each]( any)
month during the performance period (and had at least one sibling in a different
placement). Exceptions to this include when sibling contact is prohibited by court
order, contrary to the best interest of the Child as reflected in any of the Plans of
Service of a sibling, or for reasons determined and documented by a mental health
professional treating the sibling who should not visit.
Methodology:
The numerator is the number of Children who are part of a sibling group and had the
specified contact(s) each month, as stated in the Data Source.
The denominator is the number of Children who are part of a sibling group, as stated in
the Data Source.
Divide the numerator by the denominator. Multiply by 100 and state as a percentage.
[These changes were made to Outcome #3 to clarify the data which is captured by
the measure includes children who are part of a sibling group for any month during
the quarter and counts contact between siblings who are in a different placements.]
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Texas Dept. of Family
and Protective Services
Form 2282CX
August 2013
Residential Child-Care Contract
Attachment “A”
24-Hour Residential Child-Care Rates
The following rates will be effective through the Contract term:
Rate Structure
FY 2014-FY 2015 Rates
Basic CPA
$41.94
Basic Foster Family
$23.10
Basic Facility
$45.19
Moderate CPA
$76.31
Moderate Foster Family
$40.44
Moderate Facility
$103.03
Specialized CPA
$101.65
Specialized Foster Family
$51.99
Specialized Facility
$148.11
Intense CPA
$186.41
Intense Foster Family
$92.43
Intense Facility
$260.17
Emergency Care Services
$122.20
The amounts below are the minimum amounts that a Child-Placing Agency must
reimburse its foster families for Children receiving services under a Contract with the
Department.
Service Level
Basic
Moderate
Specialized
Intense
RCC
Minimum Daily Amount to be
Reimbursed to a Foster Family
$23.10
$40.44
$51.99
$92.43
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