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HomeMy WebLinkAbout121911_ca06 Consent Agenda Juvenile Services Jefferson County Board of County CommIssioners Agenda Request From: Board of County Commissioners Barbara Carr, Juvenile Court Administrator To: Date: Week of December 19, 2011 , Subject: Signing County Program Agreement #1263-43173 Consolidated Contract - FY 2012 Statement of Issue: The attached document is the contract with DSHS/JRA that supports supervision, Aggression Replacement Training and other programs for for moderatelhigh risk offenders including the Chemical Dependency Disposition A1tematlve (CDDA), Special ~~. Sex Offender Disposition A1tematlve (SSODA), and Community Juvenile Accountability Act (CJM) programs. Analysis: This reflects the contract arrangement for the fiscal year 2012. Alternatives: N1A Fiscal Impact: These funds have been included In my budget for 2012. Recommendation: That the BOCC sign three original Consolidated Contract Program Agreements as presented. RevIewed by: Philip Morley, County Administrator /~ '!' '!' '" iii-- ;oJ " COUNTY DSHS Agreement Number .~~"'g" PROGRAM AGREEMENT 1263-43173 SOCl~TH Consolidated Contract FY12-13 This Program Agreement is by and between the State of Washington Administration or Division Department of Social and Health Services (DSHS) and the County identified Agreement Number below, and is issued in conjunction with a County and DSHS Agreement On County Agreement Number General Terms and Conditions, which is incorporated by reference. DSHS ADMINISTRATION DSHS DMSION DSHS INDEX NUMBER CCS CONTRACT CODE Juvenile Rehabilitation Division of Community 1223 5024CS-63 Programs DSHS CONTACT NAME AND TITlE DSHSCONTACTADDRESS Barbara Kraemer OB2 FA5 P.O. Box 45720 Oiympia, WA 985045720 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL (360l902-0765 (360)902-8108 kraembi@dshs.wa.oov COUNTY NAME COUNTY DBA COUNTY ADDRESS Jefferson County . PO Box 1220 615 Sheridan St Port Townsend, WA 98368 COUNTY UNIFORM BUSINESS IDENTIAER (UBI) COUNTY CONTACT NAME 161-001-169 Barbara Carr COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL (360) 385-9190 (360l 385-9191 bcarr@co.iefferson.wa.us IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? N PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 01/0112012 06/3012013 See Exhibits EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: 1:81 Exhibits (sDecifv): Exhibit A:. Consolidated Contract-Block Grant; Exhibit B: E3SHB 3900 Funds The terms and condiVons of this Contract are an integration and representation of tllll final,entire and exclU$ive understanding b$tween the parties superseding and merging>all previous agreements, writings, andOOrnmunications, oral or otherwise, re~niing the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authoritY to execute this Contract. This Contract shall be binding on DSHS only UDon signature bIiDSHS. . .. COUNTY SIGNATURE (S) PRINTED NAME (S) AND TITlE (S) DATE (S) SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Del R. Hontanosas Grants and Contracts Manaaer DSHS Central Contract Services 5024CS County ConsolIdated Contract FY11 (11-9-11) Approved as to form only: ,1 ~ tLJ'(&11 Jefferson Co. Prosecutor' Office 1 ,.. , , Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Contractor" means the County. b. "JRA" means the Juvenile Rehabilitation Administration. c. "JRA Bulletins/Policies. means the JRA Administrative Policies, which direct JRA expectations. d. "Limited Access. means supervised access to a juvenile(s) that is the result of the person's regularly scheduled activities or work duties. e. "Regular Access. means unsupervised access to a juvenile(s), for more than a nominal amount of time, that is the result of the person's regularly scheduled activities or work duties. 2. Background Check/Criminal History -In accordance with Chapters 388-700 WAC (JRA-Practices & Procedures), 72.05 RCW (Children & Youth Services), 43.20A RCW (DSHS), and by the terms of this contract, Contractor and each of its employees, subcontractors, and/or volunteers who mayor will have regular access to any clientljuvenile must be cleared through a JRA approved criminal history and background check. In addition, Contractor, each of their employees, subcontractors, and/or volunteers, who mayor will have limited access to any clientljuvenile, may be required to be cleared through a JRA approved criminal history and background check. By execution of this contract, Contractor affirms that Contractor, each of its employees, subcontractors, and/or volunteers, who mayor will have regular access have not been convicted of any of the following: a. Any felony sex offense as defined in 9.94A030 RCW (Sentencing Reform Act-Definitions) and 9A.44.130 RCW (Sex Offenses); b. Any crime specified in Chapter 9A.44 RCW (Sex Offenses) when the victim was a juvenile in the custody of or under the jurisdiction of JRA; or c. Any violent offense as defined in 9.94A.030 RCW (Sentencing Reform Act-Definitions). Contractor must require that current employees, volunteers, and contracted service providers who are authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of the above offenses. The report must be made to the person's supervisor within seven (7) days of conviction and any person who has reported a guilty plea or conviction for one or more of these offenses must not have regular access to any offender. Contractor shall also document background checks/criminal history clearances for monitoring purposes. 3. Sexual MIsconduct -13.40.570 RCW (Sexual misconduct by state employees, contractors) states that when the Secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an offender has occurred, the Secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender. By execution of this contract, contractor affirms that contractor, each of its employees, subcontractors, and/or volunteers are knowledgeable about the requirements of 13.40.570 RCW (Sexual misconduct by state employees, contractors) and of the crimes included in 9A.44 RCW (Sex Offenses). in addition, the Secretary shall disqualify for employment with a contractor in any position with access to an offender, any person: OSHS Central Contract services 5024CS County Consolidated Contract FY11 (11-9-11) 2 1: 1. Special Terms and Conditions a. Who is found by the department, based on a preponderance of the evidence, to have had inter40urse or sexual contact with the offender; or b. Convicted of any crime specified in chapter 9A.44 RCW (Sex Offenses) when the victim was an offender. If any actions are taken under 13.40.570 RCW, subsections (3) or (4), the Contractor must demonstrate to the Secretary they have greatly reduced the likelihood that any of its employees, volunteers, or subcontractors could have sexual intercourse or sexual contact with any offender. The contract shall not be renewed unless the Secretary determines significant progress has been made. 4. Subcontractor If the Contractor utilizes subcontractors for the provision of services under this Contract, the Contractor must notify JRA in writing and maintain sufficient documentation to verify that the subcontractors meet all the reqUirements under this Contract. In no event shall the existence of a subcontract release or reduce the liability of the County for any breach of performance. The Contractor is responsible for all acts or omissions of its subcontractors. 5. Monitoring The County shall assist the JRA to perform reviews of sites where services are delivered at regular intervals using agreed upon forms and methods. 6. Billing and Payment a. If reports required under this Contract are delinquent, DSHS, JRA may stop payment to the Contractor until such required reports are submitted to JRA. b; The Contractor agrees to accept this payment as total and complete remuneration for services provided to offenders under this agreement. This does not preclude the Contractor from seeking other funding sources. No indirect costs are allowed. c. The Contractor shall use these funds to supplement, not supplant, the amount of federal, state, and local funds otherwise expended for the services provided under this agreement. d. Under no circumstance shall the Contractor bill twice for the same services. e. The Contractor shall maintain backup documentation of all costs billed under this contract. f. If the Contractor bills and is paid fees for services that JRA later finds were either 1) not delivered or 2) not delivered in accordance with this contract or contract attachments, JRA shall recover fees and the Contractor shall fully cooperate. 7. Compliance with JRA Policies and Standards. a. In addition to the governing Federal and State laws and regulations, the Contractor shall comply with all the following as applicable to the services provided: (1) DSHS and JRA Rules (WAC); and (2) DSHS and JRA BulletinslPolicies. (3) The DSHS and JRA Rules, Bulletins, and Policies are located at: OSHS Central Contract Services 5024CS county Consolidated Contract FY11 (11-9-11) 3 , . . Special Terms and Conditions http://www.dshs.wa.Qovlira/aboutlmission.shtml b. In case of conflict or inconsistency between the aforementioned, the higher standard of compliance shall prevail. c. Records created or obtained during a youth's stay and/or maintained as a part of the youth's case files are juvenile records, and subject to confidentiality guidelines established in statute, to include but not be limited to RCW 13.40. DSHS shall have access to all records related to a JRA youth upon request. DSHS Central Contract Services 5024CS county Consolidated Contract FY11 (11-9-11) 4 , . '. EXHIBIT A STATEMENT OF WORK Consolidated Contract - Block Grant 1. Purpose As mandated by the Washington State Legislature, the purpose of this contract is to provide funding to County Juvenile Courts throughout the State of Washington to support Block Grant programs for juvenile offenders, which include but are not limited to the following: Consolidated Juvenile Services At-Risk (CJS), Disposition Alternatives for Special Sexual Offender Disposition Alternative (SSODA),Chemical Dependency Disposition Alternative (CDDA), Suspended Disposition Alternative (SDA), Mental Health Disposition Alternative (MHDA), Community Juvenile Accountability ActlEvidence Based Programs (CJAA), and Promising Programs. Program descriptions and requirements are outlined in the Block Grant Contract 2012/13 Application, Budget, and Monitoring Instructions provided by the Juvenile Rehabilitation Administration (JRA). 2. General Requirements The County Juvenile Court shall: a. Provide projects and services in compliance with the County's Block Grant Contract 2012/13 Application, Budget, and Monitoring Instructions (herein referred to as the "Application") and the County's Approved Response (herein referred to as the "Application Response"). b. Administer the Washington State Juvenile Court Prescreen Assessment or full Risk Assessment to all youth on probation supervision in accordance with the timeline specified in the County's Application Response. c. Administer a Washington State Juvenile Court Risk Assessment to all youth who are moderate to high risk on the prescreen assessment, and a reassessment to all moderate to high risk youth at the end of probation, in accordance with the timeline specified in the County's Application Response. d. Establish programs designed to impact the outcomes statewide by: (1) Decreasing recidivism; (2) Decreasing commitments to the JRA; and (3) Maintaining or increasing the number of committable youth receiving services in their community. e. Upon JRA's request, The County Juvenile Court shall provide JRA and the Washington State Institute of Public Policy (WSIPP), with statistical risk assessment data necessary to determine program impacts on the statewide outcomes, as agreed upon in the Interposal Data Sharing Agreement Between the State of Washington Administrative Office of the Courts and the State of Washington Department of Social and Health Services Juvenile Rehabilitation Administration. Any sharing of additional data will be agreed upon by JRA and the Juvenile Courts. f. Consistent with RCW, the County Juvenile Courts will provide JRA with information necessary for the JRA to provide oversight of the County Juvenile Court Block Grant, consistent with the responsibilities and duties of JRA. DSHS Central Contract Services 5024CS County ConsoUdaled Contract FY11 (11-9-11) 5 "\-. ,," g. The County Juvenile Court shall comply with all applicable local, state, and federal licensing and accreditation requirements and standards necessary in the performance of this Contract. h. When licensing or other statutory requirements differ from contract requirements, the County Juvenile Court shall meet whichever requirement imposes the higher standard. Any variance from licensing requirements shall require a licensing waiver. 3. Supervision and Programs All supervision and program services performed by County Juvenile Court under the terms of this Agreement shall be in conformance with the County's Application and the County's Application Response. The County shall provide all services in compliance with applicable RCW, WAC, and Appellate case law for the following programs within available resources. a. Consolidated Juvenile Services (CJS) At-Risk Programs The County Juvenile Court shall provide services pursuant to RCW 13.06, Chapter 388-710 WAC. b. Special Sex Offender Disposition Alternative (SSODA) The County Juvenile Court shall provide services pursuant to RCW 13.40.160 and the following standards: (1) In a timely manner, pursuant to RCW 4.24.550, provide local law enforcement officials with all relevant information about offenders placed on the SSODA program. Comply with ESSB 5204 as specified by the 2011 Legislature. (2) Provide a combination of services identified in the Sex Offender Treatment Provider assessment and the Washington State Juvenile Court Risk Assessment, deemed most effective to decrease recidivism, increase youth protective factors, and decrease youth risk factors. Specifics of family, group, or individual sessions shall be identified in the provider treatment plan provided during assessment and shall be updated quarterly Document in the case record reductions in the levels of supervision and support for such reductions. c. Chemical Dependency Disposition Alternative (CDDA) (1) The county shall provide services pursuant to RCW 13.40.165 and the following standards: (a) Utilize a Department of Behavioral Health and Resources (DBHR) approved assessment as detailed in Attachment A of the County's Application; (b) Be consistent with proven effectiveness elements detailed in The Effectiveness Standards for the treatment of Chemical Dependency in Juvenile Offenders: A Review of the Literature (UW, January 1998); (c) Include family service strategies and components; (d) Utilize the 'CDDA Case Management Standards for Chemically Dependent Youth"; and (e) Include random urinalysis testing. (2) Courts may utilize deferred or stipulated order of continuance with CDDA eligible youth. d. Suspended Disposition Alternative (SDA) Services DSHS Central Contract Services 5024CS County Consolidated Contract FY11 (11-9-11) 6 . : (1) The County shall provide services pursuant to RCW 13.40.0357. e. Mental Health Disposition Alternative (MHDA) Services (1) The County shall provide services pursuantto RCW 13.40.197. f. Community Juvenile Accountability Act/Evidence Based Programs (CJAA) The County will comply with the statewide Evidence Based Quality Assurance plans and the following program standards: (1) For Functional Family Therapy (FFT): (a) General precepts/practices contained in FFT, Inc. Initial 3-Day Training; (b) AssessmentlReporting Standards contained in FFT, Inc. 1-Day Systems Training; (c) Clinical feedback from FFT Inc. in on-going consultation and site visits; (d) Feedback from designated FFT statewide Quality Assurance Administrator in on-going consultation and site visits; and (e) Precepts/practices of FFT contained in Blueprints for Violence Prevention. (2) For Washington State Aggression Replacement Training (WSART): (a) Precepts/practices contained in Aggression Replacement Training (Rev. Ed.) by Goldstein, Glick and Gibbs; (b) Precepts/practices contained in WSART initial training or subsequent Quality Assurance statewide meetings; and (c) Feedback from designated WSART statewide Quality Assurance Specialist and Regional Site Consultants in on-going consultation and site visits. (3) For Multisystemic Therapy (MST): (a) Precepts/practices of MST contained in Blueprints for Violence Prevention; and (b) General precepts/practices contained in training, consultation, and clinical oversight as provided by the University of Washington. (4) For Coordination of Services (COS): (a) General precepts and practices contained in the Coordination of Services Statewide Manual. (5) Family Integrated Transitions (FIT): (a) Precepts/practices of FIT contained in University of Washington Program Manual; and (b) General precepts/practices contained in training, consultation, and clinical oversight as provided by the University of Washington. g. Promising Programs OSHS Central Contract Services 5024CS County Consolidated Contract FYll (11-9-11) 7 , ~ County Juvenile Courts may utilize their funding to implement a Promising Program when they have met the criteria developed by the Washington State Institute for Public Policy and approved by the CJAA Advisory Committee. 4. Consideration a. The maximum consideration for this agreement is identified in the "County Juvenile Court Pass through Distribution SFY12113", hereby incorporated by reference. A revenue sharing process shall be made available during the latter part of the fiscal year for all counties participating in the Block Grant, provided funding Is available or unless otherwise agreed upon by the JRA and the Juvenile Court Administrators. The full list of priorities for revenue sharing will be provided by the JRA and developed in collaboration with the County Juvenile Courts. The County Juvenile Court shall submit their "Revenue Sharing RequestslRetums Form" to their respective Regional Administrators no later than May 15th or as agreed upon by the JRA and Juvenile Court Administrators. Late submittals shall not be considered. Revenue sharing increases and decreases will be awarded by distribution of an updated "County Juvenile Court Pass through Distribution SFY12113". The total maximum consideration for this contract may increase or decrease, depending on the results of revenue sharing distributions and changes in appropriations as directed by the legislature. b. Reimbursement is based on actual costs except, where costs are tied to established rates and will be reimbursed up to the maximum allowed, as detailed in Attachment B (CODA) of the County's Application. c. The County Juvenile Courts shall not be reimbursed for youth placed on consecutive or combined CODA sentences which exceed 12 months active supervision. UNLESS the offense date of an additional CODA sentence occurs after the termination date of the preceding CODA disposition OR the youth begins as a CODA Local Sanction and then is sentenced to CODA Committable for a new offense. d. For CODA programs using a Title XIX match funding, the set aside identified in the County's Application and the County's Application Response will be used for treatment services for a Title XIX eligible youth; subcontracted with a Title XIX eligible treatment provider. The authorized subcontracted treatment provider accessing JRA CODA Title XIX must have separate contracts with JRA to provide services and JRA will monitor the contracts. The maximum consideration payable and the match generated in additional federal dollars are incorporated by reference in the County's Application and the County's Application Response. 5. Billing and Payment a. Monthly invoices (A-19) are to be submitted to JRA each month for services provided. JRA retains the right to withhold payment for incomplete or delinquent reimbursement packages. Invoices shall include the following documents provided by the JRA and completed by the County: (1) Required sentencing worksheets and Disposition Orders for SSODA, CODA, MHDA, and SDA Committable youth; (2) Monthly Project Updates for each Evidence Based Program and Promising Program; and (3) Roster Reports for local sanction and committable youth for all Disposition A1tematives. OSHS Central Contract Services 5024CS County Consolidated Contract FY11 (11-9-11) 8 I. .' . , b. The County Juvenile Court may utilize their funding to implement a Promising Program when they have met the criteria developed by the Washington State Institute for Public Policy and approved by the CJAA Advisory Committee. c. Costs related to risk assessment may be billed in the formula of three (3) hours of the provider's time for each moderate to high-risk youth assigned to a probation caseload. Reassessment costs are not billable. Risk Assessment costs will be billed separately. d. Costs incurred for direct treatment services may be billed for youth residing out of state whom are on a SSODA. CODA, MHDA, or SDA. e. Detention costs, for up to 30 days per period of confinement and consistent with RCW 13.40.200, for SSODA, CODA, MHDA, and SDA committable offenders will be reimbursed at a rate no higher than that charged to other courts purchasing beds. f. For SSODA, CODA, SDA, and MHDA programs, the County shall be eligible for reimbursement for supervision costs for up to 14 days following a youth being placed on absconder status and a warrant being issued. Program payment will be reinstated when the youth is apprehended. g. For CODA programs, an inpatient treatment provider shall be reimbursed for services up to 72 hours following discharge, if a committable youth has been discharged from a subcontracted inpatient facility on a temporary basis and is expected to retum, and/or if a committable youth has left the program against clinical advice and the bed is being held for readmission. h. For CODA programs, in the event of a revocation, the County shall be eligible for reimbursement for treatment services until the youth is committed to JRA. i. For CODA programs, the County shall be eligible for reimbursement in the event of a new offense for up to 14 days from arrest. Payment is reinstated when the youth is placed back to active CODA status. j. Reimbursement for administrative and equipment costs shall not exceed 15% ofthe original annual allotment. Administrative costs include discrete, assignable activities and cost necessary for overall management and support of a program. k. The County must maintain backup documentation of all costs billed under this Block Grant Contract and provide this information as requested by the JRA. 6. Items Incorporated by Reference a. 'County Juvenile Court Pass through Distribution SFY12/13"; b. Block Grant Contract 2012/13 Application, Budget, and Monitoring Instructions and the County's Approved Application Response; c. Consolidated Juvenile Services Programs: Chapter 388-710 WAC; d. RCWs 13.06; 13.40.160; 13.40.165; 70.96A.520; 13.40.500; e. Juvenile Offender Sentencina Standards (13.40.0357); f. The Effectiveness Standards for the Treatment of Chemical Dependency in Juvenile Offenders: A Review of the Literature (Januarv 1998); g. Chemical Dependency Disposition Altemative: Final Report to the Washinaton State Leaislature OSHS Central Contract Services 5024CS County ConsolIdeted Contract FY11 (11-9-11) 9 '1. -'!'" ",,- ... (Januarv 2004); and h. The Community Juvenile Accountability Act Research-Proven Interventions for the Juvenile Courts (Januarv 1999). OSHS Central Contract Services 5024CS County Consolidated Contract FYll (11-9-11) 10 .,0, , t i'" '\.... ~ EXHIBIT B STATEMENT OF WORK E3SHB 3900 Funds 1. Purpose To pass through funding to county juvenile courts for the purpose of addressing the impacts of Juvenile Justice Bill (E3SHB3900) passed by the 1997 legislature. The county funding distribution is based on the Consolidated Juvenile Services (CJS) At-Risk formula provided by the Washington Association of Juvenile Court Administrators ry./AJCA). 2. Consideration Maximum consideration for this statement of work shall not exceed $12,291 for each fiscal year. 3. Payment and Billing a. The County shall submit a properly completed A-19 Invoice Voucher with supporting documentation to JRA each month for services provided. b. The County shall bill JRA in twelve equal installments each fiscal year. c. 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