HomeMy WebLinkAboutMINUTES - 07172001 - C.139 C.139
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 17, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
The Board ACCEPTED the Grand Jury Report No. 0 10 8, "Group Homes",
and REFERRED the report to the County Administrator.
I hereby certify that this is a true and correct copy of
an action taken a d entered on the minutes of the
Board of Supe sors on the date shown.
Attested:
John Sten, ofthe oard
of Su ors and County Administrator .
By:
Deputy Clerk
Court
reet
Grand JuryContra 725 O.Box
Costa Martinez, CA 94553-0091
County C./39
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RECEIVED
., .;•;'..•� SCC
rrA�oi;K JUN 2 2 2001
June 22, 2001 CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Board of Supervisors
651 Pine Street, l st Floor
Martinez, CA 94553
Re: Report No. 0108
Dear Board of Supervisors:
Attached is Contra Costa County Grand Jury Report No. 0108 for your information. No
response is required.
CAROL THEWS, Foreman
1999-00 Contra Costa County Grand Jury
CW:
Enclosure
A REPORT BY
THE 2000-01 CONTRA COSTA COUNTY GRAND JURY
725 Court Street
Martinez, California 94553 RECEIVED
JUN 2 :22:00:1]
CLERK BOARD OF SUPERVISORS
Report No. 0108 CONTRA COSTA CO.
GROUP HOMES
APPROVED BY THE GRAND JURY:
Date: I .zvO/ �cc�
CAROL THEWS
GRAND JURY FOREMAN
ACCEPTED FOR FILING:
Date:
MICHAEL R. COLEMAN
JUDGE OF THE SUPERIOR COURT
SECTION 933.(C) & 933.05 STANDARD CALIFORNIA CODE
Section 933. Comments and Reports on Grand Ju ry (4)The recommendation will not be implemented
Recommendations because it is not warranted or is not reasonable,with an
explanation therefor.
(c)No later than 90 days after the grand jury
submits a final report on the operations of any public (c)However,if a finding or recommendation of
agency subject to its reviewing authority,the governing the grand jury addresses budgetary or personnel matters of
body of the public agency shall comment to the presiding a county agency or department headed by an elected
judge of the superior court on the findings and officer,both the agency or department head and the board
recommendations pertaining to matters under the control of of supervisors shall respond if requested by the grand jury,
the governing body,and every elected county officer or but the response of the board of supervisors shall address
agency head forwhich-thegrand jury has responsibility only those budgetary or personnel matters over which it has
pursuant to Section 914.1 shall comment within 60 days to some decision making authority. The response of the
the presiding judgc"of the superior court,with an elected agency or department head shall address all aspects
iriformation copy sent to the board of supervisors,on the of the findings or recommendations affecting his or her
findings and recommendations pertaining to matters under agency or department.
the control of that county officer or agency head and any
agency or-agencies which that officer or agency had (d)A grand jury may request a subject person or
supervises or controls. In any city and county,the mayor entity to come before the grand jury for the purpose of
shall also comment on the findings and recommendations. reading and discussing the findings of the grand jury report
All of these comments and reports shall forthwith be that relates to that person or entity in order to verify the
submitted to the presiding judge of the superior court who accuracy of the findings prior to their release.
impaneled the grand jury. A copy of all responses to grand
jury reports shall be placed on file with the clerk of the (e)During an investigation,the grand jury shall
public agency and the office of thc.counly clerk,or themeet with the subject of that investigation regarding the
mayor when applicable,and shall remain on file in those investigation,unless the court,either on its own
offices. One copy shall be placed on file with the determination or upon request of the foreperson of the
applicable grand jury final report by,and in the control of grand jury,determines that such a meeting would be
the currently impaneled grand jury,where it shall be detrimental.
maintained for a minimum of five years.Lcg.I-I.1961 ch.
1284, 1963 ch.674. 1974 chs.393,1396, 1977 chs. 107, (f)A grand jury shall provide to the affected
187, 1980 ch.543, 1981 ch.203,1982 ch. 1408,1985 ch. agency a copy of the portion of the grand jury report
221,1987 ch.690, 1988 ch. 1297,1997 ch.443,1988 ch. relating to that person or entity two working days prior to
230. its public release and after the approval of the presiding
judge. No officer,agency,department,or governing body
Section 933.05(Partial)Response to Grand Jury of a public agency shall disclose any contents of the report
Recommendations-Content Requirements... prior to the public release of the final report.
(a)For purposes of subdivision(b)of Section
933,as to each grand jury finding,the responding person or
entity shall indicate one of the following:
(1)The respondent agrees with the finding.
(2)The respondent disagrees wholly or partially
with the funding,in which case the response shall specify
the portion of the finding that is disputed and shall include
an explanation of the reasons therefor.
(b)I-or purposes of subdivision(b)of Section
933,as to each grand jury recommendation,the responding
person or entity shall report one of the following actions:
(1)The recommendation has been implemented,
with a summary regarding the implemented action.
(2)The recommendation has not yet been
implemented,but will be implemented in the future,with a
timeframe for implementation.
(3)The recommendations requires further
analysis,with an explanation and the scope and parameters
of an analysis or study,and a timeframe for the matter to
be prepared for discussion by the officer or head of the
agency or department being investigated or reviewed,
including the governing body of the public agency when
applicable. This timeframe shall not exceed six months
from the date of publication of the grand jury report.
SECTION 933.(C) & 933.05 STANDARD CALIFORNIA CODE
Section 933. Comments and Reports on Grand Ju ry (4)The recommendation will not be implemented
Recommendations because it is not warranted or is not reasonable,with an
explanation therefor.
(e)No later than 90 days after the grand jury
submits a final report on the operations of any public (c)However,if a finding or recommendation of
agency subject to its reviewing authority,the governing the grand jury addresses budgetary or personnel matters of
body of the public agency shall comment to the presiding a county agency or department headed by an elected
judge of the superior court on the findings and officer,both the agency or department head and the board
recommendations pertaining to matters under the control of of supervisors shall respond if requested by the grand jury,
the governing body,and every elected county officer or but the response of the board of supervisors shall address
agency head for which the grand jury has responsibility only those budgetary or personnel matters over which it has
pursuant to Section 914.1 shall comment within 60 days to some decision making authority. The response of the
the presiding judge of the superior court,with an elected agency or department head shall address all aspects
information copy sent to the board of supervisors,on the of the findings or recommendations affecting his or her
findings and recommendations pertaining to matters under agency or department.
the control of that county officer or agency head and any
agency or agencies which that officer or agency had (d)A grand jury may request a subject person or
supervises or controls. In any city and county,the mayor entity to come before the grand jury for the purpose of
shall also comment on the findings and recommendations. reading and discussing the findings of the grand jury report
All of these comment:;and reports shall forthwith be that relates to that person or entity in order to verify the
submitted to the presiding judge of the superior court who accuracy of the findings prior to their release.
impaneled the grand jury. A copy of all responses to grand
jury reports shall be placed on file with the clerk of the (e)During an investigation,the grand jury shall
public agency and the office of the county clerk,or the meet with the subject of that investigation regarding the
mayor when applicable,and shall remain on file in those investigation,unless the court,either on its own
offices. One copy shall be placed on file with the determination or upon request of the foreperson of the
applicable grand jury final report by,and in the control of grand jury,determines that such a meeting would be
the currently impaneled grand jury,where it shall be detrimental.
maintained for a minimum of five years.Leg.H.1961 ch.
1284, 1963 ch.674. 1974 chs.393, 1396, 1977 chs. 107, (f)A grand jury shall provide to the affected
187, 1980 ch.543, 1981 ch.203, 1982 ch. 1408, 1985 ch. agency a copy of the portion of the grand jury report
221, 1987 ch.690, 1988 ch. 1297, 1997 ch.443, 1988 ch. relating to that person or entity two working days prior to
230. its public release and after the approval of the presiding
judge. No officer,agency,department,or governing body
Section 933.05(Partici/)Response to Grand Jury of a public agency shall disclose any contents of the report
Recommendations-Content Requirements... prior to the public release of the final report.
(a)For purposes of subdivision(b)of Section
933,as to each grand jury finding,the responding person or
entity shall indicate one of the following:
(1)The respondent agrees with the finding.
(2)The respondent disagrees wholly or partially
with the finding,in which case the response shall specify
the portion of the finding that is disputed and shall include
an explanation of the reasons therefor.
(b)For purposes of subdivision(b)of Section
933,as to each grand jury recommendation,the responding
person or entity shall report one of the following actions:
(1)The recommendation has been implemented,
with a summary regarding the implemented action.
(2)The recommendation has not yet been
implemented,but will be implemented in the future,with a
timeframe for implementation.
(3)The recommendations requires further
analysis,with an explanation and the scope and parameters
of an analysis or study,and a timeframe for the matter to
be prepared for discussion by the officer or head of the
agency or department being investigated or reviewed,
including the governing body of the public agency when
applicable. This timeframe shall not exceed six months
from the date of publication of the grand jury report.
C, 121
CONTRA COSTA COUNTY GRAND JURY REPORT NO. 0108
Group Homes
FINDINGS
1. There are 37 Group Homes in Contra Costa County with licenses issued by the
State of California Community Care Licensing (CCL) Division. These Group
Homes provide housing and special services for juveniles 2 through 17 years of
age.
2. Juveniles are placed in the Group Homes by court order. Some have been abused
(dependency) and some have committed crimes (delinquency).
3. There is a position designated as County Group Home Developer. This position
is staffed by a County Social Caseworker Specialist, with experience as a Case
Manager. This person has the responsibility of evaluating the level of service
provided by all in-County Group Home providers, and attending CCL orientations
to advise aspiring Group Home providers of expectations and program needs.
4. The owners of Group Homes are compensated with Federal, State, and County
funds. In some Group Homes the owners are on site administrators. In others,
the owners hire an administrator/provider to handle the day to day operations.
Each Group.Home has a Relative Care Level (RCL) assignment. RCL refers to
the physical facilities, the qualifications of the staff and staff number. The base
rate is $3,890 per child per month. With additional care requirements, the rate
can rise as much as $11,000 per child per month.
5. Gross negligent conditions were found in some Group Homes. One Group Home
in West County was in despicable condition. Fire, Health and Safety code
violations were visible. Bathrooms were filthy with an accumulation of mold
around the shower and floors were not clean. There were non-working smoke
detectors, bare light fixtures, and lack of illuminated exit signs. There was
evidence of cigarette butts that had been extinguished in drawers. There were no
rope or ladder escape routes from the second floor. In general, the Group Home
provided a totally unhealthy and unsafe environment.
6. Some Group Homes were austere; beds without frames, mattresses on bare floors,
and walls without pictures. In others there was no extra supply of stocked food in
evidence and children complained of insufficient variety and quantity of food.
7. School attendance and progress were not sufficiently monitored for some
residents. Children were at the Group Home during school hours without
sufficient reasons. The only incentive given to children for attending classes were
merit points required to maintain Group Home privileges. Records of school
progress and attendance were not available.
8. Some Group Home owners are not accounting for the monies paid to provide the
services that have been ordered. Group Home owners determine how and where
funds received each month are spent. CCL is responsible for auditing
expenditures at the Group Homes.
9. Group Home owners determine the quantity and qualifications of their staff.
Group Home owners are not required to live in the Group Homes. However, 24
hour staffing is required. One Group Home was cited 4 times in 1.997 for having
no staff on the premises.
10. In one Group Home, 8 juvenile females were being supervised by 3 male staff
members. There was no female staff present.
11. A County Social Worker (SSW) is assigned to each juvenile living in a Group
Home. SSWs are required to make monthly visits to each assigned child and
submit written reports regarding the juvenile visited. They also prepare,,for the
Court, a semi-annual status report which covers all areas of the child's permanent
and confidential records.
12. SSWs are not required to conduct the interview of the juveniles inside the Group
Home, nor are they required to assess or report on the conditions that exist in the
Group Home.
13. State Fire Marshall regulations require that all Group Homes be initially
inspected. However, local fire departments have no authority to inspect Group
Homes thereafter on a continuing basis.
14. The Contra Costa County fire departments do not make safety inspections of
Group Homes unless they are requested by CCL, through the State Fire Marshall.
To make an appointment for an inspection, the local fire department inspector will
first call the Group Home owner. If personal contact is not made at this time and
the owner does not return the call, no inspection is made. A Group Home may
operate for years without a fire safety inspection.
15. Not all Group Homes have problems such as have been mentioned. Some have
established excellent training programs for their staff and require their attendance.
Some post extra activity opportunities and conduct regular outings for the
juveniles. Superior conditions were found in the more newly established Group
Homes (1999 - 2000). Their refrigerators and food cupboards were well stocked.
All the juveniles could sit for meals at the same time in a family atmosphere.
Recreation areas within these Group Homes were equipped with pool tables and
other games. Mission statements and menus for the week were posted in view.
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RECOMMENDATIONS
The 2000-2001 Contra Costa County Grand Jury recommends that the Employment and Human
Services Department:
1 Ensure that juveniles living in Group Homes in the County have a safe place to
live. Establish a schedule and a reporting form for the Group Home Developer to
inspect all Group Homes on an annual basis, and to evaluate their physical and
procedural conditions (such as juveniles rights and responsibilities, menus and
recreational activities).
2. Ensure that Group Home owners keep the Group Homes clean. Support staff
should do regular, thorough house cleaning of all areas of the Group Homes,
particularly where mold and bacteria are most likely to grow. (Reference; Group
Homes Manual, Title 22, Division 6, Chapter 5, Paragraph 84065.2 d/e).
3. Clarify the requirements as to who is responsible for inspecting and reporting the
existence of unsafe or unhealthy conditions in the Group Homes and establish
procedures and.follow-up inspections to make certain problems are corrected.
4. Order that Group Home owner/administrators require students to maintain
acceptable school attendance and progress. School records should be included in
the monthly visit reports of the County Social Service Workers and this
information brought to the attention of the County Group Homes Developer.
5. Direct its Children and Family Services Bureau to conduct unannounced quarterly
inspections and identify deficiencies of each of the 37 Group Homes in the
County. A Social Service Caseworker Specialist, other than the Group Homes
Developer should conduct these inspections.
6. Require that the SSW, as part of their job responsibility, report any observations
of existing hazardous conditions, or conditions that have the potential to
jeopardize the safety of the residents. This could take place during their monthly
visits. A follow up procedure should be established to correct deficiencies that
have been reported.
7. Coordinate with the Community Care Licensing Division and the County Board
of Supervisors to enact or create legislation that would allow fire districts to
conduct annual inspections of Group Homes as a preventive measure in contrast
to responding only to emergencies.
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8. Require each SSW to document observed Group Home violations and juveniles'
complaints, on monthly basis. A complaint file should be maintained for each
Group Home.
9. Enforce adherence to the audit requirements established by CCL Division.
10. Recommend to Community Care Licensing Division, closure of Group Homes
that consistently fall below established standards.
COMMENT
There is a real issue here. Should these children be removed from one type of abuse only to be
placed into an environment of abuse, inadvertently sanctioned by government?
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