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Background/Summary
DFPS is the Title IV-E Agency for Texas. The Social Security Act (the Act) includes requirements that define the circumstances under which the Title IV-E agency can claim foster care maintenance payments in accordance with an approved Title IV-E plan and mandates a child’s placement in an approved or licensed foster care setting that meets the safety requirements. DFPS claims and draws down Title IV-E federal funding when appropriate.
The Children’s Bureau (CB) conducts IV-E Reviews to monitor Title IV-E agency compliance in meeting requirements of Title IV-E of the Act regarding the eligibility of children on whose behalf foster care maintenance payments are made. The IV-E Reviews are conducted in accordance with 45 CFR § 1356.71 to monitor a Title IV-E agency’s compliance with certain requirements of Title IV-E at § 472 of the Act and implementing federal regulations at 45 CFR Part 1356. The authority for federal review of the foster care program is expressly provided for under § 471(a)(6) of the Act (see ACYF-PA-85-2).
Generally, IV-E Reviews:
- Help determine whether federal funds are spent on behalf of eligible children and are in accordance with federal statute, regulation, and policy.
- Help identify improper payments, including overpayments and underpayments.
- Provide a link to the joint planning, technical assistance, and program improvement processes that occur between the CB and Title IV-E agencies; and
- Provide timely and specific feedback to Title IV-E agencies that can directly influence the proper and efficient administration and implementation of their Title IV-E foster care maintenance payment programs.
The last Texas Title IV-E review, which occurred in 2018, had 7 errors and was not passed. The primary issue was related to employee background check requirements, and DFPS completed the required Program Improvement Plan. Future reviews were nationally suspended due to changes related to the passage of the federal Family First Prevention Services Act (FFPSA) and the Covid pandemic. During FY2025, the Children’s Bureau resumed Title IV-E reviews. All secondary reviews were suspended, with no additional steps required, and the federal review resumption meant states started anew with Primary reviews. Texas has been notified that it will experience its next Title IV-E Review the week of June 8, 2026.
Title IV-E Review Preparation
In preparation for this review, the agency will be conducting case reviews for a sample of the foster care cases between July 2025 and March 2026. If Title IV-E eligible children have been placed in a Title IV-E eligible placement setting during the period DFPS is reviewing, the required data collection will include background check compliance. DFPS will practice the protocol to be used in the actual federal review process. DFPS will partner with the HHSC Child Care Regulatory (CCR)’s Centralized Background Check Unit (CBCU) for background check reviews for General Residential Operations (GROs).
Specifically for GROs, CBCU will utilize their standard protocol for monitoring background check compliance. The protocol will include obtaining the validated list of employees identified for the specified time period from General Residential Operations (GROs) that contract with DFPS to care for children in conservatorship. CBCU will provide any GRO time to validate the employee list and then will obtain verification of appropriate background checks for the identified active employees.
The preparation will assist DFPS in its upcoming federal Title IV-E Review scheduled for June 2026. The information is being shared with residential providers who contract with DFPS to care for children in conservatorship to explain interactions you may have with the CBCU or DFPS staff as we practice the protocol. Thank you in advance for your assistance.
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