Texas Health and Human Services Commission
Family Violence Program Shelter Center Provider Manual
Revision: 08-1
Effective: September 1, 2008

Section 2000

Contract Standards

2100 Eligibility to Contract

Revision 08-1; Effective September 1, 2008

Law

  • Human Resources Code (HRC) Title 2, §51.003(a), Contracts
  • The department shall contract for services with family violence centers with consideration given to the plan for family violence services under §51.0021. These contracts are to expand existing family violence center services and may not result in reducing financial support a family violence center receives from another source. The contracts shall not provide for more than 75 percent of the cost of the family violence center program. The department shall develop a declining scale of state financial support for family violence centers, declining over a six-year period from the initiation of each individual contract, with no more than 50 percent of a family violence center program's funding to be provided by the state after the sixth year. The balance each year shall be provided from other sources. The department may adopt rules that will allow exceptions to the above scale in individual instances when a family violence center shall demonstrate that exigent circumstances require such a waiver.

  • HRC Title 2, §51.004, Contract Bids
(a)
To be eligible for a contract under §51.003(a), a family violence shelter center must:
(1)
provide temporary lodging and direct delivery of services for adults and their dependents;
(2)
have been in actual operation offering shelter services 24 hours a day with a capacity for not less than five persons for at least one year before the date on which the contract is awarded;
(3)
demonstrate that the center, through the services it provides, is addressing a need in the community consistent with the plan for family violence services under §51.0021; and
(4)
submit a contract application on forms prescribed by the department.
(c)
The department shall consider the following factors in awarding contracts under §51.003(a):
(1)
the family violence center's eligibility for and use of funds from the federal government, philanthropic organizations and voluntary sources;
(2)
community support for the family violence center, as evidenced by financial contributions from civic organizations, local governments and individuals;
(3)
evidence that the family violence center provides services that encourage self-sufficiency and effectively uses community resources;
(4)
evidence of involvement with local law enforcement officials; and
(5)
support for the family violence center through volunteer work, especially volunteer effort by persons who have been victims of family violence.
(e)
The department shall use a noncompetitive procurement procedure if the department determines that there is no competition between eligible family violence centers for a service area. If the department determines that there is competition between eligible family violence centers for a service area, the department shall award a contract through a competitive procurement procedure.
  • HRC, Title 2, §51.005
(b)
The contracts shall require the persons operating a family violence center to:
(3)
provide, as its primary purpose, services to victims of family violence that include:
(A)
24-hour-a-day shelter, except that a family violence nonresidential center may provide access to a 24-hour-a-day shelter;
(B)
a 24-hour-a-day crisis hotline, except that a family violence nonresidential center may provide access to a 24-hour-a-day crisis hotline operated by another organization located in the nonresidential center's service area;
(C)
access to emergency medical care;
(D)
intervention services, including safety planning, understanding and support, information, education, referrals, and other resource assistance;
(E)
access to emergency transportation;
(F)
legal assistance in the civil and criminal justice systems, including:
(i)
identifying individual needs, legal rights and legal options; and
(ii)
providing support and accompaniment in pursuing those options;
(G)
information about educational arrangements for children;
(H)
information about training for and seeking employment;
(I)
cooperation with criminal justice officials;
(J)
community education;
(K)
a referral system to existing community services; and
(L)
a volunteer recruitment and training program.

Note

To reference HRC, Chapter 51, go to http://tlo2.tlc.state.tx.us/statutes/hr.toc.htm.

Suggested Practice

None

2200 Contract Procurements and Awards

Revision 08-1; Effective September 1, 2008

Law

  • Texas Administrative Code (TAC) Title 40, Part 1, Chapter 69, Contracted Services
  • Government Code, Chapter 2155

Notes

Suggested Practice

None

2210 New Contracts

Revision 08-1; Effective September 1, 2008

Law

  • Family Violence Prevention and Services Act (FVPSA)
  • HRC, §51.0021

Notes

  • For more information regarding new contractors, see FVPSA at
    http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=42USCC110.
  • HHSC will review all new contracts applications and determine contract awards based on the:
    • state of Texas plan for family violence services. The current state of Texas plan is called "Access to Safety, Justice and Opportunity" and is on the Texas Council on Family Violence website at www.tcfv.org.
    • ability of the contractors to provide the mandated services.
    • availability of state and federal funds.

Suggested Practice

None

2220 Contract Renewal for Current Contractors

Revision 08-1; Effective September 1, 2008

Notes

  • HHSC will send contract renewal packets to each shelter center before the end of the fiscal year to maintain provision of services.
  • For more information about contracts renewal requirements, see the HHSC Family Violence Program contract, Article 3, Section 3.05(d) and Article 13, Section 13.06(a)-(b).

Suggested Practice

None

2300 Contract Approval Process

Revision 08-1; Effective September 1, 2008

Note

All required contract documents must be submitted by the contractor for HHSC approval by the prescribed due date. Upon execution of the contract documents, the HHSC Family Violence Program staff will distribute an original executed contract to the contractor.

Suggested Practice

None

2400 Funding

Revision 08-1; Effective September 1, 2008

Law

HRC Title 2, §51.003(a), Contracts

Notes

  • The Family Violence Program is a program within HHSC that uses state and federal funds for shelter center contracts. The contract period is 12 months that begins and ends with the state fiscal year.
  • The funding allocation formula is recommended every two years by an allocations committee, convened by the Texas Council on Family Violence, which is representative of family violence providers statewide. HHSC reviews and approves the allocation formula used each year.
  • For more information about obtaining funding, see the Family Violence Program website at
    www.hhsc.state.tx.us/programs/familyviolence/index.shtml.

2410 Eligibility for Satellite Shelters

Revision 08-1; Effective September 1, 2008

Law

Notes

  • See Section 5000 Facility, Safety and Health Requirements, for more rules and information regarding satellite shelters.
  • Funding for satellite shelters will be awarded only at the beginning of a fiscal year. Satellite shelter funding for partial years is not available.
  • Funding for satellite shelters is contingent on the availability of funds.

Suggested Practice

None

2420 Level of Funding Scale

Revision 08-1; Effective September 1, 2008

Law

HRC Title 2, §51.003(a)

The department shall develop a declining scale of state financial support for family violence shelter centers, declining over a six-year period from the initiation of each individual contract, with no more than 50 percent of a family violence shelter center program's funding to be provided by the state after the sixth year. The balance each year shall be provided from other sources. For more information, go to Chapter 51 at http://tlo2.tlc.state.tx.us/statutes/hr.toc.htm.

Notes

  • For more information about the HHSC level of funding scale requirements, see the HHSC Family Violence Program contract, Article 13, Section 13.06(h).
  • For more information on annual operating budgets, go to Section 3000, Fiscal Management.

Suggested Practice

None

2430  Waiver or Variance

Revision 08-1; Effective September 1, 2008

Law

  • §379.205 Funding Waivers
  • §379.206 Requesting a Variance or Waiver
  • §379.207 More than One Funding Percentage Waiver
  • HRC Title 2, §51.003(a)

The department may adopt rules that will allow exceptions to the above scale in individual instances when a family violence shelter center shall demonstrate that exigent circumstances require such a waiver. For more information, go to Chapter 51 at http://tlo2.tlc.state.tx.us/statutes/hr.toc.htm.

Notes

  • For more information about amending shelter contracts, see the HHSC Family Violence Program contract, Article 13, Section 13.06(i).
  • The HHSC Family Violence Program will review any waiver request submitted by the center and make a determination.

Suggested Practice

None

2500  Contract Requirements

Revision 08-1; Effective September 1, 2008

2510  Outcome Measures

Revision 08-1; Effective September 1, 2008

Law

The Government Performance and Results Act of 1993 requires state agencies to have outcome measures for all their programs.

Notes

  • For more information regarding the Government Performance and Results Act of 1993, go to www.whitehouse.gov/omb/mgmt-gpra/gplaw2m.html.
  • An outcome is a statement reflecting measurable changes brought about by program efforts.
  • In order to assess the Family Violence Program's overall statewide performance in relation to outcomes, HHSC implemented basic standardized outcomes starting in fiscal year 2004. HHSC developed these outcomes in close collaboration with Texas Council on Family Violence staff and its Program Policy Committee, and based them on a review of current contractor outcomes and research on national family violence outcomes.
    • A sample survey is available for use by centers to obtain data for the standardized outcome measures. Contact the Family Violence Program to obtain a copy of the survey, which is available in English and Spanish.
  • In addition to the required outcomes, the center may develop and measure outcomes more specific to its program and community needs.

Suggested Practice

Though the center can collect outcome data by the method it determines is best, it is recommended that the center not link any of the information collected to identifiable resident, nonresident or program participant records.

2520  Contract Amendments

Revision 08-1; Effective September 1, 2008

Note

For more information about contract amendment requirements, see the HHSC Family Violence Program contract, Article 7 and Article 13, Section 13.06(b).

Suggested Practice

None

2530  Budget Revision

Revision 08-1; Effective September 1, 2008

Note

For more information about budget revision requirements, see the HHSC Family Violence Program contract, Article 13, Section 13.06(j).

Suggested Practice

None

2540  Subcontracts

Revision 08-1; Effective September 1, 2008

Note

For more information about subcontract requirements, see the HHSC Family Violence Program contract, Article 13, Section 13.06(k).

Suggested Practice

None

2550 Documentation

Revision 08-1; Effective September 1, 2008

Notes

For more information about documentation requirements, see:

  • the HHSC Family Violence Program contract, Article 13, Section 13.06(c)-(d); and
  • Section 6000, Program Administration.

Written staff-to-staff communications are not considered HHSC-related documents and therefore do not have to be kept for HHSC monitoring purposes.

Suggested Practices

  • Before donating or disposing of computers that store client information (for example, Integrated Tracking System (ITS) data), the shelter center should physically remove and destroy each computer's hard drive.
  • If a computer that stores client information is reassigned to someone else within the organization who doesn't need access to the information, reformat the hard drive and contact HHSC or the state coalition for further security steps.
  • For confidentiality and security reasons, the shelter center should have an inventory system that tracks the location history of all computers. The organization should address this inventory system in its electronic retention/destruction policy and procedures.

2551 Internal Monitoring System

Revision 08-1; Effective September 1, 2008

Law

§379.204 Internal Monitoring System

Notes

  • An internal monitoring system contains the plan of the organization and all of the coordinated methods and measures adopted by management to safeguard assets, ensure the accuracy and reliability of accounting data, protect quality of services and other information, and maintain adherence to prescribed policies.
  • HHSC staff may discuss the center’s internal monitoring system with shelter center staff during monitoring visits.
  • As part of your internal monitoring system, HHSC requires that center staff have access to the HHSC Family Violence Program manual at all center locations. For more information about this requirement, see the HHSC Family Violence Program contract, Article 13, Section 13.06(g).

Suggested Practice

It is recommended that the internal monitoring system designate the:

  • staff responsible for internal monitoring;
  • process by which program, fiscal and administrative compliance will be reviewed;
  • frequency of internal monitoring; and
  • process for implementing corrective action as needed.

2552 Contract Monitoring and Evaluation

Revision 08-1; Effective September 1, 2008

Notes

  • HHSC develops an annual monitoring plan and schedule based on a risk assessment of all HHSC-funded family violence contractors. Every HHSC contractor will be monitored at least once over each biennium.
  • HHSC Family Violence Program on-site monitoring includes assessing compliance with:
  • HHSC will send a written report of on-site monitoring visits to the shelter center within 20 business days that describes:
    • findings, if any, from the monitoring visit; and
    • corrective actions, required recommendations and/or other suggested recommendations, if any, to be taken by the center.
  • In addition to monitoring visits, HHSC evaluates contractors’ compliance with reporting requirements and meeting deadlines on an ongoing basis.
  • Family Violence Program staff receives training on the same family violence issues that are required by rule in the orientation and initial training for all center staff. See §379.404, New Employee Orientation and Training, for more information about the required topics.
  • For more information about contract monitoring and evaluation requirements, see the HHSC Family Violence Program contract, Article 13, Section 13.06(e).

Suggested Practice

None

2553 Response to Monitoring Report

Revision 08-1; Effective September 1, 2008

Notes

  • For more information about the center’s requirements regarding responses to monitoring reports, see the HHSC Family Violence Program contract, Article 13, Section 13.06(f).
  • For more information about non-compliance with rules, see the HHSC Family Violence Program contract, Article 13, Section 13.06(m).
  • After the initial written response deadline of 30 days, follow-up responses from the center may be required. If the shelter center does not address all problems or findings by specified due dates identified by the HHSC Family Violence Program staff, fiscal sanctions may be imposed.

Suggested Practice

None

2560 Change in Corporate Control

Revision 08-1; Effective September 1, 2008

Notes

  • HHSC defines change in corporate control as a transfer of a center from one nonprofit organization to another.
  • For more information about what the center must do if it changes its corporate control, see the HHSC Family Violence Program contract, Article 13, Section 13.06(l).

Suggested Practice

None

2600 Contract Benefits

Revision 08-1; Effective September 1, 2008

2610 Access to State Surplus Property

Revision 08-1; Effective September 1, 2008

Notes

  • Entities contracting with HHSC may be eligible to acquire state surplus property.
  • Nonprofit organizations providing educational, health and human services assistance are automatically allowed to participate in the program. They are required to show proof of their tax-exempt status when they pick up the surplus property. A copy of a letter from the Internal Revenue Service indicating their nonprofit status or a letter from the Texas Comptroller of Public Accounts granting tax-exempt status constitutes acceptable documentation.
  • Certain for-profit and faith-based assistance organizations that have client service contracts or non-financial client service agreements, such as memorandums of understanding, with HHSC are eligible to participate in the Texas Surplus Property Program. Participation is dependent upon eligible entities having a valid certification letter from HHSC, and turning in a copy of that letter when they pick up the surplus property.
  • Individuals, including sole proprietors, are excluded from participation.
  • For more information, contact the Texas Facilities Commission (TFC), which runs the Texas Surplus Property Program. Groups wanting information about the program, and/or how to receive lists of available surplus property, should contact the TFC surplus property coordinator at 512-463-3381, or by mail at:
Texas Facilities Commission
State Surplus Coordinator
P.O. Box 13047
Austin, TX 78711-3047
www.tfc.state.tx.us/communities/supportserv/prog/statesurplus