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2000 Legal Basis

Title IV-E Finance Handbook for County Contracts August 2009

A county that contracts with DFPS to provide Title IV-E services is required to comply with its Title IV-E contract and with the policies and procedures contained in this handbook.

Texas Family Code Chapter 264

If information in this handbook conflicts with state or federal law or the terms of the Title IV-E contract, the applicable state or federal law or contract term takes precedence.

2100 Federal and State Legal Authorities

2110 Federal Title IV-E Requirements

Title IV-E Finance Handbook for County Contracts August 2009

The primary federal legal authority for the provision of Title IV-E services is Title IV-E of the Social Security Act, which is codified at 42 United States Code (USC) §670 et seq.

Federal regulations relating to Title IV-E are located generally in the Code of Federal Regulations (CFR), Title 45, Public Welfare, including, but not limited to 45 CFR §1355, 45 CFR §1356, and additional regulations cited in 45 CFR §1355.30.

2120 Office of Management and Budget (OMB)

Title IV-E Finance Handbook for County Contracts August 2009

The subsections of this item cite the regulations and guidance issued by the federal Office of Management and Budget that are the basis of many of the Title IV-E contracting requirements.

2121 Administrative Requirements

Title IV-E Finance Handbook for County Contracts August 2009

The administrative requirements for administering grants and cooperative agreements are established in OMB Circular A-102, Grants and Cooperative Agreements With State and Local Governments.

2122 Cost Principles, Including State and Local Indirect Cost Rate Proposals

Title IV-E Finance Handbook for County Contracts August 2009

The cost principles for state, local and American Indian tribal governments are found in OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, published in federal regulations at 2 CFR Part 225.

OMB Circular A-87 includes Section E, Attachment E, Negotiation and Approval of Rates.

2123 Single Audits

Title IV-E Finance Handbook for County Contracts August 2009

Federal requirements for single audits are established in OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.

2130 State Contracting Requirements

Title IV-E Finance Handbook for County Contracts August 2009

State contracting requirements are outlined in the Uniform Grant Management Standards adopted by the Governor’s Office of Budget and Planning in June 2004.

2140 State Legal Authority for Title IV-E Contracts

Title IV-E Finance Handbook for County Contracts August 2009

The legal authority for Title IV-E contracts can be found in the following:

  ·  Human Resources Code (HRC) §40.002 Department of Family and Protective Services; General Duties of Department

  ·  HRC §40.058 Contracts and Agreements

  ·  HRC §40.0566 County Outreach Program

  ·  Texas Family Code (TFC), §264.005 County Child Welfare Boards

  ·  TFC §264.006 County Funds

  ·  TFC §264.102 County Contracts

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