HomeMy WebLinkAboutMINUTES - 06171997 - D4 F&HS - 02 D.q
TO: BOARD OF SUPERVISORS Contra
FROM: FAMILY AND HUMAN SERVICES COMMITTEE `�- f►` ` COSta
'.
` .-�
June 9 1997 County 4.,..
DATE:
SUBJECT: RESPONSE TO THE FINAL REPORT FROM THE BLUE RIBBON TASK
FORCE ON CHILD ABUSE ISSUES
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. REQUEST the Children & Families Policy Forum to review the
recommendations of the Blue Ribbon Task Force on Child Abuse Issues and
the responses of the various Department Heads, prioritize the
recommendations in terms of which are most important to implement first and
report their conclusions and recommendations to the Family and Human
Services Committee on July 28, 1997.
2. INVITE the Presiding Judge of the Coordinated Trial Courts, the District
Attorney, Sheriff-Coroner, Public Defender, Social Service Director, Health
Services Director, and County Probation Officer to meet with the Family and
Human Services Committee on July 28, 1997 in order to engage in a dialogue
with the Committee and members of the Blue Ribbon Task Force on Child
Abuse Issues regarding implementation of the Task Force's
recommendations.
3. REQUEST the Health Services Director to report to the Family and Human
Services Committee on July 28, 1997 regarding the feasibility of housing the
MDIC in the new County hospital.
CONTINUED ON ATTACHMENT: X YES 3IGNAYURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR --RECOMMENDATION OF BOARD CO I EE
APPROVE
�, OT ER ,
SIGNATURE(S): MARK DeSAULNIER DONNA GERBE
ACTION OF BOARD ON .Julie 17- 1997 _ APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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.
ATTESTED june 17y 19q7
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: 0!n!� D COUNTY AD ST ATO
See Page 3
BY
ampler
F&HS - 02
BACKGROUND:
On November 5, 1996, the Board of Supervisors approved a report from the 1996
Family and Human Services Committee which directed the County Administrator to
forward copies of the recommendations of the Blue Ribbon Task Force on Child
Abuse Issues to the affected department heads, consolidate their responses and
provide a report to the 1997 Family and Human Services Committee.
Responses have been received from the Presiding Judge of the Coordinated Trial
Courts, the District Attorney, Sheriff-Coroner, Social Service Director, Health
Services Director, Public Defender and County Probation Officer. Attached is a
report from the County Administrator's Office which lists each of the Task Force's
recommendations,provides a summary of the responses from the Departments and
then provides a staff recommendation for consideration by the Family and Human
Services Committee.
On June 9, 1997, our Committee met with members of the Task Force, the Presiding
Judge, the County Probation Officer and the Assistant Social Service Director.
Judge Spinetta briefly reviewed his letter to the Committee and noted the progress
which has been made in implementing many of the Task Force's recommendations.
The County Probation Officer, Terry Starr commented that most of the young people
with whom they deal have been molested in one way or another.
Danna Fabella, Assistant Social Service Director, reported that the Department will
be receiving a grant of$210,000 over three years from the Office of Criminal Justice
Planning for a Coordinator for the Multi-Disciplinary Interview Center (MDIC). The
Department is also working with the Family Law Court in the sharing of information
about common cases.
Dr. Jim Carpenter, a pediatrician at Merrithew Memorial Hospital who is in charge
of their Child Abuse Services, commented on his role with the Health Services
Department and with his involvement with the Child Abuse Prevention Council. He
emphasized the importance of SCAN Teams (Suspected Child Abuse and Neglect
Teams). He noted that Kaiser has a SCAN Team in addition to the one that
Merrithew Memorial Hospital has. He also noted that Sutter-Delta Hospital is
interested in forming an SART (Sexual Assault Response Team) for East County.
Discussions are underway with Kaiser-Walnut Creek regarding a SART. He also
commented on the importance of the MDIC in order to reduce the number of
interviews a child must endure following an assault.
Dr. Carpenter also noted the need for a site for the MDIC and suggested that the
new County hospital might have room for such a use.
Paul Crissey, Chair of the Task Force, commented on his disappointment at the
responses from the Departments. He indicated that the responses are extremely
frustrating and inadequate. There seems to be a lot of foot-dragging. He was
particularly critical of the Sheriffs response because the Sheriff seems to be saying
there is no problem. He is particularly concerned about the response to
Recommendation #3 and the delay in doing a study of what Santa Clara County is
doing with their ombudsman.
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F&HS - 02
Supervisor Gerber noted her frustration with the Task Force's recommendations
because they do not seem to be strong enough and with the Departments' answers
because they are not sufficiently responsive to the Task Force's recommendations.
She asked to what extent is the response to the recommendations controlled by the
lack of resources to implement the recommendations as opposed to a basic
disagreement with the direction of the recommendations. She asked what resources
the Departments need in order to implement the Task Force's recommendations.
She also asked, particularly in regard to the Social Service Department, how much
of a limitation is a shortage of staff.
In regard to the SCAN Team, Supervisor Gerber asked Dr. Carpenter whether, with
the move to reduce hospitalization and move many treatment procedures to an
outpatient setting, the SCAN Team was in a position to address all outpatient
settings. She noted the importance of integrating this issue with the work the Family
and Human Services Committee is doing on emergency room services. She also
suggested that the Committee needed information on the availability of a site for the
MDIC and asked whether the Kaiser-Richmond facility might be a suitable site.
Our Committee is also interested in identifying a successful model for training of law
enforcement personnel - a jurisdiction which is generally understood to be well-
trained to respond to child abuse cases and what training they have received that
other jurisdictions may not have received.
Following additional comments from other members of the Task Force, we
formulated the recommendations we have outlined above.
cc: County Administrator
Presiding Judge of the Coordinated Trial Courts
District Attorney
Sheriff-Coroner
Public Defender
Social Service Director
Health Services Director
County Probation Officer
Sara Hoffman, Senior Deputy County Administrator
Child Abuse Task Force (Via Supv. DeSaulnier's Office)
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axhldabse.rpt(58)
REPORT ON THE RECOMMENDATIONS FROM THE BLUE
RIBBON TASK FORCE ON CHILD ABUSE ISSUES
Below we have listed each of the recommendations made by the Task Force. We
have listed those responses or comments made by one or another of the Department
Heads in response and have then included a recommendation from the County
Administrator's Office for the Committee's consideration.
The Presiding Judge, speaking on behalf of the entire Bench, made the following
general comments:
Preliminarily, let me note that both myself and Judge Lois Haight, the Presiding
Judge of our Juvenile Division, served as members of the Task Force and that
various of our other judicial officers and staff made appearances before it to provide
information and answer questions. Thus, the recommendations of the Task Force
reflect, in good measure, our own input, and they have our general approval.
The County Probation Officer noted that his Department concurs with a majority of
the recommendations and commends the task force for its work. There were several
recommendations which need to be noted, however.
As a general comment, the Health Services Director notes that the highest priority
recommendations to be considered for implementation are:
a. those relating to training or personnel, including issues of reporting
requirements, available referral resources, cultural diversity, using a
cross-training approach, including judicial system personnel, schools,
etc.
b. those relating to expansion of SCAN and SART efforts.
C. those relating to creation of an MDIC.
The Health Services Director goes on to note that several Health Services staff are
deeply involved in the various committees which make up Contra Costa's child
abuse prevention and intervention system including serving on the Child Abuse
Prevention Council Board, the Child Abuse Systems Review Committee, the
committee to create an MDIC, the SART and SCAN efforts and the Child Death
Review Team. We plan to continue our commitment of staff time and expertise to
these activities, including supporting more training of appropriate personnel.
a:chldabse.rpt(58)
The Health Services Director goes on to note that he believes many of the
recommendations can be implemented within existing resources by making use of
current staff and structures. For example, recommendation number 52 might best
be implemented by the Child Abuse Systems Review Committee which takes a
systems view of child abuse issues. The exception may be the need for funds to
support creation of the MDIC. I understand that the Committee working on this
project is pursuing outside funding possibilities.
Finally, the Health Services Director suggests that the recommendations would be
more helpful if they were organized into categories (e.g., training, sharing
information, systems supports, etc.), and similar recommendations combined.
1. Recommendation: Schools, religious institutions and other community
organizations are encouraged to take leadership roles in developing and
teaching curricula regarding healthy parenting, illegal drug use, alcohol abuse,
and violence prevention.
Comment or Action: This recommendation was not responded to by any
County staff since it is directed more at the community at large.
Staff Recommendation: Concur with the Recommendation and refer it to the
Policy Forum for discussion with the schools and community organizations.
2. Recommendation: In order to fund the recommended additional resources,
there be a dedication of a percentage of tax dollars in this county to services
for children. This would be similar to the model implemented in San
Francisco to ensure that children's services are adequately funded.
Comment or Action: The Sheriff responded as follows: This model causes
great concern. If the recommendation is for additional tax monies specifically
for services for children, we would have no argument with the concept if voter
approved. If the recommendation is directed toward dedication of existing
revenues, then we would strongly oppose. Anything that erodes the current
base of discretion the Board has to apportion general revenues as they see
fit, which is already greatly restricted, would impose an unfair burden on this
county.
Staff Recommendation: While we sympathize with the legitimate feelings
behind this recommendation, we tend to concur with the Sheriff. The Board
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should not voluntarily tie its hands and reduce its discretion in meeting the
many needs which are brought to the Board's attention. The Board has to be
in the position of knowing what will be reduced if more funds are dedicated to
children's services. In any case, no decision the Board were to make today
could be binding on a future Board. This might be an appropriate issue to
consider as a "benchmark"for inclusion in a County Charter. In the meantime
it might be well to refer it to the Policy Forum for discussion and exploration
of any alternatives which would accomplish the goal that is involved here.
3. Recommendation: Contra Costa County should study and consider the
establishment of an ombudsman position based on the model being
implemented in Santa Clara County and other counties across the country.
The County Administrator or another appropriate resource within county
government should be designated to complete this study and make a report
to the Board of Supervisors within six months of the acceptance of this Report.
Comment or Action: The Presiding Judge comments as follows: While the
role of this person is not sufficiently defined for us to categorically oppose the
recommendation, we do wish to register our concerns about it. If the
ombudsman is going to serve as some kind of "watchdog," its role vis-a-vis
the Courts would be, in our view, unconstitutional. The judiciary is, and must
remain, in order to protect its integrity, an independent branch of government:
It cannot be subjected to any non-constitutionally authorized administrative
control or supervision. Furthermore, such supervision is unnecessary. The
decision of the Courts are already subject to appellate review and the actions
of judicial officers subject to scrutiny by the Commission On Judicial
Performance. And, of course, the judges are ultimately accountable to the
electorate, which has the power to remove them from office. If the purpose
of the ombudsman is to play some other role - perhaps an informational one -
then the position might serve some good, although the wisdom of creating yet
another level of bureaucracy, however well-intentioned, must always be
questioned. This is especially true insofar as the role of such person with
regard to the Courts is concerned, since very shortly we will have on board a
Family Law Facilitator, whose role it will be to interface with the public and
play precisely the kind of role which might be envisioned for the so-called
ombudsman.
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The Sheriff commented as follows: This recommendation is ambiguous. It
does not include sufficient information to judge the intent of the Task Force.
From our perspective, it probably is not desirable.
Staff Recommendation: We tend to share the concerns of the Presiding
Judge and the Sheriff. If the Task Force could provide some additional details
regarding what they have in mind here it would be appropriate to refer to the
Policy Forum a request that consideration be given to the more detailed
concept paper from the Task Force with a report being made back to this
Committee.
4. Recommendation: Increase training of mandated professionals. Training
should include more information to mandated reporters regarding referral
telephone numbers and resources; i.e., SCAN teams, CPS, etc.
Comment or Action: The Health Services Director considers this a priority
for implementation.
The County Probation Officer noted as follows: Probation peace officer staff
are mandated reporters. There are approximately 220 mandated reporters
employed by this Department. To annually provide this training it would be at
a cost of at least $3,300 for the annual actual training cost, not including the
replacement staff costs for institutional employees. Both Probation
Counselors and Deputy Probation Officers receive training relative to their
reporting responsibilities in the State mandated core training they receive
within the first year of employment.
Implementing this recommendation for Probation staff who are well aware of
their legal responsibility appears costly and unnecessary.
Staff Recommendation: Because of the scope of persons who must report
pursuant to Penal Code Section 11166, there are literally thousands of
mandated reporters in the County, many of them individuals in private practice
or individuals like teachers who must be trained by their school district and
then warranted to the State Department of Education. As the Task Force has
pointed out, insuring that all of these individuals are trained to an adequate
level is a massive undertaking and, no doubt, a costly one. The Board of
Supervisors has no responsibility to provide or even monitor the training of all
these individuals and certainly should not attempt to finance the training. In
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view of this, we would concur with the Task Force that such training is
important, but that we should also defer to the Child Abuse Prevention
Council, as is recommended in Recommendation #5.
5. Recommendation: Request the Child Abuse Prevention Council to review
training resources, including materials and programs provided through the
state, which are available for professionals, and make recommendations for
training.
Comment or Action: The Health Services Director considers this a priority
for implementation.
Staff Recommendation: Concur with the Task Force's recommendation and
request the Social Service Director to contact the Child Abuse Prevention
Council in this regard.
6. Recommendation: Establish local certification process(es) for mandated
reporters who receive significant training in child abuse identification and
reporting.
Comment or Action: The Health Services Director considers this a priority
for implementation.
Staff Recommendation: Ask the Social Service Director to work with the
Child Abuse Prevention Council on such a certification process.
7. Recommendation: Encourage the Legislature to establish a statewide task
force to review mandated reporting legislation and make recommendations
for changes. Develop legislation to provide additional funding for impacted
services each time new mandates increase the number of professionals
required to report.
Comment or Action: This recommendation was not responded to by any
County staff.
Staff Recommendation: Refer this Recommendation to the County
Administrator to consider as a part of the County's 1998 Legislative Program.
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8. Recommendation: Encourage the District Attorney's Office and others as
may be identified to vigorously report, investigate and prosecute anyone,
whether acting individually or on behalf of an agency, who files a false child
abuse report when such charges of a false report can be substantiated.
Comment or Action: The District Attorney responded that anyone who files
a false child abuse report should be vigorously prosecuted and punished.
The District Attorney's Office has always been prepared and willing to fully
prosecute any false allegation of child abuse that can be substantiated. Very
few such reports are received in the District Attorney's Office. It is often
difficult to substantiate such allegations as they generally arise in child
custody disputes. It is not expected that such prosecutions will require any
increased staff or resources.
Staff Recommendation: As the District Attorney points out, the problem is
not with the prosecution, but with substantiating the charges. Concur with the
Task Force's recommendation.
9. Recommendation: Encourage the courts to establish policies and
procedures to ensure that cases in which child abuse allegations arise in child
custody proceedings are referred to law enforcement and the Department of
Social Services for investigation.
Comment or Action: The Presiding Judge did not respond to this
Recommendation.
Staff Recommendation: Concur with the Task Force's recommendation.
10. Recommendation: Develop mandatory education for parents involved in
custody/visitation disputes on the impact of false abuse allegations on children
as part of current parent education program in family court.
Comment or Action: The District Attorney responded that education of
parents concerning false child abuse allegations might cause the number of
such arrests to decrease, especially if the parents are made aware of the
mandatory education at an early stage of the proceedings. Basic information
can be incorporated into existing parent education programs in Family Court.
[See also the Presiding Judge's response to Recommendation #64].
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Staff Recommendation: Forward this Recommendation to the Presiding
Judge with the request that it be considered for incorporation into the Court's
mandatory orientation program for child custody litigants.
11. Recommendation: In cases where child abuse allegations have been made,
require parents to attend an extensive education program on both child abuse
and the effects of false abuse allegations on children.
Comment or Action: The District Attorney responded that in cases where
child abuse allegations have been made, a required "extensive education
program" could be beneficial. However, the structure, and cost of such a
program is not clear. There might be a counterproductive effect if the parents
are required to pay the cost of such a program because some parents might
not report bona fide child abuse.
Staff Recommendation: Request the District Attorney and Social Service
Director to jointly consider the curriculum and cost of such a training program
and report their findings and recommendations to the Family and Human
Services Committee.
12. Recommendation: Law enforcement and the Social Service Department
form a joint work group to review and streamline the cross-reporting process.
Comment or Action: The Sheriff commented as follows: There are some
obvious deficiencies in how law enforcement and Social Services interact.
Consequently, this recommendation appears to be a positive one that we can
support, assuming the individual agencies can determine the degree and
manner of joint involvement.
The Social Service Director reports that the CWS/CMS system automates the
information and will expedite cross reporting. This is scheduled to be
implemented in July, 1997. The Social Service Department will also develop
a liaison with the Police Chiefs' Association to develop protocols. This should
be completed by September.
Staff Recommendation: Request the Sheriff and Social Service Director to
establish a more formalized arrangement between their departments to
expedite cross reporting. Request the Sheriff and Social Service Department
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to work with the Police Chiefs' Association to develop protocols for cross
reporting.
13. Recommendation: Urge the Legislature to mandate training in the area of
cultural diversity for all investigators, including law enforcement, CPS, family
court services, medical and psychological professionals.
Comment or Action: The Sheriff commented as follows: We do not consider
such mandated training necessary for law enforcement personnel. The issues
described in this recommendation are covered in the basic police academy,
mandated advanced officer training, and investigation classes. Therefore, we
do not support this recommendation.
The Health Services Director considers this a priority for implementation.
Staff Recommendation: As the Sheriff indicates, cultural diversity training is
already provided to law enforcement personnel. We are aware that there is
other cultural diversity training available already. It is perhaps important first
to determine which of the professions included in the Recommendation
currently are required to have cultural diversity training and then determine
what additional training is required. Request the Social Services Director and
Health Services Director to comment on the extent to which cultural diversity
training is already required and/or provided to professionals in their fields and
report their conclusions and recommendations to the Family and Human
Services Committee. Call the attention of the Presiding Judge to the
Recommendation's inclusion of Family Court Services for whatever action the
Court deems appropriate.
14. Recommendation: Recruit participants of different cultural backgrounds in
all agencies.
Comment or Action: The Sheriff commented as follows: We consider this
recommendation a non-issue. The Office of the Sheriff and, we believe, other
county agencies actively seek a pool of workers which reflects the diversity
apparent in our communities.
The Social Service Director reports that they utilize organizations, radio, and
newspapers that have broad-based representatives to recruit. This is an
ongoing effort.
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Staff Recommendation: The County has an active affirmative action program
for recruiting and employing personnel. In effect we do what the Task Force's
Recommendation calls for. Concur with the Task Force's recommendation.
15. Recommendation: Explore ways to expedite, and possibly coordinate, the
use of interpreters or translators in the various agencies' investigative
process.
Comment or Action: The Sheriff commented as follows: Not an issue with
this Office. A list of bilingual interpreters is available to us and routinely
employed when there are language problems.
The Social Service Director reports that they will work with the County Human
Resources Department on training of interpretation of child abuse issues and
on the CPS system. This will take place during the 1997-98 fiscal year.
Staff Recommendation: Concur with the Social Service Director's
comments.
16. Recommendation: Create a resource staff position to assist individuals
entering the system.
Comment or Action: The District Attorney responded that a resource staff
position would minimize the frustration many litigants experience simply
because they are not familiar with the court process and are not aware of
potential resources or referral services available to them. This would require
at least one full-time position, most logically within or as an adjunct to Family
Court Services.
Staff Recommendation: Refer this Recommendation to the Policy Forum to
review in the light of other pressing priorities and funding needs.
17. Recommendation: Establish an educational video tape library in order to
assist parents in increase understanding and information about the child
abuse and family court systems in dealing with child abuse issues.
Comment or Action: The District Attorney responded that a resource staff
position would minimize the frustration many litigants experience simply
because they are not familiar with the court process and are not aware of
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wchldabse.rpt(58)
potential resources or referral services available to them. This would require
at least one full-time position, most logically within or as an adjunct to Family
Court Services.
Staff Recommendation: Request the Executive Director, Contra Costa
Television, to meet with the Presiding Judge and head of Family Court
Services to determine the feasibility of pursuing this Recommendation and
report their conclusions and recommendations to the Family and Human
Services Committee.
18. Recommendation: Professionals who participate in the investigative aspects
of this process should receive training in and develop their own protocol in
how to ensure that the parties, whatever their role in the system may be, are
treated with respect and with consideration. Priority should be given to ensure
that the participants understand the system and how it is intended to work.
Comment or Action: The Sheriff commented as follows: This is a non-issue
with the Office of the Sheriff. Our investigators already receive substantial
training in this area.
The Social Service Director reports that as a matter of policy this will be
included in the Agency's mission statement. Training will also be provided for
staff. Finally, the Department will revise the pamphlet currently given to
parents explaining CPS and court time frames. The pamphlet does not
address the grievance procedure. This will be completed in October.
The Health Services Director considers this a priority for implementation.
Staff Recommendation: Concur with the Social Service Director's response.
19. Recommendation: Stress management training be made available to all
employees, as well as other resources of relief which may be identified in this
area.
Comment or Action: The Sheriff commented as follows: Such training is
already available to employees of the Office of the Sheriff. Considered a non-
issue for this Office.
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The Social Service Director reports that their staff development division will
seek out appropriate stress management resources. This will be undertaken
in the 1997-98 fiscal year.
Staff Recommendation: Concur with the Social Service Director's
comments.
20. Recommendation: Promote training in the recognition, management,
prevention and reporting of child abuse in medical schools, nursing schools,
residencies (especially pediatrics, family practice, dentistry, emergency
medicine, and mental health) and for all health care providers.
Comment or Action: The Health Services Director considers this a priority
for implementation.
Staff Recommendation: Support the need for adequate training in the
recognition, management, prevention and reporting of child abuse in medical
schools, nursing schools, residencies (especially pediatrics, family practice,
dentistry, emergency medicine, and mental health) and for all health care
providers.
21. Recommendation: SCAN teams should be utilized and created so that each
medical facility within Contra Costa County that serves and/or treats children
has access to the case review and consultation services of a SCAN team.
Comment or Action: The Health Services Director considers this a priority
for implementation. He also notes that SCANs are in place for the Merrithew
and Kaiser Hospitals and Clinics. Other hospitals should be encouraged to
create them as well. Merrithew staff provide training and consultation for
SCAN and SART and staff the Merrithew SCAN team.
Staff Recommendation: Encourage all hospitals in the County to create
SCANs.
22. Recommendation: The SART team in west county should be supported,
along with the formation of other SART teams in the future to serve other parts
of the county.
Comment or Action: The District Attorney responded that SART teams do
enhance criminal prosecutions because the examiners are specifically trained
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to do sexual assault examinations with the expectation that the case will be
prosecuted. SART teams insure proper and consistent collection and
preservation of evidence that cannot be depended upon from most emergency
rooms or with other sexual assault examiners. Evidence collection and
preservation is even more critical today due to the extensive use of DNA to
solve sexual assault crimes.
The Health Services Director considers this.a priority for implementation. He
also notes that the SART at Brookside Hospital has resulted in an impressive
record of guilty pleas or convictions for sexual abuse brought to court due to
the specialized training and evidence collection procedures in place. This
approach is appreciated by families facing the trauma of sexual assault
because examinations are done by specially trained staff and the need for
repeat exams is avoided. A second team is being developed in East County
and a third is under discussion for Central County. Merrithew staff provide
training and consultation for SCAN and SART and staff the Merrithew SCAN
team
Staff Recommendation: Concur with the Task Force's recommendation.
23. Recommendation: The MDIC concept should be fostered to allow for the
best initial forensic interview of child victims.
Comment or Action: The District Attorney responded that Contra Costa is
one of the few large counties in the state that does not have an MDIC in place.
The biggest advantage of an MDIC is that the child will only have to go
through one comprehensive interview. The child benefits the most from this
process. The initial start-up costs are approximately $100,000 (existing
facility renovations). The annual cost to run the program will be less than
$200,000. Funding is a major concern. Social Service Director John Cullen
and I will continue to work together to present a proposal to County
Administrator Phil Batchelor and eventually to the Board of Supervisors.
Start-up costs and annual funding will be required from the County budget to
make the program viable.
The Social Service Director reports that the Department continues to support
the MDIC concept through management participation on the Planning
Committee. This is an ongoing responsibility.
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The Health Services Director considers this a priority for implementation. He
goes on to comment that MDICs have proven helpful to families and
professionals in other areas. This approach spares children the trauma of
multiple interviews and consolidates the expertise of staff to assure effective
forensic interviews, thus increasing the likelihood of appropriate legal action.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
24. Recommendation:School districts should be encouraged to provide training
to all staff at the school district level to address child abuse issues.
Comment or Action: The Health Services Director considers this a priority
for implementation.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
25. Recommendation: Provide cross training among personnel of various
responding agencies, including school districts.
Comment or Action: The Health Services Director considers this a priority
for implementation.
Staff Recommendation:
Refer this Recommendation to the Policy Forum for discussion with all
affected departments and agencies to determine the best way to provide this
training.
26. Recommendation: School district personnel should cross train with CPS to
provide education and training for school district personnel to promote greater
understanding of child abuse issues.
Comment or Action: The Health Services Director considers this a priority
for implementation.
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Staff Recommendation:
Request the Social Service Director to contact appropriate school
representatives to begin a dialogue on this subject.
27. Recommendation: School files should contain information on whom to
contact should an agency need to locate alternative family members for child
placement as the result of a child abuse investigation.
Comment or Action: This recommendation was not responded to by any
County staff.
Staff Recommendation:
Request the Superintendent of Schools to comment on this Recommendation.
28. Recommendation: Provide local training by county agencies for police
investigators and officers. This training should occur with CPS personnel so
that there is a clarity of what information is needed and education as to the
appropriate roles and functions of CPS and law enforcement.
Comment or Action: The Sheriff commented as follows: The Office of the
Sheriff has a specialized investigative unit that is highly trained in dealing with
cases involving children. This training is provided by the California
Commission on Police Officer Standards and Training, which is used
throughout the state. Meeting with CPS personnel could be a part of the joint
work group outlined in Recommendation 12.
The Social Service Director reports that they will identify with the Police
Chiefs' Association their cross-training needs. This will be completed by
October or November, 1997.
The Health Services Director considers this a priority for implementation.
Staff Recommendation:
Concur with the comments of the Social Service Director.
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29. Recommendation: Modify state regulations and laws affecting training for
law enforcement investigators to require that they receive training in the
recognition and investigation of all child abuse matters, not just child sexual
abuse.
Comment or Action: The Presiding Judge commented that from their
perspective, another critical set of recommendations made by the Task Force
are those generally dealing with their having adequate information on which
to base their rulings. No 29, for example calls for the development of a
structure for sharing information among all agencies involved with children's
issues, and we certainly strongly endorse this recommendation, as well as
related ones such as No. 40.
The Sheriff commented as follows: We suggest that, before this is considered,
the county check with POST to determine current laws and training
requirements. Much of this is handled in the basic police academy and/or
advanced training modules. Changes should reflect actual need, not
represent redundancy.
The Health Services Director considers this a priority for implementation.
Staff Recommendation:
Request the Sheriff to provide information from POST to the County
Administrator on the extent to which this training is already provided to law
enforcement personnel.
30. Recommendation: Encourage the local committee which is pursuing an
MDIC to continue its work. This Task Force supports the development of the
MDIC with the expectation that it would minimize the number of interviews of
a child and allow that child to form a relationship with one interviewer who
would be available for any future interviews should they be required.
Comment or Action: The District Attorney responded that Contra Costa is
one of the few large counties in the state that does not have an MDIC in place.
The biggest advantage of an MDIC is that the child will only have to go
through one comprehensive interview. The child benefits the most from this
process. The initial start-up costs are approximately $100,000 (existing
facility renovations). The annual cost to run the program will be less than
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$200,000. Funding is a major concern. Social Service Director John Cullen
and I will continue to work together to present a proposal to County
Administrator Phil Batchelor and eventually to the Board of Supervisors.
Start-up costs and annual funding will be required from the County budget to
make the program viable.
The Social Service Director reports that the Department will continue to
participate on the MDIC Planning Committee. This is an ongoing
responsibility.
The Health Services Director considers this a priority for implementation. He
goes on to comment that MDICs have proven helpful to families and
professionals in other areas. This approach spares children the trauma of
multiple interviews and consolidates the expertise of staff to assure effective
forensic interviews, thus increasing the likelihood of appropriate legal action.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
31. Recommendation: The Board of Supervisors needs to provide the
necessary funds to establish an MDIC and ensure funding for same on an
annual basis.
Comment or Action: The District Attorney responded that Contra Costa is
one of the few large counties in the state that does not have an MDIC in place.
The biggest advantage of an MDIC is that the child will only have to go
through one comprehensive interview. The child benefits the most from this
process. The initial start-up costs are approximately $100,000 (existing
facility renovations). The annual cost to run the program will be less than
$200,000. Funding is a major concern. Social Service Director John Cullen
and I will continue to work together to present a proposal to County
Administrator Phil Batchelor and eventually to the Board of Supervisors.
Start-up costs and annual funding will be required from the County budget to
make the program viable.
Staff Recommendation:
Refer this Recommendation to the Budget Committee to consider as a part of
the discussions on the 1997-98 County Budget.
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32. Recommendation: Protocols should be established for the appropriate use
of audio and/or video taping of interviews. (A minority of the Task Force
recommends that all interviews be audio and video taped.)
Comment or Action: County staff did not respond to this Recommendation.
Staff Recommendation:
Request the Child Abuse Systems Review Committee to consider this
Recommendation and provide its comments and recommendations to the
Family and Human Services Committee.
33. Recommendation: All appropriate statutes and regulations must be followed
in respect to removal of children.
Comment or Action: The Social Service Director reports that staff are
already instructed to follow regulations and that the Children's Manual will be
updated for reference purposes. These revisions will be undertaken during
the 1997-98 fiscal year.
Staff Recommendation:
Concur with the Recommendation of the Task Force and the comments of the
Social Service Director.
34. Recommendation: Establish a policy to allow a parent(s) a supervisory
and/or administrative review of their concerns regarding the removal of their
child.
Comment or Action: The Social Service Director reports that current
practice and policy already allows for such a review. This will be incorporated
in the Children's Manual and the pamphlet given to parents upon removal of
their child will be revised. This will be completed in December, 1997.
Staff Recommendation:
Concur with the comments of the Social Service Director.
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35. Recommendation: Encourage coordination or cross-referencing with schools
regarding sharing of information for resources for children, since most school
districts have emergency numbers available to them which may allow CPS to
make contact with relatives that they do not know about or the parents refuse
to disclose.
Comment or Action: The Social Service Director reports that he will utilize
the Policy Forum to develop a work group between schools and CPS. This
will be undertaken during the 1997-98 fiscal year.
Staff Recommendation:
Concur with the comments of the Social Service Director.
36. Recommendation: When appropriate, CPS shall meet with the family to
review what happened in the course of the investigation, explain why the
Department is not proceeding and provide the family with an opportunity to
respond to the Department in order to reach closure.
Comment or Action: The Social Service Director reports that current
practice and policy permits and encourages providing an explanation to
families when no further work by CPS is deemed appropriate or necessary.
This will be clarified in written policy and will be incorporated in the Children's
Manual. This will be completed in December, 1997.
Staff Recommendation:
Concur with the comments of the Social Service Director.
37. Recommendation: Parents and caretakers shall be informed of the
grievance procedure, at both the local and state levels, at their initial contact
with the Department of Social Service.
Comment or Action: The Social Service Director reports that The
Caretakers' Manual is being updated and the pamphlet given to parents when
their children are removed will be revised to incorporate the grievance
procedure. This will be completed in October, 1997.
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Staff Recommendation:
Concur with the comments of the Social Service Director.
38. Recommendation: CPS should provide information on community and
counseling referrals as appropriate to the family to deal with the effects of the
intervention.
Comment or Action: The Social Service Director reports that referral
sources are given to parents when appropriate. He also notes that there are
no known resources which focus on the impact of the intervention. This will
be an ongoing responsibility.
Staff Recommendation:
Concur with the comments of the Social Service Director.
39. Recommendation: Develop a structure for sharing information among all
agencies involved in the child abuse and family court systems in the county.
Comment or Action: The Social Service Director reports that meetings have
been held with Referee Berkow and Department staff. Written procedures are
being developed. This will be completed in August, 1997.
Staff Recommendation:
Concur with the comments of the Social Service Director.
40. Recommendation: Develop a protocol to ensure that anyone investigating
a report of child abuse ask, as part of the initial interview, whether the family
has had any involvement within the last two years with Family Court Services
or CPS.
Comment or Action: The Presiding Judge commented that from their
perspective, another critical set of recommendations made by the Task Force
are those generally dealing with their having adequate information on which
to base their rulings. No 29, for example calls for the development of a
structure for sharing information among all agencies involved with children's
issues, and we certainly strongly endorse this recommendation, as well as
related ones such as No. 40.
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The Sheriff commented as follows: Although this recommendation appears to
solely benefit CPS and their needs, we would have no objection, as long as
it could be done in a non-intrusive manner.
The Social Service Director reports that protocols are being developed
between CPS and Family Court. These will be completed in July, 1997.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
41 . Recommendation: Family Court Services should be provided sufficient
personnel to better enable it to conduct thorough and more expeditious
investigations and evaluations.
Comment or Action: The Presiding Judge commented that especially vital
to judicial officers presiding over custody and other cases involving children's
issues are investigative reports and evaluations conducted by Family Court
Services, Probation, and other public agencies. There is no doubt that the
thorough and expeditious preparation of such reports and evaluations has
been seriously hampered by the lack of sufficient personnel to conduct these
tasks. We stress, therefore, the importance of Recommendation No 41,
especially with regard to achieving the objectives set forth in
Recommendation No. 47.
Staff Recommendation:
Refer this Recommendation to the Budget Committee to consider as a part of
the discussions on the 1997-98 County Budget.
42. Recommendation: An information and resource position be created as it
relates to family law, juvenile, criminal and probate courts' processes and
procedures. The Task Force envisioned this would be a person who had
knowledge of juvenile, family law, criminal and probate court functions and
would be able to answer questions about process and how it works as well as
identifying areas where there may be a limitation as to what can occur, and
having resources and referral sources in the community available to provide
to participants. Additionally, there would be educational video tapes
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describing what occurs in each of the different courts available through some
central county source to assist participants in understanding the system.
Comment or Action: The District Attorney responded that a resource staff
position would minimize the frustration many litigants experience simply
because they are not familiar with the court process and are not aware of
potential resources or referral services available to them. This would require
at least one full-time position, most logically within or as an adjunct to Family
Court Services.
The Sheriff commented as follows: This appears closely related to
Recommendation 3 (Development of Ombudsman Position). It also requires
someone to have substantial and often esoterical knowledge of unrelated and
complex systems. Suggest it be handled as part of the work force outlined in
Recommendation 12. This recommendation lends itself to consideration by
such a group.
Staff Recommendation:
Concur with the comments of the Sheriff and refer this Recommendation to the
Sheriff and Social Service Director to discuss with each other and the
Presiding Judge. [See also the responses to Recommendations# 16 and #17.
43. Recommendation: That there be a resource staff position created in the
county to assist the public in educating themselves on the process. Part of the
resources available could be videotapes of the various different court
systems. (This recommendation is also made in the Training section.)
Comment or Action: The District Attorney responded that a resource staff
position would minimize the frustration many litigants experience simply
because they are not familiar with the court process and are not aware of
potential resources or referral services available to them. This would require
at least one full-time position, most logically within or as an adjunct to Family
Court Services.
Staff Recommendation:
See the comments regarding Recommendations # 16 and # 17.
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44. Recommendation: There should be a cooperative protocol developed for
law enforcement agencies in the county to assist them in making
determinations as to which agency is responsible for which portion of the
investigation. The protocol should include the sharing of information obtained
in the course of the investigation and which responsibilities should be divided
up in a cooperative manner.
Comment or Action: The Sheriff commented as follows: We strongly object
to this recommendation. There are a number of protocols in place on both a
local and statewide basis dealing with child-related problems. We have never
experienced difficulty with an outside law enforcement agency that would
justify the creation of such a protocol. It would also likely run into severe
problems regarding the sharing of information which, in the case of criminal
investigations, is strictly controlled by existing law.
Staff Recommendation:
Concur with the comments of the Sheriff.
45. Recommendation: Urge the Legislature to mandate the development of a
state-wide protocol to assist law enforcement agencies in cooperating on
performing reciprocal investigations and interviews for other agencies when
some of the witnesses or participants may reside in another agency's
jurisdiction.
Comment or Action: The Sheriff commented as follows: This is a follow-up
to Recommendation 44. We object to this recommendation on the same
basis as the previous one. We have not experienced a problem in obtaining
cooperation from other state law enforcement agencies. Therefore, this is a
non-issue with this Office and could, in fact, lead to problems being created
which do not now exist.
Staff Recommendation:
Concur with the comments of the Sheriff.
46. Recommendation: The courts of this county are urged to strictly adhere both
to the letter and the spirit of statutes mandating the early trial and disposition
of criminal, juvenile and custody cases involved child abuse issues.
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Comment or Action: The Presiding Judge commented that: This growth in
the family law and juvenile divisions [see the response to recommendation 49]
will serve to facilitate the expeditious resolution of cases involving children's
issues, as urged in Recommendation No. 46.
Staff Recommendation:
Concur with the comments of the Presiding Judge.
47. Recommendation: Family Court Services is requested to substantially
expedite its custody evaluations and especially those involving child abuse
issues.
Comment or Action: The Presiding Judge commented that especially vital
to judicial officers presiding over custody and other cases involving children's
issues are investigative reports and evaluations conducted by Family Court
Services, Probation, and other public agencies. There is no doubt that the
thorough and expeditious preparation of such reports and evaluations has
been seriously hampered by the lack of sufficient personnel to conduct these
tasks. We stress, therefore, the importance of Recommendation No 41 ,
especially with regard to achieving the objectives set forth in
Recommendation No. 47.
Staff Recommendation:
Concur with the comments of the Presiding Judge in response to
Recommendation #49, within the fiscal limitations of the County and the
Courts.
48. Recommendation: The courts of this county are encouraged to continue to
promote the use of joint experts in cases involving children's issues and to
employ other litigation practices calculated to shorten litigation without
sacrificing the parties' due process rights.
Comment or Action: The Presiding Judge commented that some of the
things urged by others of the Task Force Recommendations - for example,
Nos. 48, 56, 61, 62 - we believe are already being substantially carried out.
However, the Task Force recommendations have been disseminated to our
judicial officers, with instructions that they ascertain that is, in fact, the case.
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The Public Defender reports that this is not consistent with judicial process -
perhaps we should move children's issues to a non-judicial process, e.g., a
mediation commission, etc.
Staff Recommendation:
Concur with the comments of the Presiding Judge, taking into account the
comments of the Public Defender.
49. Recommendation: The Superior Court of this county is requested to allocate
a greater number of qualified judicial officers to its juvenile and family law
departments and to provide them with staff, facilities and equipment
necessary for the proper discharge of their assignment.
Comment or Action: Judge Spinetta commented that in the view of the
bench, the most critical of the recommendations are those urging the Courts
to dedicate greater resources to cases involving children's issues (See Nos.
49,50 and 51) In this regard it should be noted that the Superior Court's
Committee on Judicial Resources, based in part on the Task Force's report,
has recommended to the Presiding Judge that he assign our next judge, once
appointed, to either the Family Law Division or the Juvenile Division. I am
committed to doing that, and to also consider assigning the 19th judge we are
expected to receive in 1998 to one or the other of the foregoing divisions.
Additionally, new legislation will enable us to add another full-time family law
commissioner, as well as a family law facilitator. We also would like to add
a third family law technician. Thus, it can reasonably be expected that within
the next one to two years we will have expanded our divisions dealing most
directly with children's issues from seven to ten judicial officers, plus have
increased the number of non-judicial officers assisting the public in these
areas from two to at least four.
The Public Defender reports that this will require more Public Defender and
County Counsel participation. Why not state this in the recommendation?
Staff Recommendation:
Concur with the comments of the Presiding Judge, within the fiscal limitations
of the County and the Courts.
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50. Recommendation: Family law judicial officers are urged to allocate a greater
portion of their work time to cases involving custody and, in particular, child
abuse issues.
Comment or Action: [See the comments of the Presiding Judge in response
to recommendation # 49 above] The Presiding Judge added that family law
judicial officers will have an opportunity to allocate a greater portion of their
work time to such cases (see No. 50).
The Public Defender asks at the expense of what other cases?
Staff Recommendation:
Concur with the comments of the Presiding Judge.
51. Recommendation: The courts of our county are urged to provide child-
friendly waiting rooms for children participating or attending court
proceedings.
Comment or Action: [Seethe comments of the Presiding Judge in response
to recommendation # 49 above] In addition, the Presiding Judge responded
as follows: We are currently working with the County Administrator to resolve
our facility needs. Relative to Recommendation No. 51, it should be noted
that all the plans we have submitted for construction of additional facilities at
various proposed sites include large waiting rooms for children participating
in or attending court proceedings.
Staff Recommendation:
Request the County Administrator to take this Recommendation into account
in planning for and designing additional courtroom facilities.
52. Recommendation: The courts of our county should spearhead the creation
of a multi-disciplinary task force, composed of members from both interested
county agencies and the public, to research policies and programs in effect
elsewhere in the state and throughout the nation designed to protect children
from trauma during court proceedings. The best of these policies and
proceedings should be adopted and implemented along with such excellent
programs as CASR already in place in this county.
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Comment or Action: The District Attorney responded that anything that can
be done to make the courtroom and/or litigation experience less traumatic to
the children involved should be done. In criminal matters, the Rape Crisis
Center currently provides trained court advocates to help the victims through
all court appearances. The services are not required, but are urged on
victims. Most take advantage of the services. The court advocates throughly
explain the court process and appear with victims at all hearings as support
persons. The Rape Crisis Center also provides counseling, therapy, and
support groups to victims and works with the Victim-Witness Program to
coordinate these services. We have a solid foundation in place in Contra
County.
The Health Services Director noted that recommendation 52 might best be
implemented by the Child Abuse Systems Review Committee which takes a
systems view of child abuse issues.
Staff Recommendation:
Concur with the comments of the District Attorney.
53. Recommendation: Request the California Legislature to enact legislation
requiring all judicial officers dealing with children's issues, and especially
those assigned to juvenile and family law departments, to attend training
relating tot hose issues, as well as child communication.
Comment or Action: The Presiding Judge commented that obviously, the
need for judicial officers dealing with children's issues to receive adequate
training and education is as, or even more important [than the need for training
for attorneys representing children - see responses to Recommendations 57
and 60]. This has always been recognized by our Courts, and such judicial
officers are given every opportunity and regularly attend schools, conferences,
and programs designed to educate them not only with regard to the applicable
law, but also medical, psychological, and other considerations pertinent
thereto. A significant portion of our budget is dedicated, and will continue to
be dedicated, to ensuring that our judicial officers receive whatever training
and education they require to discharge the duties of their assignments,
including criminal, family and juvenile assignments involving children's issues.
The Health Services Director considers this a priority for implementation.
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Staff Recommendation:
Concur with the comments of the Presiding Judge.
54. Recommendation: In the interim, the courts of this county are urged to
identify appropriate sources of training and, with such assistance, provide
educational programs designed to ensure their judicial officers are adequately
trained in children's issues and child communication.
Comment or Action: [See the Presiding Judge's comments in response to
Recommendation # 53].
The Health Services Director considers this a priority for implementation.
Staff Recommendation:
Concur with the Presiding Judge's comments in response to Recommendation
# 53.
55. Recommendation: The presiding judges of our courts are urged not to
assign cases involving children's issues to untrained judges.
Comment or Action: The Presiding Judge commented that: This growth in
the family law and juvenile divisions [see the response to recommendation 49]
will serve to facilitate the expeditious resolution of cases involving children's
issues, as urged in Recommendation No. 46. It will also avoid having to
assign such cases to judges not trained in children's issues. (See No. 55).
The Health Services Director considers this a priority for implementation.
Staff Recommendation:
Concur with the comments of the Presiding Judge.
56. Recommendation: The courts of this county are urged to provide automatic,
periodic review, as appropriate in each case, of its orders affecting children.
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Comment or Action: The Presiding Judge commented that some of the
things urged by others of the Task Force Recommendations - for example,
Nos. 48, 56, 61, 62 - we believe are already being substantially carried out.
However, the Task Force recommendations have been disseminated to our
judicial officers, with instructions that they ascertain that is, in fact, the case.
The Public Defender reports that more calendar matters will increase the cost
of the courts.
Staff Recommendation:
Concur with the comments of the Presiding Judge, taking into account the
comments of the Public Defender.
57. Recommendation: The courts of this county are urged to formulate and
adopt criteria designed to ensure that attorneys appearing before them on
children's issues pursuant to appointment are sufficiently trained and
experienced with regard to the applicable law and court processes affecting
their clients.
Comment or Action: The Presiding Judge commented that it is recognized,
of course, that attorneys appearing before the Courts on children's issues
should also be well qualified. With this in mind, we have already adopted
certain rules and are presently considering others, designed to make certain
such counsel are sufficiently trained and experienced with regard to applicable
law and court processes affecting their clients, as well as prepared to dedicate
the time necessary to adequately represent them (See Nos. 57 and 60).
The Public Defender reports that the State Bar needs to set standards. No
individual court can limit the practice of State Bar members - or we would not
have 58 bar exams.
Staff Recommendation:
Concur with the comments of the Presiding Judge, taking into account the
comments of the Public Defender.
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58. Recommendation: The State Bar of California should consider developing
a specialization for attorneys in the area of children's issues, just as it has for
other areas of law practice.
Comment or Action: The Public Defender reports that we have this and it is
merely for advertisement - it is not the sine qua non of law practice.
Staff Recommendation:
Refer this Recommendation to the State Bar for its consideration.
59. Recommendation: The courts of this county are urged to formulate and
adopt criteria designed to ensure that evaluators and other experts appointed
regarding children's issues be adequately educated, trained, and otherwise
qualified.
Comment or Action: The Presiding Judge commented that related to the
foregoing [see response to Recommendations No. 41 and No. 47] is making
certain the information these courts receive is of the highest quality. To
ensure this, we agree - as provided in Recommendation No. 59 - that there is
a need for evaluators and other experts who appear before the Courts on
children's issues to be adequately educated, trained and otherwise qualified.
Towards this end, our Family Law judicial officers have been working with
psychologists, psychiatrists, and other evaluators, as well as with other type
experts, to develop criteria and protocols calculated to result in only experts
meeting certain standards being appointed to serve as court experts. Further,
the Courts have retained an outside consultant to conduct an in-depth study
of Family Court Services and the quality of services being provided by it and
its evaluators.
The Health Services Director considers this a priority for implementation.
Staff Recommendation:
Concur with the comments of the Presiding Judge.
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60. Recommendation: Willingness to devote such time with their clients as is
necessary to effectively represent them should be made a criterion for
appointment as minor's counsel, and the courts of this county are urged to
make clear that failure to do so will result in counsel receiving no further
appointments.
Comment or Action: The Presiding Judge commented that it is recognized,
of course, that attorneys appearing before the Courts on children's issues
should also be well qualified. With this in mind, we have already adopted
certain rules and are presently considering others, designed to make certain
such counsel are sufficiently trained and experienced with regard to applicable
law and court processes affecting their clients, as well as prepared to dedicate
the time necessary to adequately represent them (See Nos. 57 and 60).
Staff Recommendation:
Concur with the comments of the Presiding Judge.
61. Recommendation: The judicial officers of this county are urged to fully
explain their decisions in cases involving children's issues, clearly stating the
factual and legal basis of such decisions in language understandable to lay
persons.
Comment or Action: The Presiding Judge commented that some of the
things urged by others of the Task Force Recommendations - for example,
Nos. 48, 56, 61, 62 - we believe are already being substantially carried out.
However, the Task Force recommendations have been disseminated to our
judicial officers, with instructions that they ascertain that is, in fact, the case.
Staff Recommendation:
Concur with the comments of the Presiding Judge.
62. Recommendation: Judicial officers should inform pro per litigants
(individuals who represent themselves without benefit of legal counsel) that
they may have a right to appeal their decisions or have other rights of review.
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Comment or Action: The Presiding Judge commented that some of the
things urged by others of the Task Force Recommendations - for example,
Nos. 48, 56, 61, 62 - we believe are already being substantially carried out.
However, the Task Force recommendations have been disseminated to our
judicial officers, with instructions that they ascertain that is, in fact, the case.
Staff Recommendation:
Concur with the comments of the Presiding Judge.
63. Recommendation: The courts of this county should make available to
litigants information on where to file complaints concerning inappropriate
judicial performance.
Comment or Action: The Court did not respond to this Recommendation.
Staff Recommendation:
Refer this Recommendation to the Presiding Judge for whatever action the
Courts believe is appropriate.
64. Recommendation: Family Court Services is urged to institute a mandatory
orientation program for child custody litigants and to provide, as a component
of such program, pertinent information relating to court proceedings and the
role and rights of the participants in such proceedings. Such program should
also address the potential impact on children of custody litigation.
Comment or Action: The Presiding Judge commented that he is pleased to
report that this summer Family Court Services will embark upon a mandatory
orientation program for child custody litigants, as urged in Recommendation
No. 64. Family Court Services already conducts such a program, but it is
currently voluntary. We have made it mandatory because we believe it critical
that custody litigants not only understand court proceedings and the role and
rights of all participants in such proceedings, but also the potential impact on
children of custody litigation.
Staff Recommendation:
Concur with the comments of the Presiding Judge.
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65. Recommendation: Require all county departments under the jurisdiction of
the Board of Supervisors to establish a written policy that all complaints be
responded to within an appropriate time frame.
Comment or Action: The Sheriff commented as follows: For information
purposes only, this Office already has written policy related to response and
handling of complaints. Our policy is based on related laws and is all-
encompassing.
The Social Service Director commented that the County Administrator should
develop a countywide policy which can be included in the Department Manual.
This should be undertaken during the 1997-98 fiscal year.
The County Probation Officer commented as follows: The Probation
Department has an effective policy which mandates a protocol for response
to complaints. The policy mandates that investigations and conclusions be
completed within 30 days.
Staff Recommendation:
Refer this Recommendation to the Policy Forum with the request that they
consider this Recommendation and return their comments to the Family and
Human Services Committee
66. Recommendation: All such written policies shall include a review process
to ensure that such policy for responding to complaints is adhered to.
Comment or Action: The Social Service Director reports that CPS will utilize
the Systems Review Committee as an oversight body. This will be
undertaken during the 1997-98 fiscal year.
Staff Recommendation:
Concur with the comments of the Social Service Director and refer this
Recommendation to the Policy Forum with the request that they consider this
Recommendation and return their comments to the Family and Human
Services Committee.
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67. Recommendation: Encourage all others in the system to establish a written
policy for responding to complaints.
Comment or Action: The District Attorney responded that his office does not
have a written policy to deal with written citizen complaints or grievances
against the department or an individual. It is, however, the practice to direct
such complaints to the Senior Deputy District Attorney in charge of the
relevant branch or office, or to the Chief Deputy District Attorney, or to himself,
if appropriate. The office is sensitive to citizen complaints and responds to
them quickly and appropriately. In addition, verbal complaints and grievances
are handled in the same manner and do not generally require a written
complaint. There is a written policy to handle citizen complaints against the
District Attorney Investigators and Inspectors (peace officers) pursuant to
Penal Code section 832.5.
The Sheriff commented as follows: As already mentioned, this is already in
place within the Office of the Sheriff.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
68. Recommendation: All such policies shall be posted in a public location in
each department and in the appropriate courts.
Comment or Action: The District Attorney responded that his office does not
have a written policy to deal with written citizen complaints or grievances
against the department or an individual. It is, however, the practice to direct
such complaints to the Senior Deputy District Attorney in charge of the
relevant branch or office, or to the Chief Deputy District Attorney, or to himself,
if appropriate. The office is sensitive to citizen complaints and responds to
them quickly and appropriately. In addition, verbal complaints and grievances
are handled in the same manner and do not generally require a written
complaint. There is a written policy to handle citizen complaints against the
District Attorney Investigators and Inspectors (peace officers) pursuant to
Penal Code section 832.5.
The Sheriff commented as follows: It should also be noted that
Recommendation 68 is actually lower than our current requirements.
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The Social Service Director reports that after the written policy is developed
it will be made visible in reception areas. This will be undertaken during the
1997-98 fiscal year.
Staff Recommendation:
Concur with the comments of the Social Service Director and request other
departments and the Courts to consider the Recommendation of the Task
Force.
69. Recommendation: Require all county departments under the jurisdiction of
the Board of Supervisors to establish internal systems for assuring the safety
of reporting such concerns.
Comment or Action: The Sheriff commented as follows: This Office already
has such systems in place.
The Social Service Director recommends that the Board of Supervisors issue
a policy statement on this subject and that this policy statement be
incorporated in the Department Manual.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
70. Recommendation: Encourage those components of the child abuse system
outside the control of the Board of Supervisors to establish such systems.
Comment or Action: The District Attorney responded that his office does not
have a written policy to deal with written citizen complaints or grievances
against the department or an individual. It is, however, the practice to direct
such complaints to the Senior Deputy District Attorney in charge of the
relevant branch or office, or to the Chief Deputy District Attorney, or to himself,
if appropriate. The office is sensitive to citizen complaints and responds to
them quickly and appropriately. In addition, verbal complaints and grievances
are handled in the same manner and do not generally require a written
complaint. There is a written policy to handle citizen complaints against the
District Attorney Investigators and Inspectors (peace officers) pursuant to
Penal Code section 832.5.
34
a:chldabse.rpt(58)
The Sheriff commented as follows: This Office already has such systems in
place.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
71. Recommendation: Require all county departments under the jurisdiction of
the Board of Supervisors to prepare annual reports reflecting the number and
outcome of complaints.
Comment or Action: The Sheriff commented as follows: This is probably a
set of recommendations this Office can support, as long as we are given an
opportunity to determine the extent and format of the reports.
The Social Service Director notes that this recommendation will require
additional administrative support in departments. He thinks it would be quite
cumbersome and bureaucratic.
The Public Defender reports that this would pose problems for the attorney-
client confidentiality.
Staff Recommendation:
Refer this Recommendation to the Policy Forum in light of the comments of
the Sheriff, Social Service Director and Public Defender with the request that
they carefully consider this Recommendation and report their comments and
recommendations to the Family and Human Services Committee.
72. Recommendation: Encourage those components of the child abuse system
outside the control of the Board of Supervisors to prepare such reports.
Comment or Action: The District Attorney responded that the District
Attorney's Office does not feel that it is necessary to file a written report about
citizen complaints. The complaints are handled internally by senior level
Deputy District Attorneys. If the complaints are substantiated, appropriate
discipline will be imposed and the matter will be included in the individual's
personnel file, which are not subject to public disclosure.
35
a:cMdabse.rpt(58)
The Sheriff commented as follows: This is probably a set of recommendations
this Office can support, as long as we are given an opportunity to determine
the extent and format of the reports.
Staff Recommendation:
Refer this Recommendation to the Policy Forum in light of the comments of
the District Attorney and the Sheriff with the request that they carefully
consider this Recommendation and report their comments and
recommendations to the Family and Human Services Committee.
73. Recommendation: Such reports should be scrutinized by the Child Abuse
Systems Review Committee.
Comment or Action: The District Attorney responded that the District
Attorney's Office does not feel that it is necessary to file a written report about
citizen complaints. The complaints are handled internally by senior level
Deputy District Attorneys. If the complaints are substantiated, appropriate
discipline will be imposed and the matter will be included in the individual's
personnel file, which are not subject to public disclosure.
Staff Recommendation:
Defer action on this Recommendation pending a report from the Policy Forum
74. Recommendation: All appropriate departments should be required to
develop a process for formal case review.
Comment or Action: The District Attorney responded that the District
Attorney's Office does have a process for formal case review. All decisions
both to file and not to file criminal cases are reviewed by supervising
personnel. If a decision is made not to file a criminal complaint in a specific
case, the complaining party can discuss the case with the filing deputy. If that
does not solve the problem, the branch or office supervisor will review the
decision with the complaining party. If necessary, the Chief Deputy District
Attorney will also review the decision. The office accepts written or verbal
inquiries for this purpose. The District Attorney must maintain appropriate
independence in his decision making and must abide by minimum ethical
standards in filing decisions. The same process is followed if the complaining
party does not agree with the disposition of a case that has been filed. In
36
a:chidabse.rpt(58)
addition, the victims or their family are kept informed of proposed or probable
dispositions.
The Sheriff commented as follows: Such a system is already in place within
this Office.
The Social Service Director reports that the Department will develop a written
procedure for case review. This will be completed by December, 1997.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
75. Recommendation: Request the California Department of Social Services to
develop a system of certification for CPS workers.
Comment or Action: The Social Service Director reports that this is currently
under consideration by the State. The County may want to send a letter to the
State Department of Social Services in support of this recommendation. This
will be undertaken during the 1997-98 fiscal year.
Staff Recommendation:
Concur with the comments of the Social Service Director.
76. Recommendation: Require all appropriate county departments under the
jurisdiction of the Board of Supervisors to develop written policies for handling
grievances pertaining to an individual(s). These grievance policies shall be
communicated to all clients at the beginning of each case.
Comment or Action: The Social Service Director reports that the pamphlet
given to parents will be revised to address this issue. This will be completed
by October, 1997.
The County Probation Officer responded as follows: This recommendation
speaks to a grievance policy. All juvenile residents of our institutions are
informed upon intake of that facility's grievance procedure as mandated by the
Board of Corrections. The remainder of our clients come to us from the courts
(adult defendants) or police agencies. The client has recourse through the
37
wchldabsexpt(58)
court process to handle a grievance. This recommendations is not practical
for this organization, nor does it appear necessary. It is difficult to estimate
the cost, however, it would decrease efficiency.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
77. Recommendation: Encourage all others in the system to establish a
grievance policy for responding to complaints pertaining to an individual(s).
Comment or Action: The District Attorney responded that his office does not
have a written policy to deal with written citizen complaints or grievances
against the department or an individual. It is, however, the practice to direct
such complaints to the Senior Deputy District Attorney in charge of the
relevant branch or office, or to the Chief Deputy District Attorney, or to himself,
if appropriate. The office is sensitive to citizen complaints and responds to
them quickly and appropriately. In addition, verbal complaints and grievances
are handled in the same manner and do not generally require a written
complaint. There is a written policy to handle citizen complaints against the
District Attorney Investigators and Inspectors (peace officers) pursuant to
Penal Code section 832.5.
The Sheriff commented as follows: Such a system already in place and widely
publicized for this Office.
Staff Recommendation:
Concur with the Recommendation of the Task Force.
78. Recommendation: All clients instituting grievances shall be informed of the
authority of any appropriate state agency/department to review cases.
Comment or Action: The Social Service Director reports that the
Department will revise the pamphlet that is given to parents. This will be
completed in October, 1997.
38
a:chldabse.rpt(58)
Staff Recommendation:
Concur with the Recommendation of the Task Force.
39
4iv Courbinafrb Trial Courfs
of (fonfra &sfa Cnounf r _.
( ihrainisfrafhir lO irrs
DATE: May 30, 1997
TO: Family and Human Services Committee
of the Board of Supervisors
FROM: Hon. Peter L. Spinetta, Presiding Judge
Coordinated Trial Courts
SUBJECT: Comments on Recommendations of Blue Ribbon
Task Force on Child Abuse
On behalf of the Coordinated Trial Courts of Contra Costa County, I wish to make the following
comments regarding the recommendations of the Blue Ribbon Task Force on Child Abuse.
My comments are restricted, for the most part, to those directly related to the Courts or affiliated
agencies, such as Family Court Services.
Preliminarily, let me note that both myself and Judge Lois Haight, the Presiding Judge of our
Juvenile Division, served as members of the Task Force and that various of our other judicial
officers and staff made appearances before it to provide information and answer questions. Thus,
the recommendations of the Task Force reflect, in good measure, our own input, and they have our
general approval.
In our view,the most critical of the recommendations are those urging the Courts to dedicate greater
resources to cases involving children issues. (See Nos. 49, 50 and 51). In this regard, it should be
noted that the Superior Court's Committee on Judicial Resources, based in part on the Task Force's
report, has recommended to the Presiding Judge that he assign our next judge, once appointed, to
either the Family Law Division or the Juvenile Division. I am committed to doing that, and to also
consider assigning the 19th judge we are expected to receive in 1998 to one or the other of the
foregoing divisions. Additionally, new legislation will enable us to add another full-time family law
commissioner, as well as a family law facilitator. We also would like to add a third family law
technician. Thus, it can reasonably be expected that within the next one to two years we will have
expanded our divisions dealing most directly with children's issues from seven to ten judicial
officers, plus have increased the number of non judicial officers assisting the public in these areas
from two to at least four.
Family and Human Services Committee
of the Board of Supervisors
May 30, 1997
Page 2
This growth in the family law and juvenile divisions will serve to facilitate the expeditious
resolution of cases involving children's issues, as urged in Recommendation No. 46. It will also
assist avoid having to assign such cases to judges not trained in children's issues . (See No. 55).
Further, family law judicial officers will have an opportunity to allocate a greater portion of their
work time to such cases (see No. 50).
The foregoing assumes that the Courts will have facilities to accommodate the above-mentioned
growth. Quite frankly, already severely limited quarters, combined with the added pinch on space
occasioned by the physical unification of the Mt. Diablo Municipal Court and the Superior Court
(due to destruction of the former's courtrooms by fire), has left us with an urgent need for the
immediate construction of new courtrooms and other facilities. Without these facilities, the
dedication of additional judicial officers to the family law and/or juvenile divisions may not be
possible, and/or the benefits to be derived therefrom will be compromised.
We are currently working with County Administrators to resolve our facility needs. Relative to
Recommendation No. 51, it should be noted that all the plans we have submitted for construction
of additional facilities at various proposed sites include large waiting rooms for children
participating in or attending court proceedings.
From our prospective, another critical set of recommendations made by the Task Force are those
generally dealing with our having adequate information to base our rulings. No. 29, for example,
calls for the development of a structure for sharing information among all agencies involved with
children's issues, and we certainly strongly endorse this recommendation, as well as related ones
such as No. 40. Especially vital to judicial officers presiding over custody and other cases involving
children's issues are investigative reports and evaluations conducted by Family Court Services,
Probation, and other public agencies. There is no doubt that the thorough and expeditious
preparation of such reports and evaluations has been seriously hampered by the lack of sufficient
personnel to conduct these tasks. We stress, therefore, the importance of Recommendation No. 41,
especially with regard to achieving the objections set forth in Recommendation No. 47.
Related to the foregoing is making certain that the information these courts receive is of the highest
quality. To ensure this, we agree - as provided in Recommendation No. 59 - that there is a need for
evaluators and other experts who appear before the Courts on children's issues to be adequately
educated, trained and otherwise qualified. Towards this end, our Family Law judicial officers have
been working with psychologists, psychiatrists, and other evaluators, as well as with other type
experts, to develop criteria and protocols calculated to result in only experts meeting certain
standards being appointed to serve as court experts. Further, the Courts have retained an outside
consultant to conduct an in-depth study of Family Court Services and the quality of service being
provided by it and its evaluators.
Family and Human Services Committee
of the Board of Supervisors
May 30, 1997
Page 3
It is recognized, of course, that attorneys appearing before the Courts on children's issues should
also be well qualified; and, with this in mind, we have already adopted certain rules and are
presently considering others, designed to make certain such counsel are sufficiently trained and
experienced with regard to applicable law and court processes afflicting their clients, as well as
prepared to dedicate the time necessary to adequately represent them. (See Nos. 57 and 60).
Obviously, the need for judicial officers dealing with children's issues to receive adequate training
and education is as, or even more, important. (See Nos. 53 and 54). This has always been
recognized by our Courts, and such judicial officers are given every opportunity and regularly attend
schools,conferences, and programs designed to educate them not only with regard to the applicable
law, but also medical, psychological, sociological, and other considerations pertinent thereto. A
significant portion of our budget is dedicated, and will continue to be dedicated, to ensuring that our
judicial officers receive whatever training and education they require to discharge the duties of their
assignments, including criminal, family, and juvenile assignments involving children's issues.
Some of the things urged by others of the Task Force Recommendations - for example, Nos. 48, 56,
61, 62 - we believe are already being substantially carried out. However, the Task Force
recommendations have been disseminated to our judicial officers, with instructions that they
ascertain that is, in fact, the case.
I am also pleased to report that this summer,,,Family Court Services will embark upon a mandatory
orientation program for child custody litigants, as urged in Recommendation No. 64. Family Court
Services already conducts such a program, but it is currently voluntary. We have made it mandatory
because we believe it critical that custody litigants not only understand court proceedings and the
role and rights of all participants in such proceedings, but also the potential impact on children of
custody litigation.
There is only one additional comment I want to make, and that is addressed to Recommendation No.
3, which urges the creation of an ombudsman. While the role of this person is not sufficiently
defined for us to categorically oppose the recommendation, we do wish to register our concerns
about it. If the ombudsman is going to serve as some kind of"watchdog", its role vis-a-vis the
Courts would be, in our view, unconstitutional. The judiciary is, and must remain, in order to
protect its integrity, an independent branch of government: It cannot be subjected to any non-
constitutionally authorized administrative control or supervision. Furthermore, such supervision is
unnecessary. The decision of the Courts are already subject to appellate review and the actions of
judicial officers subject to scrutiny by the Commission On Judicial Performance. And, of course,
the judges are ultimately accountable to the electorate, which has the power to remove them from
office. If the purpose of the ombudsman is to play some other role - perhaps an informational one -
then the position might serve some good, although the wisdom of creating yet another level of
Family and Human Services Committee
of the Board of Supervisors
May 30, 1997
Page 4
bureaucracy, however well-intentioned, must. always be questioned. This is especially true insofar
as the role of such person with regard to the Courts is concerned, since very shortly we will have on
board a Family Law Facilitator whose role it will be to interface with the public and play precisely
the kind of role which might be envisioned for the so-called ombudsman.
We appreciate the opportunity to make these comments, and we hope that they prove of some value
to your committee.
cc: Supervisor Mark De Saulnier
Supervisor Donna Gerber
Asst. Administrator, Claude L. Van Marter
Family and Human Services Committee
of the Board of Supervisors
May 30, 1997
Page 4
bureaucracy, however well-intentioned, must always be questioned. This is especially true insofar
as the role of such person with regard to the Courts is concerned, since very shortly we will have on
board a Family Law Facilitator whose role it will be to interface with the public and play precisely
the kind of role which might be envisioned for the so-called ombudsman.
We appreciate the opportunity to make these comments, and we hope that they prove of some value
to your committee.
cc: Supervisor Mark De Saulnier
Supervisor Donna Gerber
Asst. Administrator, Claude L. Van Marter
bcc: Ken Torre, Executive Officer
Judge Lois Haight
Judge Mark Simons
Judge John Minney
1
Gary T. Yancey
District Attorney {1�/
LMAR
1i Z17 UItl 1
OFFICE OF THE CONTRA COSTA COUNTY
DISTRICT ATTORNEY 1997725 Court Street, Fourth Floor
Martinez, California 94553
OF
INIMTRATOR
TO: Claude L. Van Marter
Assistant County Administrator
FROM: Gary T. Yancey
District Attorney
DATE: February 27, 1997
SUBJECT: "Child Abuse Task Force on Child Abuse Issues" -
Review and Comment by the District Attorney
The items that are not specifically identified below do not appear to have a significant impact on
the operation of the District Attorney's Office. In general, we agree with the spirit of the
recommendations subject to the comments other departments or agencies may have concerning
the effect the recommendations may have on the operations of their department or agency.
Recommendation 8:
Anyone who files a false child abuse report should be vigorously prosecuted and punished.
The District Attorney's Office has always been prepared and willing to fully prosecute any false
allegation of child abuse that can be substantiated. Very few such reports are received in the
District Attorney's Office. It is often difficult to substantiate such allegations as they generally
arise in child custody disputes. It is not expected that such prosecutions will require any
increased staff or resources.
Recommendation 10:
Education of parents concerning false child abuse allegations might cause the number of such
arrests to decrease, especially if the parents are made aware of the mandatory education at
an early stage of the proceedings. Basic information can be incorporated into existing parent
educations programs in Family Court.
Recommendation 11:
In cases where child abuse allegations have been made, a required "extensive education
program" could be beneficial. However, the structure and cost of such a program is not clear.
There might be a counterproductive effect if the parents are required to pay the cost of such
a program because some parents might not report bona fide child abuse.
Recommendations 16-17 and 42-43:
A resource staff position would minimize the frustration many litigants experience simply
because they are not familiar with the court process and are not aware of potential resources
or referral services available to them. This would require at least one full time position, most
logically within or as an adjunct to Family Court Services.
rr' 1
Claude L. Van Marter
Assistant County Administrator
February 27, 1997
Recommendation 22:
SART teams do enhance criminal prosecutions because the examiners are specifically trained
to do sexual assault examinations with the expectation that the case will be prosecuted. SART
teams insure proper and consistent collection and preservation of evidence that cannot be
depended upon from most emergency rooms or with other sexual assault examiners.
Evidence collection and preservation is even more critical today due to the extensive use of
DNA to solve sexual assault crimes.
Recommendations 23 and 30-31:
Contra Costa is one of the few large counties in the state that does not have an MDIC in place.
The biggest advantage of an MDIC is that the child will only have to go through one
comprehensive interview. The child benefits the most from this process. The initial start-up
costs are approximately $100,000 (existing facility renovations). The annual cost to run the
program will be less than $200,000. Funding is a major concern. Social Services Director
John Cullen and I will continue to work together to present a proposal to County Administrator
Phil Batchelor and eventually to the Board of Supervisors. Start-up costs and annual funding
will be required from the County budget to make the program viable.
Recommendation 52:
Anything that can be done to make the courtroom and/or litigation experience less traumatic
to the children involved should be done. In criminal matters, the Rape Crisis Center currently
provides trained court advocates to help the victims through all court appearances. The
services are not required, but are urged upon victims. Most take advantage of the services.
The court advocates thoroughly explain the court process and appear with victims at all
hearings as support persons. The Rape Crisis Center also provides counseling, therapy, and
support groups to victims and works with the Victim-Witness Program to coordinate these
services. We have a solid foundation in place in Contra Costa County.
Recommendations 67, 68. 70. and 77:
The District Attorney's Office does not have a written policy to deal with written citizen
complaints or grievances against the department or an individual. It is, however, the practice
to direct such complaints to the Senior Deputy District Attorney in charge of the relevant
branch or office, or to the Chief Deputy District Attorney, or to myself, if appropriate. The office
is sensitive to citizen complaints and responds to them quickly and appropriately. In addition,
verbal complaints and grievances are handled in the same manner and do not generally
require a written complaint.
There is a written policy to handle citizen complaints against the District Attorney Investigators
and Inspectors (peace officers) pursuant to Penal Code section 832.5.
Recommendations 72 and 73:
The District Attorney's Office does not feel that it is necessary to file a written report about
citizen complaints. The complaints are handled internally by senior level Deputy District
Attorneys. If the complaints are substantiated, appropriate discipline will be imposed and the
matter will be included in the individual's personnel file, which are not subject to public
-2-
Claude L. Van Marter
Assistant County Administrator
February 27, 1997
disclosure.
Recommendation 74:
The District Attorney's Office does have a process for formal case review. All decisions both
to file and not to file criminal cases are reviewed by supervising personnel. If a decision is
made not to file a criminal complaint in a specific case, the complaining party can discuss the
case with the filing deputy. If that does not solve the problem, the branch or office supervisor
will review the decision with the complaining party. If necessary, the Chief Deputy District
Attorney will also review the decision. The office accepts written or verbal inquiries for this
purpose. The District Attorney must maintain appropriate independence in his decision
making and must abide by minimum ethical standards in filing decisions.
The same process is followed if the complaining party does not agree with the disposition of
a case that has been filed. In addition, the victims or their family are kept informed of
proposed or probable dispositions.
GW:BSB:ped
&kFEB97\9702058.DOC
0
-3-
OFFICE OF THE SHERIFF
CONTRA COSTA COUNTY
Contra Costa County RECEIVED
Administration Division JAN 2 1997
335-1500
OFFICE OF
COUNTY ADMINISTRATOR
Date: December 23, 1996
To: Claude L. Van Marter, Assistant County Administrator
From: Warren E. Rupf, Sheriff
By: Robert R. Henderso , Undersheriff
Subject: Comments on the Final Report of the Blue Ribbon Task Force on
Child Abuse Issues
In response to your memo of November 8, 1996, I am providing the following input on the
final recommendations of the Task Force on Child Abuse issues. Please let us know if we
may be of further assistance in this matter.
Recommendation 2 - Dedication of a Percentage of Tax Dollars to Services for Children
Response: This model causes great concern. If the recommendation is for additional tax
monies specifically for services for children, we would have no argument with
the concept if voter approved. If the recommendation is directed toward
dedication of existing revenues, then we would strongly oppose. Anything
that erodes the current base of discretion the Board has to apportion general
revenues as they see fit, which is already greatly restricted, would impose an
unfair burden on this county.
Recommendation 3 -Appointment of Ombudsman
Response: This recommendation is ambiguous. It does not include sufficient
information to judge the intent of the Task Force. From our perspective, it
probably is not desirable.
Recommendation 12 -Joint Law Enforcement and Social Services Work Group
Response: There are some obvious deficiencies in how law enforcement and Social
Services interact. Consequently, this recommendation appears to be a
positive one that we can support, assuming the individual agencies can
determine the degree and manner of joint involvement.
Claude L. Van Matter, Assistant County Administrator
December 23, 1996
Page 2
Recommendation 13 - Mandated Training
Response: We do not consider such mandated training necessary for law enforcement
personnel. The issues described in this recommendation are covered in the
basic police academy, mandated advanced officer training, and investigation
classes. Therefore, we do not support this recommendation.
Recommendation 14 - Recruit Diverse Cultural Backgrounds in All Agencies
Response: We consider this recommendation a non-issue. The Office of the Sheriff
and, we believe, other county agencies actively seek a pool of workers which
reflects the diversity apparent in our communities.
Recommendation 15 - Use of Interpreters/Translators
Response: Not an issue with this Office. A list of bilingual interpreters is available to us
and routinely employed when there are language problems.
Recommendation 18 - Training for Investigators
Response: This is a non-issue with the Office of the Sheriff. Our investigators already
receive substantial training in this area.
Recommendation 19 - Stress Management Training
Response: Such training is already available to employees of the Office of the Sheriff.
Considered a non-issue for this Office.
Recommendation 28 - Provide Local Training for Police Investigators and Officers
Response: The Office of the Sheriff has a specialized investigative unit that is highly
trained in dealing with cases involving children. This training is provided by
the California Commission on Police Officers Standards and Training, which
is used throughout the state. Meeting with CPS personnel could be a part
of the joint work group outlined in Recommendation 12.
Recommendation 29 - Modify State Regulations and Laws Affecting Law Enforcement
Training
Response: We suggest that, before this is considered, the county check with POST to
determine current laws and training requirements. Much of this is handled
in the basic police academy and/or advanced training modules. Changes
should reflect actual need, not represent redundancy.
Claude L. Van Marter, Assistant County Administrator
December 23, 1996
Page 3
Recommendation 40 - Develop Protocol
Response: Although this recommendation appears to solely benefit CPS and their
needs, we would have no objection, as long as it could be done in a non-
intrusive manner.
Recommendation 42 - Creation of an Information Position
Response: This appears closely related to Recommendation 3 (Development of
Ombudsman Position). It also requires someone to have substantial and
often esoterical knowledge of unrelated and complex systems. Suggest it be
handled as part of the work force outlined in Recommendation 12. This
recommendation lends itself to consideration by such a group.
Recommendation 44 - Development of Cooperative, State-Wide Protocol
Response: We strongly object to this recommendation. There are a number of protocols
in place on both a local and statewide basis dealing with child-related
problems. We have never experienced difficulty with an outside law
enforcement agency that would justify the creation of such a protocol. It
would also likely run into severe problems regarding the sharing of
information which, in the case of criminal investigations, is strictly controlled
by existing law.
Recommendation 45- Legislative Action
Response: This is a follow-up to Recommendation 44. We object to this
recommendation on the same basis as the previous one. We have not
experienced a problem in obtaining cooperation from other state law
enforcement agencies. Therefore, this is a non-issue with this Office and
could, in fact, lead to problems being created which do not now exist.
Recommendation 65 - Development of Written Policy
Response: For information purposes only, this Office already has written policy related
to response and handling of complaints. Our policy is based on related laws
and is all-encompassing.
Recommendation 67- Written Policy on Complaint Procedure
Response: As already mentioned, this is already in place within the Office of the Sheriff.
It should also be noted that Recommendation 68 is actually lower than our
current requirements.
Claude L. Van Marter, Assistant County Administrator
December 23, 1996
Page 4
Recommendation 69 & 70 - Internal Systems for Insuring Safety of Reporting
Response: This Office already has such systems in place.
Recommendation 71 & 72 -Annual Reports on Complaints
• Response: This is probably a set of recommendations this Office can support, as long
as we are given an opportunity to determine the extent and format of the
reports.
Recommendation 74 - Case Review Process
Response: Such a system is already in place within this Office.
Recommendation 77- Grievance Policy and Procedures
Response: Such a system already in place and widely publicized for this Office.
RRH:cs
MrAY-30-1997 13:40 FROM SOCIAL SERVICE DEPT. TO CAO 11 FLR. P.01
51 x
Date May 30,_ 1597
ilfi�tb�raPtas� t�aa�r.slteet 1 i
Claude Pari lWarier FROM: Elaine wird
County Admind rotor's Contra C-%U County
of be SDdW Service Depar"ent
40 Douglas
AWnew, CA 94553
Phone Phone (510) 313-'lW5
Fax Phone Fax Phone 90 393-1575
cc:
REMARKS: For yvur review RepIly ASAP Else Comment
As discussed.
MAY-30-1997 13:40 FROM SOCIAL SERUICE DEPT. TO CAO 11 FLR. P.02
SOCIAL SERVICE DEPARTMENT -,-_,_Q9ntM Costa County
TO Claude van Maw,Assam County Admnstrator DATE May 30, 1937
FROM John Cullen,Director ��
SU BJ BLUE R1BBM'TASK FORCE RECOB04MATIQNS
1 have attached a meant our Deparooent sent to Supervisor s of m strtly dler the
Blue Rdtbon Task Force completed las recommendations. We reviewed those reoomu endativns
and provided our thoughts as to which duets were impacted by the ret a�nendarion.
Many have multiple agencies and requite coordination.
Those re nr► adations requiring the Social Service Department's direct iavo v n=Have been
outlined on the attached gid. We regret that we have been umshle to accomplish most of those
tasks(of which there are.many)clue to work priorities in the Children's Services Bureau and two
unfilled Program Analyst positions normally responsible for taking Ind on tf=aWgmaents.
Additionally,the Departmen has beea spending considerable tune ittspl g can=eflt
planning and other activities related to in*ementmg the statewide automated cW welfare cm
managemetrt system.
We have listed our l tm m"s priorities as related to the Blue Rfton Task Force based on
those recommendations we believe cen be completed with nixfirnal costs as well as those we
believe despite the costs will have a significant impact on the vm1fare of abused cfu'ldrw and the
community. Other recoznmenda ons,while we believe are important,require sigfficaut amounts
of staff time for mmfmgs and the development of intaugmcy agreewoms. As stated earlier,most
of our staff time has been directed toward concument planning and automation impletion
activities.
JCxt
Attachments
f�iek 3
MAY-30-1997 13:41 FROM SOCIAL SERVICE DEPT. TO CAO 11 FLR. P.03
EM "TENT
TO Kaxen mitchoff DATE November,19, 1996
FROM Dania Fabella
SUBJ REPORT OF THE BLUE RIBBON TASK FORCE ON�ABUM ISSM--
RFX)0Af iNDATIONS
Y have reviewed the reeo=wndatioas luted in the Report of the Blue Ribbon Task Force on Cold
Abuse issues. The following are my suggestions as to who should take responsibility On each
recommendation.
4.
RMOM endatkm No. R=MMNd%W He
1 Commuaity,BOS 27 Sup.of schovts
2 BOS,CAO 28 SSD,Qtief s Assoc.
3 CAO 29 . . Chleh Assoc.
4 CAPC 30 . SSD,MDIC
5 CAPC 31 BOS,CAD
6 CAPC 32 1WDIC
7 BOS,CAO 33 SW
g DA 34 SSD
9 Famly Court 35 SSD,Sap-of Schoks
10 Family Court 36 . . SSD
11 Family C Wd 37 . SSD
12 SSD 38 SSD
13 BW'CA4 39 SSD,FamHy'Court
14 SSD,other Cou* 40 -.'' SSD,Famr Court
departments 41 Family Court
15 SS01*aWr Cotmty 42 CAO
departments 43 - CAO
16 CAO 44 Mrs Assoc.
17 CAO,cm 45 BOS,CAO
18 Sal],anther Cody 46• Cuerts,Fresift'ludge
dqm mens 47'. Family Carat
19 SSD,ager CMMty 48 ' Predftjudge
depastnae7iis 49 Pkresii ft Judge
20 CAFC raway Caart
21. Systems Review 51 , Pne*ft Jump
22 SyMms Review 52 Ptd Xudim SSD?
23 SSD,MDIC 53 CAO
24 Sup.of School%CA.FC 54'. Priding judge
25 CAPC 55 Priding Judge
26 Sup.of Schools,CAFE, 56 Frosift Judge
SW 511 k
MAY-3@-1997 13:41 FROM SOCIAL SERUICE DEPT. TO CAO 11 FLR. P.04
Karen Afitchog �
November 19, 1996
'age 2
_R�,►amzntan�Ta R �'tt�i�
58 Staae Bax
59 Pry Jndp
60 Wholft gar,Pubrx De
fit Presiding Judge
62 Pry &09 Jude
63 Ptsesirdirtg Jfndge
64 Fa VAY Ccrurt
65 SSD,other Couaty
dqwfrmenft
66 SSD,other County
departmemb
67 CAO
69 S.SD,.ather Counq
departments,CAC}
69 +SSD,otf r County
depa bmtts,CAO e
70 CAO
71 SSD,other qty
(debts,CACI
72 CAC?
73 SysWm Ro*w
74 CAO
75 SSD
76 SSD,odw Cm my
doh„CAO
77 CAO
78 SSD,other County
departuwO
I am setting up an action plan to review the m commendations which inV01VC the SOCW Service
Department to decide if the res mmendation should be implemented and what, if any mK wold he
=sociated with dud implementation.
i
DF.ceb
Attachment
r-didc 4
Contra
OFFICE OF THE DIRECTOR R �°; � ,f •,`� Costa
County
William B. Walker, M.D.
Director &Health Officer
Health Services Department
20 Anent Street
Martinez, CA 94553-3191
Priority: Phone: (510) 370-5010
Routine: Fax: (510) 370-5098
COVE B SHEET
To:
t5�4 �
Fax#
From: M2ry Foran, MPH
Assistant to the Health Services Director
Date:
Number of Pages (Including Cover Sheet):
Fkase no#y linin Main at the above listed telephone number of'any dokuA s in transmission.
20fTO'd 8605 012 OTS 'NI U SMI 83S H1-1U3-I 80:ZT L66T-0£—AUW
Contra Costa County
The Board Of SUPOWISOM HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR
am Rogers,151 Dlstft William B.Walker,M.D.
G"18S.Unki , o,2nd Dl81dC1Director&Health Officer
Florone Gerber.Ord Usbict
20 Allen Street
Mark DoSmbVer,41h MW Marfinez,CalffbrWa$4553 31 91
juagph Cmu;kInflin,5th 01sWGI
-
(510)
County AdmInft"or FAX(510)37G V0-6SOW
M
PNI ftchskw
County Administrator
To, Claude L. Van Marter
Assistant County Administrator
From: William B. Walker, MD
Health Services Director
Subject; Recommendations of the Blue Ribbon Task Force on Child Abuse Issues
Date: May 30, 1997
I have reviewed the Task Force Recommendations and have the following comments,
I From the perspective of the Health Services Department, the highest priority
recommendations to be considered for implementation are
a)those relating to training of personnel (numbers 4, 5, 6, 13, 18, 20, 24, 25, 26, 28,
29, 53, 54, 55, 59) including issues of report-Ing requirements, available referral
resources, cultural diversity, using a cross-training approach, including judicial system
personnel, schools, etc.
b)those relating to expansion of SCAN(#21), and SART(#22)efforts
SCANs are in place for the Merrithew and Kaiser Hospitals& Clinic systems, Other
hospitals Should be encouraged to create them as well.
The SART at Brookside Hospital has resulted in an impressive record of guilty pleas
or convictions for sexual abuse brought to court due to the specialized training and
evidence collection procedures in place.
Tfils approach is appreciated by families facing the trauma of sexual assault because
examinations are done by specially trained staff and the need for repeat exams is
avoided.
A second team is being developed in East County and a third is under discussion for
Central County.
PaWNBRO - AftnW"Nft - Gubgwwomwa - 0*rommr0dHsM
Contin tauela Heed,Plan . �wpmyl�eeolcai san�taes F�Heeltli Agency Gerleitl(s
P-O/EO d 860S OLE OTs 'N I WGU S301 MM H1-1U3H 60:E1: L66T-02-MW
� A
20'd 1U101
Merrithew staffproAde training and consultation for SCAN and SART and staff the
Merrithew SCAN team_
c)those relating to creation of an NLDIC(numbers 23,30).
MDIC's have proven helpful to families and professionals in other areas. This
approach spares children the trauma of multiple interviews and consolidates the
expertise of staff to assure effective forensic interviews,thus increasing the likelihood
of appropriate legal action.
2. Several Health Services staff are deeply involved in the various committees which
make up Contra Costa's child abuse prevention and intervention system including
serving on the Child Abuse Prevention Council Board, the Child Abuse Systems
Review Committee,the committee to create an MDIC, the SALT and SCAM efforts
and the Child Death Review Team. We plan to continue our commitment of staff
time and expertise to these activities, including supporting more training of
appropriate personnel.
I believe many of the recommendations can be implemented within existing resources
by maldng use of current staff and structures. For example, recommendation number
52 might best be implemented by the Child Abuse Syste,n Review Committee which
tabes a systems view of child abuse issues. The exception may be the need for funds
to support creation of the MDIC. I understand that the Committee working on this
project is pursuing outside funding possibilities.
3. It occurs to me that the recommendations would be more helpful if they were
organized into categories(e,g, training, sharing information, systems supports, etc.),
and similar recommendations combined. Perhaps the full report does this. Also,the
recommendations about parent/public education(numbers 43, 10, 11)and information
and referral (numbers 42,35)might be shared with the Policy Forum Tasks. Forces
on Parenting and Safety in order to avoid further fragmentation and duplication.
If these comments provoke additional questions please contact Mary Foran at 5-5010 who
complied this information from staff.
cc: Jim Carpenter,MD
Leigh Pierson-Brown
Jill Churchman
r.VFFICMWFWMWPDC)CMIEMOSV8LUE PJ&MEM
28/20'd 8605 0L£ OTS 'N I WQd S301MM M H11U3-i 80:Z IT L66T-0£-AUW
�� OFFICE OF THE COUNTY ADMIgNISTRATOR
jJ �E�E�� CONTRA COSTA COjU_+N' TY
1�X991
C
Administration Building
651 Pine Street, 11th Floor I:
Martinez
DATE: May 8, 1997 '
TO: Charles H. James Pu lic Defender
FROM: Claude L. Van Ma ssistant County Administrator
SUBJECT: FOLLOW-UP ON RECOMMENDATIONS OF THE
BLUE RIBBON TASK FORCE ON CHILD ABUSE ISSUES
On November 8, 1996, we sent the attached memo to you asking for your comments
on the recommendations of the Blue Ribbon Task Force on Child Abuse Issues. We
have not received a response from you to date. We need to report this matter back
to the Family and Human Services Committee of the Board of Supervisors
(Supervisor Mark DeSaulnier and Supervisor Donna Gerber). As a result, could we
have your comments by no later than May 30, 1997?
A copy of the recommendations of the Task Force is attached. If you need an
additional copy of the full report, please call me at 335-1002.
CLVM:amb
Van05-3-97
Attachment
cc: Supervisor Mark DeSaulnier
Supervisor Donna Gerber
coyy) "0,4 �
c
coy,,,
U Gj,�
SUMMARY OF RECOMMENDATIONS
1. Recommendation: Schools, religious institutions and other community organizations
are encouraged to take leadership roles in developing and teaching curricula regarding
healthy parenting, illegal drug use, alcohol abuse, and violence prevention.
2. Recommendation: In order to fund the recommended additional resources, there be
a dedication of a percentage of tax dollars in this county to services for children. This
would be similar to the model implemented in San Francisco to ensure that children's
services are.adequately funded.
3. Recommendation: Contra Costa County should study and consider the establishment
of an ombudsman position based on the model being implemented in Santa Clara_County
and other counties across the country. The County Administrator or another appropriate
resource within county government should be designated to complete this study and
make a report to the Board of Supervisors within six months of the acceptance of this
Report.
4. Recommendation: Increase training of mandated professionals. Training should
include more information to mandated reporters regarding referral telephone numbers
and resources; i.e., SCAN teams, CPS, etc.
b. Recommendation: Request the Child Abuse Prevention Council to review training
resources, including materials and programs provided through the state, which are
available for professionals, and make recommendations for training.
6. Recommendation: Establish local certification process(es) for mandated reporters who
receive significant training in child abuse identification and reporting.
7. Recommendation: Encourage the Legislature to establish a statewide task force to
review mandated reporting legislation and make recommendations for changes. Develop
legislation to provide additional funding for impacted services each time new mandates
increase the number of professionals required to report.
" 8. Recommendation: Encourage the District Attorney's Office and others as may be
identified to vigorously report, investigate and prosecute anyone, whether acting
individually or on behalf of an agency, who files a false child abuse report when such
charges of a false report can be substantiated.
9. Recommendation: Encourage the courts to establish policies and procedures to ensure
that cases in which child abuse allegations arise in child custody proceedings are referred
to law enforcement and the Department of Social Services for investigation.
r: 10. Recommendation: Develop mandatory education for parents involved in custody/
visitation disputes on the impact of false abuse allegations on children as part of current
parent education program in family court.
19
14
11. Recommendation: In cases where child abuse allegations have been made, require
g 4
parents to attend an extensive education program on both child abuse and the effects of
false abuse allegations on children.
12. Recommendation: Law enforcement and the Social Service Department form a joint
work group to review and streamline the cross-reporting process.
13. Recommendation: Urge the Legislature to mandate training in the area of cultural
diversity for all investigators, including law enforcement, CPS, family court services,
medical and psychological professionals.
14. Recommendation: Recruit participants of different cultural backgrounds in all
agencies.
15. Recommendation: Explore ways to expedite, and possibly coordinate, the use of
interpreters or translators in the various agencies' investigative process.
16. Recommendation: Create a resource staff position to assist individuals entering the
system.
17. Recommendation: Establish an educational video tape library in order to assist
parents in increase understanding and information about the child abuse and family
court systems in dealing with child abuse issues.
18. Recommendation: Professionals who participate in the investigative aspects of this
process should receive training in and develop their own protocol in how to ensure that
the parties, whatever their role in the system may be, are treated with respect and with
consideration. Priority should be given to ensure that the participants understand the
system and how it is intended to work.
19. Recommendation: Stress management training be made available to all employees,
as well as other resources of relief which may be identified in this area.
20. Recommendation: Promote training in the recognition, management, prevention and
reporting of child abuse in medical schools, nursing schools, residencies (especially
pediatrics, family practice, dentistry, emergency medicine, and mental health) and for
all health care providers.
21.. Recommendation: SCAN teams should be utilized and created so that each medical
facility within Contra Costa County that serves and/or treats children has access to the
case review and consultation services of a SCAN team.
22. Recommendation: The SART team in west county should be supported, along with the
formation of other SART teams in the future to serve other parts of the county.
' 23. . Recommendation: The MDIC concept should be fostered to allow for the best initial
forensic interview of child victims.
20
r�-
36. Recommendation: When appropriate, CPS shall meet with the family to review what
happened in the course of the investigation, explain why the Department is not
proceeding and provide the family with an opportunity to respond to the Department in
order to reach closure.
37. Recommendation: Parents and caretakers shall be informed of the grievance
procedure, at both the local and state levels, at their initial contact with the Department
of Social Service.
38. Recommendation: CPS should provide information on community and counseling
referrals as appropriate to the family to deal with the effects of the intervention.
39. Recommendation: Develop a structure for sharing information among all agencies
involved in the child abuse and family court systems in the county.
_ 40. Recommendation: Develop a protocol to ensure that any one investigating a report of
child abuse ask, as part of the initial interview, whether the family has had any
involvement within the last two years with Family Court Services or CPS.
41. Recommendation: Family Court Services should be provided sufficient personnel to
better enable it to conduct thorough and more expeditious investigations and
evaluations.
42. Recommendation: An information and resource position be created as it relates to
family law, juvenile, criminal and probate courts' processes and procedures. The Task
Force envisioned this would be a person who had knowledge of juvenile, family law,
criminal and probate court functions and would be able to answer questions about
process and how it works as well as identifying areas where there may be a limitation
as to what can occur, and having resources and referral sources in the community
available to provide to participants. Additionally, there would be educational video tapes
describing what occurs in each of the different courts available through some central
county source to assist participants in understanding the system.
43. Recommendation: That there be a resource staff position created in the county to
assist the public in educating themselves on the process. Part of the resources available
could be videotapes of the various different court systems. (This recommendation is also
made in the Training section.)
44. Recommendation: There should be a cooperative protocol developed for law
enforcement agencies in the county to assist them in making determinations as to which
agency is responsible for which portion of the investigation. The protocol should include
the sharing of information obtained in the course of the investigation and which
responsibilities should be divided up in a cooperative manner.
46. Recommendation: Urge the Legislature to mandate the development of a state-wide
protocol to assist law enforcement agencies in cooperating on performing reciprocal
investigations and interviews for other agencies when some of the witnesses or
participants may reside in another agency's jurisdiction.
22
c
46. Recommendation: The courts of this county are urged to strictly adhere both to the
letter and the spirit of statutes mandating the early trial and disposition of criminal,
juvenile and custody cases involved child abuse issues.
47. Recommendation: Family Court Services is requested to substantially expedite its
custody evaluations,and especially those involving child abuse issues.
48. Recommendation: The courts of this county are encouraged to continue to promote the
use of joint experts in cases involving children's issues and to employ other litigation
practices calculated to shorten litigation without sacrificing the parties' due process
rights. 1#ls t N07 C-,•rSeJP�a�d— e�I r/1 ----SS-
���N-��S W4,;I , eN1 6 ov2ati,<3 ?b N�-�v p� S)� �� _ e_$
49. Recommendation: The Superior Court of this county is requested to allocate a greater
r
number of qualified judicial officers to its juvenile and family law departments and to eown,41"fz"
provide them with staff, facilities and equipment necessary for the proper discharge of
their assignment. j- r1 c.�i t,� , r'�qv i/12 WIOA6 pubt�cc -
-+ u C v u �fd� pa22 rr< < wY. . Wl� �1 ,uo r _s7&pF_
50. Recommendation: Family law judicial officers are urged to allocate a greater portion
of their work time to cases involvin custody and, in particular, child abuse issues.
51. Recommendation: The courts of our county are urged to provide child-friendly waiting
rooms for children participating or attending court proceedings.
52. Recommendation: The courts of our county should spearhead the creation of a multi-
disciplinary task force, composed of members from both interested county agencies and
the public, to research policies and programs in effect elsewhere in the state and
throughout the nation designed to protect children from trauma during court
proceedings. The best of these policies and proceedings should be adopted and
implemented along with such excellent programs as CASR already in place in this
county.
53. Recommendation: Request the California Legislature to enact legislation requiring
all judicial officers dealing with children's issues, and especially those assigned to
juvenile and family law departments, to attend training relating tot hose issues, as well
as child communication.
54. Recommendation: In the interim, the courts of this county are urged to identify
appropriate sources of training and, with such assistance, provide educational programs
designed to ensure their judicial officers are adequately trained in children's issues and
child communication.
55. Recommendation: The presiding judges of our courts are urged not to assign cases
involving children's issues to untrained judges.
56. Recommendation: The courts of this county are urged to provide automatic. periodic
review, as appropriate in each case, of its orders affecting children.
HO I(r, e/d ( ��� �g r.�C/Z t,�1 t.G r N e R4Va� CeW7 011,0,
Cg2(/a r S
23
3/dfz- Ta NO r e;O I V CvvR-T e"=)d>
57. Recommendation: The courts of this county are urged to formulate and adopt criteria L,w,17-,
L designed to ensure that attorneys appearing before them on children's issues pursuant� c�7 Le,
to appointment are sufficiently trained and experienced with regard to the applicable
law and court processes affectin their clients. i446-0-7&-_1f--S -�o�
(-Jr-- PctT - �� A2 r_-X 9 v,.►s
58. Recommendation: The State Bar of California should consider developing a
specialization for attorneys in the area of children's issues, just as it has for other areas
of law practice. L,),- -4 d r T rS '4S
-r-v f-o/L
S; v r, -0 n
59. Recommendation: The courts of this county a+�urged to formulate and adopt criteria
designed to ensure that evaluators and other experts appointed regarding children's
issues be adequately educated, trained, and otherwise qualified.
60. Recommendation: Willingness to devote such time with their clients as is necessary
to effectively represent them should be made a criterion for appointment as minor's
counsel, and the courts of this county are urged to make clear that failure to do so will
result in counsel receiving no further appointments.
61. Recommendation: The judicial officers of this county are urged to fully explain their
decisions in cases involving children's issues, clearly stating the factual and legal basis
of such decisions in language understandable to lay persons.
62. Recommendation: Judicial officers should inform pro per litigants (individuals who
represent themselves without benefit of legal counsel) that they may have a right to
appeal their decisions or have other rights of review.
63. Recommendation: The courts of this county should make available to litigants
information on where to file complaints concerning inappropriate judicial performance.
64. Recommendation: Family Court Services is urged to institute a mandatory orientation
program for child custody litigants and to provide, as a component of such program,
pertinent information relating to court proceedings and the role and rights of the
participants in such proceedings. Such program should also address the potential impact
on children of custody litigation.
,i
65. Recommendation: Require all county departments under the jurisdiction of the Board
of Supervisors to establish a written policy that all complaints be responded to within
an appropriate time frame.
66. Recommendation: All such written policies shall include a review process to ensure
that such policy for responding to complaints is adhered to.
67. Recommendation: Encourage all others in the system to establish a written policy for
responding to complaints.
68. Recommendation: All such policies shall be posted in a public location in each
department and in the appropriate courts.
24
69. Recommendation: Require all county departments under the jurisdiction of the Board
of Supervisors to establish internal systems for assuring the safety of reporting such
concerns.
70. Recommendation: Encourage those components of the child abuse system outside the
control of the Board of Supervisors to establish such systems.
i
71. Recommendation: Require all county departments under the jurisdiction of the Board
of Supervisors ,Q prepare annual reports reflecting the numb d-o ztcome of
complaints. Ft � A-v`7�,—
c-(&&/T ��•m,�
72. Recommendation: Encourage those components of the child abuse system outside the
control of the Board of Supervisors to prepare such reports.
i
73. Recommendation: Such reports should be scrutinized by the Child Abuse Systems
Review Committee.
74. Recommendation:All appropriate departments should be required to develop a process
for formal case review.
75. Recommendation: Request the California Department of Social Services to develop
a system of certification for CPS workers.
76. Recommendation: Require all appropriate county departments under the jurisdiction
of the Board of Supervisors to develop written policies for handling grievances pertaining
to an individual(s). These grievance policies shall be communicated to all clients at the
beginning of each case.
77. Recommendation: Encourage all others in the system to establish a grievance policy
for responding to complaints pertaining to an individual(s).
78. Recommendation: All clients instituting grievances shall be informed of the authority
of any appropriate state agency/department to review cases.
25
JUN-05-1997 10:17 FROM PROBATION ADMINISTRATION TO CAO 11TH FLOOR P.01
Probation Department Contra rsrre„ceStaff
+Douar+r s�a►i�oa►as��
AcWnWrafive Offices Costa
so Dmqlas tee,Uft 201 County
Mar**:r,CWNamia
(510)3134180 ^L
(510)313-4151 FAX .
I
To, Claude L Van Matter, ; . x: Mr. 6/5!97
Assistant County Administrator
FrOM: ADirector subleft Follow-up on Recommendations
Terry Mair, County Probation Officer of the Blue Ribbon Task Force
can Child A hose Issues
The Probation Department concurs with a majority of the recommendations and commends the
task force for its work. There were several recommendations which need to be noted,however-
R.ec+nrnmacnclaA #4: Probation peace officer staff are mandated reporters. There are
approx W tely 220 mandated reporters cvVloyed by this Department. To annually provide this
txabdi g it would be at a cost of at least$3,300 for the annual achtal training cost„not including
the replacement staff costs for institutional employees. Both Probation.Counselors and Deputy
Probation Officers receive training relative to their reporting respoasiliities in the State mandated
core training they receive within the first year of employment.
Itaopleameati ag thus recommendation for Probation staff who are waU aware of their legal
respomsttWity appears costly and unnecessary.
Rega:rdmg. 4==d%=#65,the Probation Department has an elective policy which
mandates a protocol for response to complaints. The policy mandates that ffivestigations and
conchm ion be completed within 30 days.
Emmm odaft#7.0 speaks to a grievance policy. Ail juvenile residents of our moans are
in£otmd upon intake ofthat facflity's grievance procedure as man ted by the Board of
Corrections. The remainder of our cleans come to us from the courts(adult defendants)or police
agencies. The client lies recourse through the court process to handle a grievance. This
recommell:datiou is not practical£or this organization,nor does it appear necessary. It is difficult
to estimate the cost,however,it would decrease efficiency.
CP:ds
cc: Terry Starr
TIIC.Abux,61
TOTAL P.01
Request to Speak Form
( THREE (3) MINUTE LIMIT
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Ivan: ."xxw —0 7 7�
e
Address: t �/ S 140 Yw 4 f)r-
1 am speaking for myself=or organization:
wm of o--b— ioo
CH7ONE: j
1 wish to speak on Agenda Item #� Date:
My comments will be: general ✓for_s�gairist
1 wish to speak on the subject of
_ 1 do not wish to speak but leave dw se conuomts for the Board
to consider.