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HomeMy WebLinkAboutMINUTES - 09131994 - 1.119 • [c TO: BOARD OF SUPERVISORS Contra FROM: Costa Gerald S . Buck, County Probation Officer County DATE: August 24, 1994 SUBJECT: Inter-County Placement Agreement - Santa Clara County SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION That the County Probation Officer be authorized to enter into an agreement with. Santa Clara County for the purpose of placing delinquent female wards of the Court in Santa Clara County' s Muriel. Wright Residential Center at a daily rate of $114 . 00 . BACKGROUND Santa Clara County operates a co-ed Probation residential facility under the provisions of 880 WIC, known as the Muriel Wright Residential Center. The facility has 41 unlocked beds used for younger boys and female delinquents . Santa Clara has invited other Bay Area counties to place female wards in this facility under the provisions of . Section 888 WIC, which requires an inter-county agreement . Contra Costa County has no resources for girls comparable to its Byron Boys' Ranch for male wards of the Court . This agreement will provide, .in part, for this disparity. The Santa Clara facility has been visited and found to be a suitable alternative for girls who would otherwise be placed in long term foster are. or be committed to CYA. COST The rate of payment to Santa _Clara is $114 per day, which is comparable to the cost of placing a child in a group foster home. The average length of stay at Muriel Wright Residential Center is four months as compared to foster group home stays of 122 months CONTINUED ON ATTACHMENT: RYES SIGNATURE: !/ti RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: SEE PAGE 2 . ATTESTED PHIL BATC ELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR NBY E ' 094 -� DEPUTY M382 (10/88) ' _ r 2 - average . Since the targeted population might otherwise go to a foster care facility, use of Santa Clara ' s Residential Center will be less costly per child. In light of the limits of size and use by several counties, we anticipate no more than six admissions to the program per year from Contra Costa County. i Title IV-A Emergency Assistance may be claimed which will offset costs by up to 500 . The Probation Department budget for care of wards in residential placement is sufficient to cover the cost of this agreement and placement of girls in the Santa Clara facility and no augmentation to Probation' s budget will be required. THE INTER-COUNTY AGREEMENT The attached "Agreement" has been reviewed and approved. by County Counsel . Access to utilize the Santa Clara facility is strongly supported and encouraged by the Juvenile Court Judge . Attachment Contact : Jerry Buck 313-4180 CC : County Probation Officer County Administrator Auditor-Controller Contractor via Probation jil/scbdord.825 Probation DepartmentContra Gerald S.Buck County Probation Officer Administrative Offices Costa 50 Douglas Drive,Suite 201 County Martinez,California 94553-8500 (510)313-4180 (510)313-4191 FAX �i 70: County Administrator Date: 8/23/94 r STq-CpUi+� From: Gerald S . Buck, Subject: Inter-County Agreement - County Probation Officer Santa Clara County Muriel Wright Residential Center The closure of the Contra Costa Girls ' Treatment Center in 1989 created a disparate circumstance wherein the Court ' s dispositional alternatives for female delinquents are not equal to those available for male delinquents who may be committed to Byron Boys ' Ranch. This dilemma is not unique to Contra Costa County and is a problem shared throughout the greater Bay Area. In January of this year Santa Clara County reopened its Muriel Wright Residential Treatment Center and advised Bay Area counties they were prepared to accept commitments from other counties upon execution of an inter-county agreement . Since then, Alameda and San Mateo Counties have executed such agreements . I have negotiated contract language and cost with the Santa Clara County Probation Department and have solicited assistance and guidance from our County Counsel . We are now prepared to seek authority from the Board of Supervisors which would permit me to sign the attached agreement . I ask that this matter be placed on Board agenda as soon as possible. The Muriel Wright Residential Center is an unlocked 41 bed treatment facility currently run as a co-ed facility with a capacity for 24 female residents . It currently is full with girls from Santa Clara, Alameda and San Mateo on a waiting list . Santa Clara Probation advises that if there is sufficient need for girls being committed there, the male population would be phased out . The average stay in this program is from three to four months . The facility is located in San Jose, 68 miles from Martinez . The program is more fully described in the attachments . It is similar to most open "Probation Ranch" type programs including our Byron Boys ' Ranch program. The monthly cost of placing local youth in Santa Clara' s facility will be $3 , 420 which is about the same as we currently pay private residential group homes, but is more costly than the operation of Byron Boys ' Ranch at $1, 835/month/bed. Placements in county run residential programs are not eligible for AFDC-FC reimbursement, County Administrator - 2 - 8/23/94 but Title IV-A Emergency Assistance may be claimed and we project cost recovery of approximately $1, 400 per month per child placed at Muriel Wright Center. In light of the facility' s size, contracts with other counties and priority given to Santa Clara placements, we do not anticipate placing many youth. We'd estimate no more than six Contra Costa female wards would be placed per year. The net County cost for six placements would be : Gross Cost/Mo. x 4 mos . _ $13 , 680 per child Title IV-A Revenue Offset at 400 = $5, 472 per child Net County Cost = $8, 208 per child x 6 placements = $49 , 248 . Since these female delinquents would need to be otherwise placed in foster care for longer periods of time, there is no need to augment the Probation Department budget as a result of entering this agree- ment with Santa Clara County. GSB:ds Attachments CC: Judge Lois Haight County Counsel, Attn: A. Cassidy jll/sclara.823 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE COUNTY OF CONTRA COSTA This is an agreement between the County of Santa Clara and the County of Contra Costa for the placement of Contra Costa County youth at the Santa Clara County Probation Ranches as authorized by Section 888 of the Welfare and Institutions Code. WHEREAS, Contra Costa County desires to contract with Santa Clara for the placement of a limited number of juveniles under the jurisdiction of Contra Costa County at the Santa Clara County Muriel Wright Residential Center; and WHEREAS, Santa Clara has facilities and personnel at its Probation Ranches to provide such placement; and WHEREAS, Section 888 of the Welfare and Institutions Code authorizes the Chief Probation Officer to accept minors from another county by mutual agreement; NOW, THEREFORE, IT IS MUTUALLY AGREED: I . Santa Clara will accept for placement at the Probation Ranches juveniles subject to the following limitations : A. Before any Contra Costa County juvenile is conveyed to the Santa Clara County Ranches, Contra Costa County authorities shall ascertain that the juvenile can be received. Because the Santa Clara County facility gives first priority to local needs, no space or staff may be available to receive and care for Contra Costa County cases . Santa Clara County has the right to refuse to house any juvenile for any reason or cause whatsoever. This refusal includes any non-compliance of placement criteria to be set forth by Santa Clara County Probation in keeping with its own Ranch placement criteria for Santa Clara County residents . B. Contra Costa County must meet the criteria for Ranch placement which are established by Santa Clara County Probation for Santa Clara County Ranch placements . C. With each Contra Costa County juvenile presented for placement will be: 1 . Contra Costa County Probation Officer' s report, including any and all written psychological information available . 2 . A certified copy of a Superior Court Order placing the minor in the Juvenile Rehabilita- tion Facilities of Santa Clara County. 3 . A Contra Costa County Probation Officer' s statement that to the officer' s best knowledge and belief, the juvenile does not have a communicable, contagious or infectious disease and does not need immediate medical treatment . 4 . A valid medical consent form which includes the name, address and telephone number of the parent or guardian of the minor to be notified in the event of emergency. D. All procedural requirements of the Probation Ranches will be complied with. Contra Costa County juveniles will be integrated into the Ranch population subject to all rules, regulations, rights and benefits as other wards . E . All legal requirements as to informing the Contra Costa County juvenile of civil rights, notifying parents, filing of petitions, serving notices, arranging Court hearings, shall be the sole responsibility of Contra Costa County. F. All legal requirements involved in continued detention and commitments shall be the sole responsibility of Contra Costa County. II . The care and detention given by Santa Clara to Contra Costa County juveniles shall not include any non-emergency surgery or other medical treatment, psychiatric care, eyeglasses, dental work, special consultations or other procedures . All such non-emergency care and/or procedures will be provided by Contra Costa County as needs are identified. III . Should emergency medical or psychiatric treatment be necessary for any Contra Costa County juvenile cared for and detained at the Ranches, said treatment may be performed in Santa Clara County at the expense of Contra Costa County. IV. All costs of transportation to and from the Ranches shall be the responsibility of Contra Costa County. V. Contra Costa County shall give one day verbal notice prior to removing any juvenile . -2- VI . Santa Clara shall have the right to require Contra Costa County to remove any juvenile within 24 hours after verbal notice to Contra Costa County Probation Officer for any reason or cause whatsoever. VII . Contra Costa County shall pay Santa Clara the per diem rate of $114 . 00 for placement of Contra Costa County juveniles . This rate applies to any day or portion of a day during which the juvenile is detained at the Ranch. A. Santa Clara County will not accept Contra Costa County admissions to the Ranch when the population in the Ranch exceeds 90% of capacity for beds . B. Santa Clara shall bill Contra Costa County monthly and Contra Costa County shall pay Santa Clara within 30 days thereafter by warrant payable to the County of Santa Clara and delivered to the Accounting Unit, 840 Guadalupe Parkway, California, San Jose, CA 95110 . VIII . Contra Costa County agrees to hold Santa Clara, its officers and employees harmless from any and all liability arising out of the performance of this agreement save and except claims or litigation arising through the sole gross negligence or sole wilful misconduct of Santa Clara County, its officers or employees . IX. Contra Costa County shall be responsible and reimburse Santa Clara for any personal injury or damage to property due to malicious, wanton, intentional and/or negligent acts of a Contra Costa County juvenile cared for at the Muriel Wright Residential Center. In the event personal injury or damage to property is caused by multiple residents, liability would be apportioned and billings subject to review by Contra Costa County. X. This agreement may be canceled upon 30 days written notice by one party to the other. XI . Any notice given hereunder may be given by personal service or by U. S . Mail, postage prepaid, addressed to the parties as follows : Chief Probation Officer Santa Clara County Probation 840 Guadalupe Parkway San Jose, CA 95110 County Probation Officer Contra Costa County Probation 50 Douglas Drive, Suite 201 Martinez, CA 94553-8500 -3- XII . No alteration, modification, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. IN WITNESS WHEREOF, the parties have executed this agreement as of COUNTY OF SANTA CLARA By Chairperson, Board of Supervisors ATTEST: Clerk Board of Supervisors, County of Santa Clara, State of California COUNTY OF CONTRA COSTA By County Probation Officer ATTEST: Deputy Clerk, County of Contra Costa Board of Supervisors, State of California ill/sclara.823 -4- Attachment "A" WRIGHT CENTER PROGRAMMING I . Formal Education Programming: The education program will be provided by the County Office of Education. The program will consist of five (5) 50 minute classes on a daily basis from Monday through Friday. In addition to the traditional subjects , i.e. , math, science, etc . , the program will incorporate life skills education. Examples of life skill training are: Domestic Violence, Cultural Diversity, Parenting, Child Abuse, Health Issues , Sexual Assault, etc. Coordination between the educational and counseling staff will be an integral part of the entire Ranch program, including joint progress evaluations of all minors . Education staff will participate in the "Thought for the Day" aspect of the daily schedule. This will ensure continuity of the program theme on a daily basis . II . Psycho-Educational Programs.-- The ro rams :The drug and alcohol program will consist of seven (7) two hour sessions conducted by the West Valley College Adolescent Drug Abuse Assistance Program. Every minor, regardless of their depth of involvement in the drug scene, will be required to enter and complete the program prior to graduation. As in the educational program, both education and probation staff will partake jointly in this effort.: The Santa Clara County Health Department has agreed to provide staff training for all probation staff in drug abuse counseling. In addition they have agreed to provide individual experts as guest speakers on topics such as aids , chemical addiction, etc. The Juvenile Anger Management Program will consist of twelve (12) consecutive weeks of one - hour each with "homework" assignments each week. This program will be conducted by Mr. Rick Batta, M.A. , of the Center for Human Development . Mr. Batta is well known and well thought of in the area of violence and domestic violence. He is presently serving his second year as a member of the Santa Clara County Domestic Violence Council. .5 Much of this program will also be a part of the "thought for the day aspect of the Wright - Center daily programming. This program will also be mandatory , for every minor to complete prior to graduation. III. Recreation: (A) Planned indoor and/or outdoor physical activity, i.e . , aerobics , basketball, and softball. (B) Free time. The Wright Center program will also include outside counseling programs such as A.A. , N.A. , A.A.C.I . and Alateen. Mental Health services will also be available on a weekly basis by referral from a probation counselor or by Court Order. This program is being designed to be as intensive as time will allow. Much of the program will require a significant amount of reading, and therefore will require a minimum fifth grade reading level upon admittance. Promotions would be tied to time deductions/behavior as well as to assignments required. Family participation will be strongly encouraged. 1 . Prior to the first O.T. each ward and the parent s) /guardian(s) . must attend two orientation meetings . .2 . Prior to the graduation each ward and the parents) /guardian(s) must attend a minimum of four family counseling sessions , after having been on a minimum of one (1) O.T. 6 IV. Program A. Family groups 1 . Offered on Sundays a. Family orientation after visiting b. Family groups in the evening after O.T. return B. Religious services 1 . On-Ranch services only 2 . Will co-ordinate with department chaplain a. Sunday a.m. service - on facility grounds b. One (1) weekday evening set aside for Bible study and other religious 'activities C. . Work details 1 . Facility .grounds and Adopt-A-Park (Santa Theresa Park) (a) General grounds and building upkeep .(b) Picnic area clean up and trail maintenance 2 . Kitchen detail a. Wards provided for: (1) Fifteen (15) minutes after breakfast for general cleanup, and a crew from 0835 to 1000 hours . (2) Fifteen '(15) minutes after lunch for general cleanup. (3) One (1) hour after dinner for cleanup. (4) On weekends wards. will be assigned for a heavy work detail.. D. Counseling/Program 1 . Group counseling Each ward to receive a minimum of one (1) hour group counseling each week, with his/her assigned probation counselor. 2 . Individual Counseling Each ward will receive a minimum of one (1) hour individual counseling, with his/her assigned probation .counselor each week. 3. Case work records a. Probation counselor (s) will keep a written record of all contacts made with or about an assigned counselee. a. The record will contain the date, time, and duration of the contact, the nature of the contact , and any pertinent information arising from the contact. 4. Programs offered by week a. Week #1 and 2 (1) Anger. Management (12 week program) (2) Alcohol/Drug class (7 .week program) (3) Domestic Violence (4) Religious/A•.A./ALA TEEN (5) Family groups b. Week #3 and 4 Same as week #1 , with topic #3 being changed to Child Abuse. C. Week #5 Same as week #1 , with topic #3 being changed to Sexual Assault. d. Week #6 Same as week #1 , with topic #3 being changed to Date 'Rape. b. Week #7, 8 , 9 and 10 8 Same as week #1 , with topic #3 being changed to Diversity. C . Week #11 and 12 . Same as week #1 , with topic #3 being changed to Health Educator. d. Week #13 , 14, 15 and 16 Same as week #l , with topic #3 being changed to Life Skills . 9 SECTION ASSIGNMENT CHECKLIST (Required for all promotions) C Section: 1 . Written autobiography of alcohol/drug use, criminal/gang activity, and school performance . (minimum of two pages) 2 . Ten harmful consequences of delinquent activity (paper) 3. Ten harmful consequences of choices made (paper) 4. Daily journal writing 5. Some reading and paper B Section: 1 . Read "Denial" pamphlet and write paper on how it applies to you 2 . Paper: "Changes I need to make in my life" 3 . Daily Journal writing 4. Some reading and paper 5. Write/draw: "My family sculpture" and identify the role each family member plays , including self A Section: 1 . Paper: "How can I be a leader today?" 2 . Continuing care plan 3. Daily journal writing 4. Peer review Note: All written assignments are to be 250 words minimum length, unless otherwise specified. 10 Attachment A Drug/Alcohol Abuse Education Session One Program Structure Resources Session Two History of Drug Culture Juvenile Justice System Adolescent Drug Use Driving Under the Influence Tobacco and Marijuana Illegal Drugs Session Three: Illegal Drugs What Are Drugs? Legal Drugs vs Illegal Drugs . General Classifications Drugs and the Central Nervous System Adolescent Drug Use Why People Use Drugs Commonly Used Drugs Session Four: Illegal Drugs (Continued) Juvenile Justice System Drug Use in Santa Clara County Drug Use and Health Drug Abuse Treatment Centers Session Five: Communication; Part I Definition Effective Communication Improving Communication Family Communication Communication: Exercises 11 Session Six: Communication; Part II Self-Esteem Definition Characteristics Self-Esteem Exercises Values Definition Values and Culture Refusal Skills Definition Practicing Refusal Skills Class Exercise Session Seven Family Relationships Anger Management Recognizing Anger Anger: An Evaluation Anger Script Violence The Justice System Health: Addendum Writing Exercise Certificate of Completion: Presentations Program Evaluation 12 Attachment B JUVENILE ANGER MANAGEMENT 12 WEEK. PROGRAM WEEK 1 Identify and define types of abuse and violence Using "time outs" to avoid violence WEEK 2 The cycle of violence De-escalating -violence WEEK 3 Profile of the batterer / jealousy WEEK 4 The male emotional funnel Emotional inventory WEEK 5 Assertiveness and communication Your personal Bill of Rights WEEK 6 Power: Unlearning the "isms" Family dynamics / adultism WEEK 7 Sex role stereotypes awareness The "ideal" man The "ideal" woman WEEK 8 Drug and alcohol abuse and its relationship to domestic violence WEEK 9 Acquaintance rape WEEK 10 Alternatives to isolation Peer support Suicide WEEK 11 Review and prepare for termination WEEK 12 Termination "Where do we go from here" 13 COUNTY COUNSEL' S OFFICE CONTRA COSTA .COUNTY MARTINEZ, CALIFORNIA Date: June 20 , 1994 To: Gerald S . Buck, Probation Officer From: Victor J. Westman, County Counsell� By. Andrea W. Cassidy, Deputy County Counsel Re: Santa Clara County InterCounty Placement Contract We have reviewed the form of the proposed contract you forwarded to our office . Our comments follow. The indemnification provision in section VIII holds Santa Clara .harmless for any liability arising out of the contract . This is very broad. While we understand Santa Clara not wanting to increase their exposure by accepting other counties ' wards, it does not seem reasonable for Contra Costa to assume liability that may be caused by the actions of Santa Clara ' s own officers and employees . For example, if a Santa Clara employee was criminally negligent and our ward was injured, we would carry Santa Clara ' s liability. Often indemnification clauses are limited to exclude gross negligence from hold harmless provisions . We would suggest the following language be added at the end of the current provision "save and except claims or litigation arising through the sole gross negligence or sole willful misconduct of Santa Clara, its officers or employees . " We don' t know if Santa Clara will agree to such modification but it is reasonable . We note that the April 25 , 1994 letter from Dennis P . Handis indicates that the indemnification provision can be modified. Santa Clara ' s risk of liability ought to be reflected in the contract price . We suggest that you review this problem with Joe Tonda. Regarding section IX, what type of determination will be made as to responsibility for damage by juveniles wards . If damage is caused_ by many wards , would damage be apportioned or would the out of County placements be charged for the entire cost? What procedure is available to review such billings? The concept does not surprise us since Santa Clara is trying to avoid any additional cost by including outside wards in its program. We are concerned about the undefined process and open ended liability to the County. Finally, we do not address the substance of the agreement and the value . The contract is obviously written to afford the broadest protection to Santa Clara, they have the program and control who comes and who stays . The program requires parental involvement, which could be problematic for Contra Costa County parents due to the Gerald S . Buck -2- June 20 , 1994 distance. On these issues as well as the value of the proposed services , we will defer to your knowledge . You should explore the possibility of modifying the indemnification provision to exclude gross negligence and willful misconduct . If that is not acceptable to Santa Clara, you will need to weigh the benefit of the contract as written to the possible liability exposure to Contra Costa County. AWC cc : 'Joe Tonda, Risk Manager o\probk.ry SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA COURTHOUSE MARTINEZ.CALIFORNIA 94553 LOIS HAIGHT TELEPHONE JUDGE (510)646-4010 DEPARTMENT 10 FAX:(510)646-1312 MEKO TO: Jerry Buck January 11, 1994 FROM: Judge Haight SUBJECT: Girls Center I know you appreciate how concerned I have been with our lack of resources for our female 602 ' s. I had an opportunity to meet and talk with Judge Len Edwards from San Jose last week about a Girls Center. They just opened their girls center on a mountain top in Santa Clara and it sounds terrific. They have an intensive school on sight and a drug rehabilitation program. The entire program is a. live in program of approximately 4 to 6 months duration. He said we could contract with them and use their facilities. The cost would be less than our current Juvenile Hall placement and Santa Clara is not too far away. Until we get something going I think this would be a good option/alternative. Could you please look into this by contacting their Chief Probation Officer Dennis Handis and get back to me with what you discover. Than} you Lo.is Haight F�7 E.7 1 F r'I E I DEFT.