Administrative Hearings Attorney III

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.

What You Get Beyond Your Paycheck

When you join the State of Texas, your monthly paycheck is just one part of your real income. Our benefits provide extra value that many private employers simply don't match-often adding hundreds of dollars each month to what you take home or save.

Here's what you get as a full-time employee:

• 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

You also might qualify for Public Service Loan Forgiveness, which could help you pay off federal student loans faster.

You can see all the details here: ERS recruitment brochure

Functional Title: Administrative Hearings Attorney III

Job Title: Attorney III

Agency: Dept of Family & Protectve Svc

Department: General Counsel - CCI

Posting Number: 16267

Closing Date: 10/22/2026

Posting Audience: Internal and External

Occupational Category: Legal

Salary Range: $6,377.50 - $10,785.83

Pay Frequency: Monthly

Salary Group: TEXAS-B-26

Shift: Day

Additional Shift:

Telework: Eligible for Telework

Travel: Up to 15%

Regular/Temporary: Regular

Full Time/Part Time: Full time

FLSA Exempt/Non-Exempt: Exempt

Facility Location:

Job Location City: BASTROP

Job Location Address: 3809 E LOOP 150 STE 102

Other Locations: Abilene; Amarillo; Arlington; Austin; Beaumont; Bowie; Brownwood; Corpus Christi; Edinburg; El Paso; Houston; Longview; Lubbock; Midland; San Angelo; San Antonio; Tyler; Waco; Wichita Falls

MOS Codes: 4402,4405,4406,4407,4408,4409,4410,4411,4417,250X,27A,51JX,92J0,LGL10,LGL11

Brief Job Description:

This position represents the Department of Family and Protective Services before the State Office of Administrative Hearings (SOAH). Cases consist of due process hearings for findings of abuse and neglect of children. Work involves handling all aspects of legal representation in administrative hearings and taking appropriate measures to ensure the timely and appropriate resolution of those cases.

This position performs highly complex (senior-level) legal work. Work involves overseeing and planning legal activities, preparing legal documents, participating in hearings, interpreting laws and regulations, and rendering legal advice and counsel. Works under limited supervision, with considerable latitude for the use of initiative and independent judgment.

Essential Job Functions (EJFs):

Attends work on a regular and predictable schedule in accordance with agency leave policy and performs other duties as assigned.

Plans and organizes legal activities:

• Manages the legal workload to ensure deadlines are met to ensure successful outcomes for the agency.
• Interacts routinely with caseworkers, supervisors, program directors, and program administrators; agency attorneys, county and district attorneys, assistant attorney generals, and opposing counsel; judges, agency clients, witnesses, community professionals, and expert witnesses; and protective services clients and the general public regarding legal activities.

Coordinates the preparation of legal opinions, briefs, contracts, proposals, and reports:

• Prepares or supervises the preparation of legal opinions, briefs, contracts, notices, memoranda, reports, and other documents.
• Researches legal concepts, case law, judicial opinions, statutes, regulations on issues of concern and implication to DFPS, and drafts formal and informal memos for DFPS programs and executive management staff.
• Coordinates and responds to open records requests.
• Monitors changes in state and federal court cases, and rules.

Coordinates and hears administrative, regulatory, evidentiary, and enforcement hearings:

• Coordinates specialized legal efforts with appropriate experts.
• Prepares cases for court trial, schedules State Office of Administrative Hearings (SOAH) hearings, interrogates witnesses, and prepares pleadings.
• Drafts fair hearing orders for adoption assistance and permanency care assistance denials as needed.
• Drafts legal sufficiency reviews for investigation findings that are appealed as needed.

Advises staff and the public on legal matters and on the interpretation and application of agency regulations and state and federal laws:

• 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.

Enforces agency regulatory provisions and prosecutes 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.

Reviews drafts of laws, rules, and regulations affecting agency operations:

• Drafts and reviews Memoranda of Understanding, policies and procedures, rules, and notices for the CPS program and other agency programs as needed.
• Provides consultation and advice concerning case specific 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.

Schedules hearings, interrogates witnesses, and prepares 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.

Prepares cases for court trial and represents the agency in matters before a court as

appropriate:

• Prepares documents required for cases, including briefs and other court documents.
• Monitors the progress of all DFPS 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.

Assists in formulating, coordinating, and establishing policies and procedures:

• Drafts, reviews, and analyzes state and federal legislation that impacts the agency.
• Consults with management concerning legal ramifications of possible changes in overall practices and procedures.

Assists in preparing subpoenas requiring the appearance of witnesses, records, and documents for hearings and civil litigations:

• Assists in preparing subpoenas reviewing SOAH hearings and civil litigations to determine appropriate staff to appear as witnesses.
• Assists in collecting records, and documentation from program and/or staff to respond for agency programs at SOAH hearings and civil litigations.

May draft memoranda on regulatory matters and administrative rules for the Texas Register:

• Drafts memoranda and follow the draft rules through the process for publication in the Texas Register and adoption in the Texas Administrative Code as needed.

May research, draft, or assist in drafting bills and amendments for legislative consideration:

• Determines when legislative initiatives are required for statutory changes to help the agency programs effectively carry out their duties through review of gaps in policy or the law.
• Assists DFPS 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.
• Provides timely and expert resource assistance to DFPS government relations staff and the legal legislative coordinator.
• Responds 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 SOAH hearings when needed.

May serve as a liaison with complainants to be represented in an administrative hearing or with

their authorized representatives:

• Represents the agency in administrative SOAH hearings including before the Texas Workforce Commission as needed.

May supervise work of others.

Performs related work as assigned.

Knowledge, Skills and Abilities (KSAs):

Knowledge of legal principles, practices, proceedings, state and federal laws, rules, regulations, and agency administrative rules and regulations.

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; and in using judgment to identify courses of action.

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, to communicate effectively, and to supervise the work of others. Ability to synthesize law, administrative rules, agency policies and goals, and best practice recommendations to reach an appropriate interpretation.

Registrations, Licensure Requirements or Certifications:

Must be licensed to practice law in Texas and in good standing with the State Bar of Texas.

Initial Screening Criteria:

Graduated from an accredited law school. Licensed to practice law in the State of Texas and in good standing with the State Bar of Texas.

Additional Information:

N/A

Review our Tips for Success when applying for jobs at DFPS, DSHS and HHSC.

Military occupation(s) that relate to the initial selection criteria and registration or licensure requirements for this position may include, but not limited to those listed in this posting. All active-duty military, reservists, guardsmen, and veterans are encouraged to apply if qualified to fill this position. For more information please see the Texas State Auditor's Job Descriptions, Military Crosswalk and Military Crosswalk Guide at Texas State Auditors Office - Job Descriptions. You may also contact the DFPS Military Liaison at dfpsmilvets@dfps.texas.gov with additional questions.

Applicants selected for hire must pass a background check and if applicable a driver's record check.

State of Texas employees are required to maintain the security and integrity of critical infrastructure as defined in Section 117.001(2), State of Texas Business and Commerce Code. Applicants selected for hire comply with this code by completing related training and abiding by agency cybersecurity and communications system usage policies.

As a state agency, DFPS is required by 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.

DFPS uses E-Verify. You must bring your I-9 documentation with you on your first day of work. Employees must provide documentation to DFPS to show their identity and authorization to work in the US. Please review the following link for authorized documents: https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents .

In compliance with the Americans with Disabilities Act (ADA), HHS/DFPS 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/DFPS 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.