SECTION 700.328. Foster Care Maintenance Payments

(a) Other than in a catchment area in which the Department of Family and Protective Services (DFPS) contracts with a Single Source Continuum Contractor, all providers of 24-hour residential child care, including foster family homes verified by DFPS, general residential operations, residential treatment centers, independent foster family homes, independent foster group homes, Supervised Independent Living (SIL) providers, child-placing agencies, and any other entity that meets the definition of "child-care institution" under 42 U.S.C. §672 must complete a contract or agreement with DFPS in order to receive foster care maintenance payments.

(b) DFPS's foster care rates are approved by the Health and Human Services Commission in accordance with 1 TAC §355.7103 (relating to Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements) and 1 TAC §355.7105 (relating to Reimbursement Methodology for Supervised Independent Living). Except as otherwise provided in those rules, the foster care payment rate is tied to the child's service level.

(c) Any entity that receives foster care maintenance payments in accordance with subsection (a) of this section must accept DFPS's Common Application for Placement of Children in Residential Child Care as the uniform assessment form and application for admission.

(d) General residential operations, residential treatment centers, independent foster family homes, independent foster group homes, SIL providers, Single Source Continuum Contractors, and child-placing agencies that receive payment from DFPS either directly or indirectly must submit cost reports in compliance with 1 TAC §355.7101 (relating to Cost Determination Process) and as specified in the entity's contract or agreement with DFPS. Failure to complete and submit a cost report is grounds for placing a hold on payments to the provider or for terminating the contract or agreement.

Source Note: The provisions of this §700.328 adopted to be effective October 31, 1984, 9 TexReg 5431; amended to be effective June 15, 1988, 13 TexReg 2219; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective January 1, 1994, 18 TexReg 8975; amended to be effective March 1, 2004, 29 TexReg 1416; amended to be effective September 1, 2007, 32 TexReg 5386; amended to be effective February 12, 2012, 37 TexReg 711