HomeMy WebLinkAboutMINUTES - 12041984 - 1.45 TO: BOARD OF SUPERVISORS +
FROMGerald S. Buck, County Probation Officer Contra
4P Costa
DATE: November 28, 1984 County
SUBJECT: Parental Reimbursement for Care of Minors in County Facilities -
Resolution Setting Maximum Daily Rates Based on Statues Effective 1/1/85
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Amend Resolution 84/40 establishing maximum daily rates of reimbursement from parents
of minors ordered detained or committed to Probation Department operated facilities.
The recommended resolution is attached.
BACKGROUND
Prior to December of 1982 parents of minors ordered detained or committed to County
facilities were assessed reimbursement of the County cost for such detention based on a
Board adopted maximum daily cost rate and parents' financial ability. Most parents were
assessed less than $10 per day. These assessments were arranged and set by the Family
Support Unit of the District Attorney's office. Monies received were credited to Probation
as a revenue. Annual revenues from this source had been approximately $250,000 per year.
In December of 1982 the California Supreme Court made an initial ruling on parental
reimbursement (Section 903 WIC). In the Jerald C. case, the Court ruled this statute
unconstitutional . The ruling was appealed by Santa Clara County and reheard by the Court
in 1983. A final ruling upholding their original decision was rendered in April of 1984.
Subsequent to December of 1982, there have been the following significant events:
1. Contra Cost County has been sued to return reimbursements heretofore collected.
2. Collections received dropped subsequent to the original Jerald C. decision. In
FY 82-83 revenues received and credited to Probation were approximately $150,000.
3. In view of the Supreme Court's rulings and the potential of litigation, it was
decided, with advise from County Counsel , that monies received in FY 83-84 and
FY 84-85 should be placed into a trust account. Approximately $100,000 was
placed into trust in FY 83-84 and any monies received to date are also placed
into trust. No revenue credit is received currently or budgeted for FY 84-85.
4. In anticipation of the Supreme Court's ruling, as well as the minority report
which indicated support for continuing parental responsibility for sustenance
costs of their children, the Legislature recast Section 903 WIC via AB 846 (1983) .
This statute permitted counties to charge parents for the reasonable cost of
support. Another bill , AB 2379, was enacted in July of 1984 to be effective
January 1, 1985. This legislation added further specificity regarding parents'
limited responsibility for reimbursemnet of costs for food, personal supplies,
and direct medical care with an absolute daily maximum assessment of $15.00.
CONTINU ON ATTACHMENT: YES SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON ec e.m e 4P APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS 00138
1 �j8
X ---
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
December 4, 1984
cc: County Probation Officer ATTESTED
County Administrator J.R. OLSSON, COUNTY CLERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
District Attorney-Family Support
Juvenile Court Judge
M382/7.83 BY DEPUTY
With the statute now in place, the District Attorney's Family Support Unit has scheduled
a number of cases to be heard in Juvenile Court December 7, 1984. In order to effectively
pursue parental reimbursement on these cases, it is necessary that the Board of Supervisors
adopt a resolution which amends Resolution 84/40 which was based on legislation of 1983
(AB 846) . Such amended reolution must show actual current costs of those services and
provisions for which Section 903 WIC will permit on January 1, 1985. Adoption of the
proposed attached resolution will bring the County into compliance with statutes and will
permit the District Attorney to commence enforcement through the Courts.
Monies collected will still go into the trust account, presumably until pending litigation
is resolved. It is estimated that annual recovery from parents will be approximately
$150,000 per year under the provisions of the proposed resolution. At such time as these
monies can again go to the General Fund, Probation will again compute these revenues into
future budgets.
00 139
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 4 , 1984 , by the following vote:
AYES: Supervisors Powers , raladen , McPeak, Schroder , Torlakson .
NOES: None .
ABSENT: None .
ABSTAIN: None .
SUBJECT: AMEND RESOLUTION 84/40 ESTABLISHING
PARENTAL REIMBURSEMENT COST OF CARE RESOLUTION NO. 84/733
RATE IN CONTRA COSTA COUNTY JUVENILE
FACILITIES
The Contra Costa County Board of Supervisors RESOLVES that:
Pursuant to the recommendation of the County Probation Officer, as
directed by the legislated changes in Section 903 of the Welfare and Institutions
Code (AB 2379, Chapter 485) , effective January 1, 1985, Board Resolution No.
84/40, dated January 17, 1984, is hereby amended to establish new maximum itemized
daily rates for reasonable support for which parents or guardians are liable, as
follows:
Juvenile Boys' Girls ' Boys'
Item Hall Center Center Ranch
Food
Raw Food Per Meal $ 1.18 $ 1.18 $ 1.18 $ 1.09
Cooks' Salaries 1.24 1 .24 1.24 1.00
Meal Cost 2.42 2.42 2.42 2.09
Meals Per Day x 3 x 3 x 3 x 3
COST PER CHILD DAY 7.26 7.26 7.26 6.27
Clothing .88 . 19 .19 .42
Personal Supplies .42
Medical .00 .00 .00 .00
To be separately
itemized by individual
for extraordinary
medical and dental costs
not covered by private
insurance, Medi-Cal , or
the Robert W. Crown
California Children's
Service Act.
TOTAL DAILY RATE $ 8.56 $ 7.45 $ 7.45 $ 6.69
*Included in Clothing amount. I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervi rs on the date shown.
ATTESTED: 01f /9
PHIL BATCHELOR, Clerk of 14 Board
of Supervisors and County Administrator
By i"Ol , Deputy
Orig. Dept.: Probation
cc: County Probation Officer
County Administrator
Auditor-Controller
District Attorney - Family Support
Juvenile Court Judge 00 140
RESOLUTION NO. : 84/733