January 20, 2015

Contracting with DFPS

There are two types of county contracts:

•  Reimbursable contracts; and
•  Non-reimbursable contracts;

Both reimbursable and non-reimbursable contracts differ from other CPS contracts in that they:

•  are contracts between DFPS and a county government,
•  establish child welfare boards; and
•  do not require a termination date, although they are strongly encouraged; see 8526.4 Including Termination Dates.

The county determines whether to be reimbursed for services it provides to DFPS.

Some counties choose not to be reimbursed because the county or the child welfare board believes the reimbursement does not justify the level of documentation.

If the county chooses not to be reimbursed, it must still negotiate a contract with DFPS.  (The contract is the means by which DFPS formally recognizes the creation and maintenance of a child welfare board. If there is no contract, DFPS will not recognize the child welfare board and will be restricted from sharing any type of confidential information.)

8526.7 Restrictions on Child Welfare Boards

CPS November 2006

A child welfare board is part of the county government. The county commissioner’s court must authorize the existence of a child welfare board as well as approve the individual board members.

The relationship between the county and the child welfare board is not specific in the statute. Generally, the county and the child welfare board determine their relationship without input from DFPS.

In some situations, the relationship between the county and the child welfare board is very formal with the county giving approval for all expenditures or actually paying for some or all of the expenditures.

In other situations, the relationship is very informal with the county leaving the decision-making authority for expenditures to the child welfare board and requiring little information from them.

For further details on child welfare boards, see:
Texas Family Code, §264.005, County Council Welfare Boards