CBC Attorney IV

TX-HHSC-DSHS-DFPS•Austin, TX

About The Position

The Texas Department of Family and Protective Services (DFPS) works to build on strengths of families and communities to keep children and vulnerable adults safe, so they thrive. We do this through investigations, services, and referrals. Performs advanced (senior-level) legal work involving examining and preparing legal documents, interpreting laws and regulations, rendering legal advice and counsel, consulting with trial attorneys, conducting hearings, and preparing cases for agency hearings and/or trials. Works under minimal supervision, with considerable latitude for the use of initiative and independent judgment. This position will be a direct report to the General Counsel and work under the General Counsel’s direction.

Requirements

Ability to maintain the security and integrity of the infrastructure per Governor Abbot Executive Order GA-48.
Knowledge of legal principles, practices, and proceedings; state and federal laws, rules, and regulations; and agency administrative rules and regulations.
Knowledge of fundamentals of contract law, government law and Texas state agency contracts.
Knowledge in reviewing, developing, negotiating, and management of contracts and grants.
Knowledge of Texas procurement and contracting laws.
Skill in legal research, writing, and analysis; in the use of a computer and applicable software; in applying reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; and in using judgment to identify courses of action.
Skill in efficient legal research including use of Westlaw and other internet legal research.
Skill in interpreting statutes and reviewing, understanding, and explaining the meaning and impact of pending legislation.
Skill in conducting research, to summarize findings, and to use legal reference materials.
Skill in foreseeing legal implications of contract terms and procurement and contract actions and advice accordingly.
Skill in exceptional oral and written communication skills to a wide range of audiences.
Skill in identifying relevant legal issues.
Skill in organizing and expressing complex legal problems clearly and concisely both orally and in writing.
Skill in preparing opinions, contracts, rules, and policies and procedures.
Skill in preparing high-quality, complex procurement and contractual documents.
Skill in identifying problems, evaluating alternatives, and implementing solutions.
Skill in demonstrating sound judgment and reasonable tolerance of ambiguity in the performance of job duties.
Skill in working collaboratively and cooperatively with clients, other government officers and employees, and stakeholder groups.
Skill in articulating legal concepts to management and other stakeholders.
Skill in providing legal representation in administrative or contested case hearings.
Skill in courtroom advocacy
Ability to conduct hearings, to prepare opinions and briefs, to prepare cases for trial, to conduct research, to summarize findings, to interpret and apply laws, to use legal reference materials, and to communicate effectively.
Ability to supervise others.
Ability to manage multiple priorities.
Ability to utilize legal experience and training to assist in developing policies and training to safeguard federal funds flowing to agency, minimize liability and avoid risk to clients.
Ability to analyze moderately complex to advanced factual and legal issues related to a wide variety of federal and state laws.
Ability to organize and manage in a timely fashion multiple tasks of varying priorities and to make efficient use of time and resources.
Ability to think creatively and apply clear, logical problem-solving techniques.
Ability to maintain professional and collegial relations with all levels of management and staff at the DFPS, as well as with other agencies’ management and staff and the public.
Must be licensed as an attorney by the State of Texas.
Experience in legal work.
Graduation from an accredited law school with a Juris Doctor (JD) degree.

Responsibilities

Coordinate, formulate, and establish policies and procedures.
Reviews and advises on the development of agency CBC contracting and monitoring.
Provides legal advice regarding CBC contracts and its monitoring. Provides legal assistance on adverse actions and other contract remedies.
Drafts, reviews, and analyzes state and federal legislation that impacts the agency and CBC contract operations.
Review drafts of bills or amendments for legislative consideration.
Drafts and analyze state and federal legislation regarding CBC operations.
Determines when legislative initiatives are required for statutory changes to help the CBC program effectively carry out their duties through review of gaps in policy or the law.
Assists DFPS CBC program staff in understanding the impact of the bill and actions the agency will need to take if the bill passes to ensure compliance with the law and to make sure staff are meeting required statutory timeframes.
Provide timely and expert resource assistance to DFPS government relations staff and the legal legislative coordinator.
Respond to questions from the state legislative offices concerning existing law, potential statutory changes, and current program policies and procedures as needed.
Testifies and serve as a resource witness during legislative hearings.
Prepare subpoenas requiring the appearance of witnesses, records, and documents for hearings and civil litigations.
Enforce regulatory provisions and prosecute violations.
Enforces required state and federal regulatory provisions for program areas to reduce liability of adverse impact on the agency.
Prosecutes violations of state and federal regulatory provisions for program areas as required by said provisions to reduce liability of adverse impact.
Review drafts of laws, rules, and regulations affecting agency operations.
Drafts and reviews of legal instruments and regulations in accordance with agency’s legal authority and with state and federal laws and regulations relating to CBC contracts and contract management.
Drafts and reviews of CBC Memoranda of Understanding, policies and procedures, rules, and notices that relate to CBC contracts and other agency programs as needed.
Provides consultation and advice concerning case specific CBC contract and contract management questions and general issues of concern to DFPS programs and divisions.
Consults on legal risks and liabilities on agency proposed actions and advises on ways to mitigate legal risks.
Monitors changes in state and federal agency rules.
Provides general support to DFPS programs in their activities to ensure compliance with applicable laws.
Schedule hearings, interrogate witnesses, and prepare decisions on administrative appeals of decisions and rulings.
Represents the agency in matters before a court or in SOAH hearings as appropriate.
Handles informal administrative appeals.
Draft memoranda on regulatory matters and administrative rules for the Texas Register.
Draft and refine memoranda and guide rulemaking through all required stages of the process, including preparation for publication in the Texas Register and adoption in the Texas Administrative Code as needed.
Serve as a liaison with complainants to be represented in an administrative hearing or with their authorized representatives.
Serve as the agency's representative hearings before the State Office of Administrative Hearings (SOAH), including cases involving the Texas Workforce Commission, ensuring accurate presentation of agency policies, procedures, and regulatory positions.
Prepare and/or assist in preparing cases for trial and represent the agency in matters before a court as appropriate.
Prepares documents required for CBC cases, including briefs and other court documents.
Monitors the progress of all DFPS CBC cases within the assigned area of responsibility and takes appropriate measures to ensure the timely and appropriate resolution of those cases.
Prepares and reviews exhibits and discovery, summarizing materials.
Advises staff and the public on legal matters and the interpretation and application of agency regulations and state and federal laws.
Advises and prepares agency training materials and presents to internal and external stakeholders.
Provides expertise and instruction in family law, civil litigation, governmental and other state and federal laws, regulations, and agency policy to staff and public.
Advises outside, county and district attorneys on legal matters.
Coordinates and advises staff and the public on legal matters and on the interpretation and application of agency regulations and state and federal laws.
Provides legal training to agency staff and the legal community on the interpretation and application of agency regulations and state and federal laws.
Conducts presentations and provides information and testimony to agency leadership, legislative committees, state and federal agencies, and other groups and organizations on all matters that the agency may request information or on issues that external entities have expressed concerns related to agency actions.
Provides legal assistance on adverse actions.
Prepares legal opinions, briefs, contracts, proposals, and reports.
Advises Agency leadership and CBC contracting staff on federal and state laws and regulations. Consults with management concerning legal ramifications of possible changes in overall practices and procedures
Coordinates and advises staff and the public on legal matters and on the interpretation and application of agency regulations and state and federal laws.
Analyzes agency compliance with state agency reporting requirements, records management requirements, open government requirements, or other statutory requirements.
Conducts and/or assists in conducting administrative, regulatory, evidentiary, and enforcement hearings.
Drafts substantive legal documents, including opinions, briefs, and memoranda that include analyses of agency authority under state and federal law.
Coordinates materials for potential litigation matters in coordination with the Office of the Attorney General, as necessary.
Represents agency in CBC contract negotiations and disputes, including protests and contract-related claims, as well as other matters as requested by agency management.
Serves as liaison between agency and agency’s legal counsel in administrative or contested case hearings.
Represents agency in state district, county and child protection courts.
Performs related work as assigned.

Benefits

100% paid health insurance for you, and 50% paid for eligible family members—saving you hundreds every month in out-of-pocket medical costs
Retirement plans with lifetime monthly payments after five years of state service, plus options to save even more with 401(k) and 457 plans
Paid vacation, holidays, and sick leave so you can recharge and take care of life outside work (that’s time off you’re actually paid for)
Optional dental, vision, and life insurance—at rates much lower than most private plans
Flexible spending accounts for added tax savings on health and dependent care
Employee discounts on things like gym memberships, electronics, and entertainment

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