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Texas Family Code - FAM § 264.191. Change Order Process

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of § 264.191 as added by Acts 2025, 89th Leg., ch. 9 (S.B. 513), § 1, eff. Sept. 1, 2025.  See, also, § 264.191 as added by Acts 2025, 89th Leg., ch. 73 (S.B. 2034), § 2, eff. May 19, 2025. >
<This section expires September 1, 2031 pursuant to V.T.C.A. Family Code § 264.198.>

(a) The department shall request any change to the contracted scope of work of the lead entity related to the pilot program in writing.  The request must include:

(1) a detailed explanation of the proposed change and reasons for the proposed change;  and

(2) a comprehensive cost analysis for implementing the proposed change that includes:

(A) the source of funding for the proposed change;  or

(B) if funding sufficient to implement the change is not available, an explanation of how existing requirements will be modified for the cost of the proposed change to fit into the existing budget.

(b) A change request under this section is subject to negotiation between the lead entity and the department.  The lead entity may reject any proposed change that is not adequately funded or substantially alters the provision of community-based care under the contract executed between the department and the entity, unless the change is required by federal or state law or court order or is necessary to ensure child health or safety.  In the event of a dispute between the department and the entity regarding a proposed change or the funding for the change, the department and lead entity shall follow the conflict resolution process described by Section 264.190.

(c) This section may not be construed to limit or restrict the authority of the department to include necessary oversight measures and review processes in a contract under this subchapter to maintain compliance with federal and state requirements.  The department retains responsibility for the quality of contracted services and programs and shall ensure that, at a minimum, services are delivered in accordance with applicable state and federal law.

(d) A lead entity and its subcontractors must comply with each applicable court order:

(1) issued in a suit regarding a child for whom the lead entity or its subcontractors have assumed case management responsibilities;  or

(2) imposing a requirement on the department that relates to contracted functions assumed by the lead entity or its subcontractors.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 264.191. Change Order Process - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-264-191/

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