Contracts
Master Services Agreement (MSA): Expect DFPS to insert non-negotiable language regarding "sole discretion" transfers and court order compliance in your next renewal or amendment.
Subcontracts: You must immediately amend agreements with Child Placing Agencies (CPAs) and network providers. Flow-down clauses are mandatory: if a subcontractor ignores a court order, it puts the SSCC in breach. Strengthen indemnification clauses to protect the SSCC from subcontractor non-compliance.
Hiring/Training
Judicial Compliance Officer: Designate a specific role responsible for the immediate intake, interpretation, and dissemination of court orders.
Staff Training: Case managers must be trained that a court order supersedes standard DFPS policy or internal SOPs. Non-compliance is no longer just a legal issue; it is a contract retention issue.
Reporting & Record-Keeping
Judicial Order Log: Implement a centralized tracking system for every court order received. You must document the date received, the specific requirement, and the operational action taken. This log will be your primary defense against breach of contract allegations.
Transfer Readiness: Maintain case files in "audit-ready" status to facilitate immediate transfer back to DFPS or a competitor if the state exercises its reclamation authority.
Fees & Costs
Revenue Volatility: Financial forecasting must account for the risk of sudden partial or total contract loss without a standard cure period.
Insurance: Review Errors & Omissions (E&O) policies. Ensure coverage extends to liabilities arising from "contractual reclamation" or alleged failure to comply with judicial mandates.
