Document Citation: 37 TAC § 111.1

Header:

TEXAS ADMINISTRATIVE CODE
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 3. TEXAS YOUTH COMMISSION
CHAPTER 111. CONTRACTS
SUBCHAPTER A. CONTRACTS FOR YOUTH SERVCIES


Date:
08/31/2009

Document:
37 TAC § 111.1 (2011)

§ 111.1. Purchasing Youth Services

(a) Purpose. The purpose of this rule is to establish the basic requirements for purchasing youth services from residential and non-residential services providers. Texas Youth Commission (TYC) may purchase residential and non-residential care and treatment services to meet the needs of TYC youth.

(b) Applicability. This rule applies to all youth services that TYC purchases from public or private entities.

(c) Criteria for Purchasing Youth Services.

(1) Potential service providers will be identified through assessments or accordance to § 111.9 of this title (relating to Request for Proposal). Criteria for determining the acceptability of providers include:

(A) agency needs and budget;

(B) service provider qualifications;

(C) past experience (if any) with the service provider;

(D) proposed cost;

(E) accessibility of services to TYC youth; and

(F) specific requirements for the desired services.

(2) The director of juvenile corrections will use the following criteria when determining which purchases of youth services require a contact:

(A) TYC's specifications for the services;

(B) professional qualifications;

(C) the use of the service; and

(D) other criteria as appropriate for the particular purchase.

(3) Each purchase of youth services must have at least the following documentation:

(A) description of services;

(B) payment terms and conditions;

(C) approvals or authorizations;

(D) invoice from service provider; and

(E) certification that services have been received.

(d) Contracting for Residential Services.

(1) Residential service providers must be licensed or certified under:

(A) TYC's Core Standards; or

(B) Texas Department of Family and Protective Services (DFPS) Standards; or

(C) Texas Department of Mental Health and Mental Retardation (MHMR) Community Standards; or

(D) Texas Commission on Alcohol and Drug Abuse (CADA) Standards; or

(E) Texas Department of Health (TDH) Standards; or

(F) Texas Rehabilitation Commission (TRC) Standards; or

(G) Texas Juvenile Probation Commission (JPC) Standards; or

(H) other standards as determined by the appropriate juvenile corrections director.

(2) Residential service providers must agree to provide services as set forth in their response to the statement of work or accordance to § 111.9 of this title.

(3) Residential service providers must agree to all terms and conditions in the contract for services.

(4) Contracts will not be automatically renewed:

(A) Recommendations for renewing contracts will be based on evaluations of performance and service delivery according to the Residential Contract Monitoring criteria.

(B) TYC will negotiate with service providers whose contracts are recommended for renewal concerning the:

(i) types and quality of services to be provided during the renewal period;

(ii) terms and conditions for providing these services;

(iii) rates TYC will pay for the requested service.

(C) TYC will not renew a contract if negotiations do not result in the desired types and quality of services or the rate is not agreed upon.

(e) Contracting for Non-Residential Services.

(1) The following non-residential services must have a written contract:

(A) parole services;

(B) chemical dependency follow-up services;

(C) emotionally disturbed follow-up services;

(D) sex offender follow-up services;

(E) MHMR services;

(F) youth advisor;

(G) speech therapist;

(H) diagnostician;

(I) GED services;

(J) youth job training or employment;

(K) interpreter services;

(L) psychological evaluations for youth at designated residential placements;

(M) airport assistance services for youth in transit; or

(N) other services as determined by the appropriate juvenile corrections director.

(2) Non-residential service providers must meet the basic qualifications for providing the requested services.

(3) Non-residential service providers must agree to all terms and conditions in the contract for services.

(4) Contracts for non-residential services will not be automatically renewed:

(A) Recommendations for renewing contracts will be based on evaluations of performance and service delivery according to contract expectations.

(B) TYC will negotiate with the service providers whose contracts are recommended for renewal concerning the:

(i) types and quality of services to be provided during the renewal period;

(ii) terms and conditions for providing the requested services; and

(iii) rates TYC will pay for the requested services.

(C) TYC will not renew a contract if negotiations do not result in the desired types and quality of services or the rate is not agreed upon.

(f) Contracts may be for a term up to two (2) years unless otherwise specified in § 111.9 of this title.

(g) Contracts may be amended for good cause:

(1) TYC or the service provider may request amendments;

(2) amendments requested by service providers will not be automatically approved. Designated TYC staff will evaluate proposed amendments and make a recommendation to the appropriate juvenile corrections director. Criteria for evaluating proposed amendments include:

(A) agency needs and budget;

(B) quality of current services received from service provider;

(C) significance of proposed amendment to overall level of service; and

(D) other criteria appropriate for the circumstances.

(3) TYC may negotiate with the service provider about the terms and conditions of the proposed amendment.

(h) A contract must be executed prior to the funds being obligated or services received, except in an emergency. In an emergency, the approval must be obtained from the appropriate juvenile corrections director as soon as possible.

(i) Purchasing Youth Services Not Requiring a Contract.

(1) The following purchases of youth services will not require a contract:

(A) medical services for youth in TYC's residential contract programs (e.g., physicians, hospitals, dentists, pharmacies, etc.);

(B) independent living subsidies as outlined in § 87.23 of this title (relating to Subsidized Independent Living);

(C) financial assistance as outlined in § 91.49 of this title (relating to College/Technical Institute Financial Assistance);

(D) transportation as outlined in the Human Resource Code § 61.082 and bus tokens or passes for local transportation; and

(E) individual purchases (not define above) under $ 500.00.

(2) The chief local administrator (CLA) is responsible for developing and implementing a control system for facilities and offices purchasing youth services not requiring contract. The control system must include:

(A) procedures for approval process for obligating funds or receiving services;

(B) procedures for training TYC staff and service providers;

(C) procedures for documentation process on purchases of youth services;

(D) procedures for authorizing medical services;

(E) procedures for payment of medical services; and

(F) other procedures that the CLA deems appropriate.

(3) The CLA assigns an appropriate staff responsible for authorizing purchasing youth services not requiring a contract.