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HEALTH & HUMAN SERVICES, UNITED STATES DEPARTMENT OF

Attorney V

HEALTH & HUMAN SERVICES, UNITED STATES DEPARTMENT OF, Austin, Texas, us, 78716


Attorney V- The Department of Family and Protective Services (DFPS) Legal Managing Attorney performs highly advanced (senior-level) legal work within the DFPS Legal Services Division. Work involves directing and planning legal activities, overseeing the preparation of legal documents, overseeing hearings, interpreting laws and regulations, and rendering legal advice and counsel. Supervises the work of regional attorneys and regional support staff. Works under minimal supervision, with extensive latitude for the use of initiative and independent judgment.

Essential Job Functions:Directs, organizes, and coordinates legal and administrative activities.Directs, organizes, and coordinates litigation activities on behalf of the agency and supervises regional legal staff.Develops litigation strategies and approaches and oversees the litigation of DFPS court cases represented by DFPS attorneys.Oversees litigation activities on behalf of the agency including the litigation of DFPS court cases represented by DFPS attorneys.Directs and plans legal activities on behalf of the agency.Oversees the preparation of legal documents and the representation by regional legal staff and of county and district attorneys.Oversees the interpretation of laws and regulations and the rendering of legal advice and counsel.Oversees the preparation of legal opinions, briefs, contracts, proposals, and reports.Oversees the creation and issuance of legal documents, including subpoenas, motions, orders, writs, warrants, contracts, official policies, and other related documents.Oversees the preparation and timely filing of petitions, answers, motions, responses, replies, briefs, and discovery requests.Oversees and advises DFPS staff on legal matters and on the interpretation and application of agency regulations and state and federal laws.Oversees and provides legal advice, opinions, consultation, and interpretations of statutes, regulations, and rules to DFPS staff.Oversees and provides advice on legal matters, and the interpretation and application of state and federal laws, regulations and rules affecting agency programs and operations to DFPS staff.Advises agency management, staff, local prosecutors, and the judiciary on highly complex legal matters.Analyzes the probable outcomes of cases and litigation, and advises agency leadership, management, and Legal Services Division staff accordingly.Responds to legislative inquiries and other requests for information related to the agency.Coordinates as needed with HHSC attorneys in overseeing administrative, regulatory, evidentiary, and enforcement hearings.As needed by HHSC attorneys, may direct complex legal and analytical work on substantive and procedural issues in litigation for administrative, regulatory, evidentiary and enforcement hearings.As needed by HHSC attorneys, attends, and participates in depositions, hearings, and trials.Oversees the preparation of cases for court trials and represents the agency in matters before a court as appropriate.Represents the agency at hearings, legislative sessions, trials, other legal proceedings, conferences, meetings, seminars or on boards, panels, and committees.Oversees case preparation and legal research for litigation and represents DFPS in matters before the court.Oversees the preparation of evidence, information, documents, statements, legal instruments, witnesses, and other legal materials for litigation activities.Oversees the preparation of appeals of decisions and orders.Develops and prepares appeals of legal decisions and orders, and ensures timely, appropriate legal action on behalf of the agency.Oversees the planning and organization of litigation case and task assignments within the division.Oversees the preparation of subpoenas requiring the appearance of witnesses, records, and documents for hearings and civil litigations.Oversees the creation and issuance of subpoenas for DFPS.Oversees legal defenses, witnesses and relevant evidence, witness preparation; preparation of subpoenas; and, attending and participating in depositions, hearings, and trials.Coordinates cases with HHSC attorneys to enforce agency regulatory provisions and prosecute violations.Provides training to agency personnel and external entities as needed regarding legal issues, responsibilities, risk mitigation and testimony.Develops legal interpretations and opinions concerning applicable laws, regulations, and case rulings.Coordinates monitoring efforts within the Legal Services Division to ensure agency compliance with federal and state laws, regulations, rules, and policies.Coordinates with DFPS policy attorneys on the drafting of memorandums on regulatory matters and administrative rules.Coordinates with DFPS policy attorneys on the formulating, establishing, and reviewing of policies and procedures.Coordinates with the DFPS policy attorneys on the formulating, establishing, and reviewing of agency rules, agency administrative policies, and agency program policies and procedures for DFPS.Provides legal expertise to support policy development within agency programs and to assist programs in establishing program goals, objectives, policies, and procedures.Provides legal counsel, consultation, and expertise, and coordinates strategic planning and policy development.Reviews legislation while formulating policy and procedures to ensure compliance.Reviews drafts of laws, rules, and regulations affecting agency operations; and bills or amendments for legislative consideration.Reviews and researches legal matters affecting the agency, evaluates case law and statutes, and assesses legal records and documents to develop information applicable to legal issues under consideration or in litigation.Researches and drafts bills and amendments for legislative consideration.Reviews and analyzes legislation and provides written legal analyses of potential agency impact.Coordinates with HHSC attorneys to schedule hearings, interrogate witnesses, and prepare decisions on administrative appeals of decisions and rulings.Consults with HHSC attorneys who take depositions and respond to discovery requests.Consults with HHSC attorneys who identify legal defenses; prepare witnesses and relevant evidence; and, attend and participate in depositions, hearings, and trials.Assists in resolving substantive and procedural issues.Oversees the resolution of substantive and procedural issues.Analyzes complex factual and legal issues, and develops evidence through witness interviews, depositions, and other discovery processes to assist in resolving substantive and procedural issues.Provides training to agency personnel and external entities on legal issues, responsibilities, and risk mitigation.Supervises the work of others.Hires, manages, and provides guidance and professional development for regional legal staff.Provides direct reports with work assignments, clear direction and information on responsibilities and work performance expectations.Develops work performance plans and conducts performance evaluations at least annually.Oversees the development and advancement of legal staff through training and effective use of employee development plans.Provides leadership to employees using a performance management strategy and development process to provide an overall context and framework that fosters employee contribution.Engages employees in goal setting, professional development, and performance development planning.Leads employees to meet the organization's expectations for productivity, quality, and goal accomplishment.Supervises the work of six appellate attorneys and support staff, and regional teams comprised of ten or more regional staff including five or more regional attorneys as well as legal assistants and legal secretaries.

Performs related work as assigned.

Knowledge Skills Abilities:Knowledge of legal principles, practices, and proceedings; of state and federal laws, rules, and regulations; and of agency administrative rules and regulations.Knowledge of federal and state statutes, laws, regulations, policies, and rules related to the Department of Family and Protective Services.Knowledge of Texas Family Code, Texas Probate Code, Texas Rules of Civil Procedure, Texas Human Resources Code, Texas Civil Practices and Remedies Code, Texas Administrative Code.Knowledge of ethical principles governing the practice of law.Knowledge of DFPS agency programs.Knowledge of the principles and practices of public administration and management.Knowledge of legal principles, case law, precedents, and their legal applications.

Skill in legal research, writing, and analysis; in the use of a computer and applicable software; in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; in mediation and negotiations; and in using judgment to identify courses of action.Skill in conducting legal research, to summarize findings, to use legal reference materials writing, and analysis.Skill in litigation and caseload management.Skill in using judgment to identify courses of action.Skill in conducting litigation legal work related to enforcement of state government agency rules, policies, and regulations.Skill in accessing and using various legal reference materials.Skill in planning and assigning the work of others.Skill in planning, organizing, and managing legal projects and operations. High level of attention to detail and accuracy.Skill in drafting all manner of legal documents.Skill in interpreting and applying laws and regulations.Skill in establishing and maintaining effective working relationships.Skill in handling multiple projects and meeting deadlines.Skill in communicating commendably both verbally and in writing as appropriate for the needs of the audience to convey information effectively.Skill in legal writing and analysis.Skill in utilizing computers, Microsoft Office Systems, word processing, spreadsheets, databases, and a variety of computer software applications.Skilled in the principles, methods, materials and practices of legal research and writing.Skill in analyzing and evaluating current and proposed legislation.Skilled in preparing clear and concise memoranda, summarizing legal issues and precedents.

Ability to plan and organize work, to conduct and advise on hearings, to prepare opinions and briefs, to prepare cases for trial, to interpret and apply laws, to communicate effectively, and to supervise the work of others.Ability to engage in appropriate legal negotiations with a variety of entities.Ability to prepare accurate, concise legal opinions and briefs.Ability to conduct research and summarize findings in writing.Ability to interpret and apply laws and legal concepts.Ability to motivate, professionally develop, and provide direction to staff.Ability to identify problems, evaluate alternatives, and implement effective solutions.Ability to apply clear, logical problem-solve techniques and make critical decisions in a fast-paced environment.Ability to conduct presentations and deliver effective legal arguments hearings, trials, and other legal proceedings.Ability to plan and organize work with minimal supervision.Ability to identify complex problems and reviewing related information to develop and evaluate options and implement solutions.Ability to present statements of fact and law and argue clearly and logically in written and oral form.Ability to define issues, perform legal research, analyze problems, evaluate alternatives, and make appropriate recommendations.Ability to work cooperatively as a member of a team.Ability to work independently within a collaborative environment.Ability to identify risks and propose alternative strategies to mitigate risk.Ability to organize and manage multiple tasks and make efficient use of time and resources.Registration or Licensure Requirements:Experience in legal work and previous managerial experience is preferred. Graduation from an accredited law school with a Juris Doctor (J.D.) degree. Licensed to practice law in the State of Texas and a member in good standing with the State Bar of Texas.

Initial Selection Criteria:Five years’ experience in the practice of civil law and civil litigation. Experience in court as an attorney for parent or child, or as an attorney representing the Department of Family and Protective Services in Child Protective Services cases.

Additional Information:

MOS Code:27A, 250X, LGL10, LGL11, 4402, 4405, 4406, 4407, 4408, 4409, 4410, 4411, 4417, 51JX, 92JO,

As a state agency, DFPS is required Texas Administrative Code (TAC 206 and 213) to ensure all Electronic Information Resources (EIR) follow accessibility standards. The staff must be familiar with the WCAG 2.1 AA and Section 508 to create accessible content including but not limited to; Microsoft Office documents, Adobe PDFs, webpages, software, training guides, video, and audio files.

HHS agencies use E-Verify. You must bring your I-9 documentation with you on your first day of work.

In compliance with the Americans with Disabilities Act (ADA), HHS agencies will provide reasonable accommodation during the hiring and selection process for qualified individuals with a disability. If you need assistance completing the on-line application, contact the HHS Employee Service Center at 1-888-894-4747. If you are contacted for an interview and need accommodation to participate in the interview process, please notify the person scheduling the interview.

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