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HomeMy WebLinkAbout040819_ca10 615 Sheridan Street f Port Townsend, WA 98368 A ()Jason Port Public HealtFebruary 28,2019 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director Anna McEnery, DD & 1/10th County Coordinator DATE: SUBJECT: Agenda Item — a Memorandum of Understanding Agreement to Jefferson County Superior Court; January 1, 2019 — December 31, 2020; $100,842.00 STATEMENT OF ISSUE: Jefferson County Public Health, as the fund manager of the Mental Health and Substance Abuse sales tax treatment funds, is requesting Board approval of a Memorandum of Understanding Agreement with the Jefferson County Superior Court, for Drug Court Case Management Services and Family Therapeutic Case Management Services for individuals affected by substance abuse and chemical issues; in the amounts of: $40,421.00 for Drug Court, from for January 1, 2019 — December 31, 2019; $40,421.00 for Drug Court, from for January 1, 2020 — December 31, 2020; in the amounts of: $10,000.00 for Family Therapeutic Court, from January 1, 2019 — December 31, 2019; $10,000.00 for Family Therapeutic Court, from January 1, 2020 — December 31, 2020; for a total of; $100,842.00. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Memorandum of Understanding, is with the Jefferson County Superior Court; for Drug Court Case Management Services and Family Therapeutic Court Case Management and other services for Jefferson County citizens, seeking substance abuse and chemical dependency treatment. This Memorandum of Understanding Agreement, results from an RFP process and is recommended by the Mental Health and Substance Abuse Advisory Committee. FISCAL IMPACT/COST BENEFIT ANALYSIS: This is sales tax revenue raised by the County in the 1/10 of 1% Fund and is allocated by the BOCC with advice from the Mental Health and Substance Abuse Sales Tax Advisory Committee. The MOU states if the sales tax revenue decreases, the Court will be contacted and the agreement may be renegotiated. Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 RECOMMENDATION: JCPH management request approval of a Memorandum of Understanding Agreement to the Jefferson County Superior Court; in the amounts of $80,842.00 for Drug Court, from January 1, 2019 — December 31, 2020; in the amounts of $20,000.00 for Family Therapeutic Court, from January 1, 2019 — December 31, 2020;for a total of; $100,842.00. REVIEWED BY: 0I fr; , j X 1 ip Morley Cqunty Adm• istrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f)360-379-4487 360-385-9401 (f) Always working for a safer and healthier community MEMORANDUM OF UNDERSTANDING Between Jefferson County Superior Court and Jefferson County Board of County Commissioners as Administrator of Mental Health/Substance Abuse Sales Tax Fund—2019-2020 WHEREAS,this Memorandum of Understanding(MOU) is between Jefferson County Superior Court(Court) and the Jefferson County Board of County Commissioners(County)which administers the Mental Health/Substance Abuse Sales Tax Fund through Jefferson County Public Health; and WHEREAS,this Memorandum of Understanding describes the mutually-agreed conditions under which Mental Health/Substance Abuse Sales Tax funding is being allocated to Jefferson County Superior Court for the Court's Case Management Services for individuals affected by substance abuse, chemical dependency and mental health issues; and WHEREAS,the Jefferson County Mental Health/Substance Abuse Sales Tax Advisory Committee voted to recommend Jefferson County Mental Health/Substance Abuse Sales Tax Fund 131 be allocated for therapeutic court case management services in 2019-2020 as follows; $100,842.00 for Mental Health Court case management and services in Jefferson County Superior Court; WHEREAS,the Board of County Commissioners approved a 2019-2020 County Budget that allocates funding from the Mental Health/Substance Abuse Sales Tax Fund 131 consistent with the Jefferson County Mental Health/Substance Abuse Sales Tax Advisory Committee's recommendations; and WHEREAS,the Superior Court will administer the contracts and expenditures to provide the therapeutic court case management services pursuant to this MOU from January 1, 2019 to December 31, 2020; and WHEREAS, Work performed between January 1, 2019 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified; and WHEREAS, all funds from Fund 131 may only be used for their intended purpose within that budget year, and any unexpended funds remaining at the end of a budget year must be returned to the Fund 131 fund balance, to be available for allocation for eligible services in future years; and WHEREAS, Superior Court agrees to regularly report deliverables and metrics to Jefferson County through the Jefferson County Public Health as specified under this MOU as a condition of receiving Fund 131 funds, and to facilitate overall management of the Fund; NOW,THEREFORE, it is mutually agreed that: 1. The County, as administrator of the Mental Health/Substance Abuse Sales Tax Fund 131, and Jefferson County Superior Court mutually agree for the Court to provide case management services and other services to individuals enrolled in Mental Health Court, as described in this MOU, including EXHIBIT A: Scope of Work: Drug Court& Family Therapeutic Court and EXHIBIT B: Therapeutic Courts Logic Model and Performance Measures attached hereto and incorporated herein. 1 of 12 2. Funding from Fund 131 to the Superior Court Branch for the services pursuant to this MOU shall be up to $50,421 in 2019 and up to $50,421 in 2020 as described in the following table, subject to modification pursuant to Section 4 of this MOU. Superior Court will use the funding from Fund 131 for direct services (e.g. housing, urine analyses, Court incentives, out of custody assessments, in custody assessments, training, and alternative to jail) for participants in Drug Court and Family Therapeutic Court. Description Service Period Amount from Fund 131 FTC Case Management and Other 1/1/19— 12/31/19 Services Budget: Case Management $4,000 Transportation $1,100 UA Test Standard $1,200 Incentives* $3,000 Housing Vouchers $400 Supplies/Materials $300 Total FTC Budget $10,000 Drug Court Case Management and 1/1/19— 12/31/19 Other Services Budget: Case Management $20,000 Housing Reimbursement Oly Cap $3,000 Housing Vouchers $3,000 Incentives* $4,000 Transportation $1,900 UA Test-Standard $2,500 UA Test-Random Weekend $2,500 In Custody drug/alcohol Eval $2,500 Supplies/Materials $1021 Total Drug Court Budget $40,421 All Superior Court Branch Budgets $50,421 Description Service Period Amount from Fund 131 FTC Case Management and Other 1/1/20— 12/31/20 Services Budget: Case Management $4,000 Transportation $1,100 UA Test Standard $1,200 Incentives* $3,000 Housing Vouchers $400 Supplies/Materials $300 Total FTC Budget $10,000 2 of 12 Drug Court Case Management and 1/1/20— 12/31/20 Other Services Budget: Case Management $20,000 Housing Reimbursement Oly Cap $3,000 Housing Vouchers $3,000 Incentives* $4,000 Transportation $1,900 UA Test-Standard $2,500 UA Test-Random Weekend $2,500 In Custody drug/alcohol Eval $2,500 Supplies/Materials $1021 Total Drug Court Budget $40,421 All Superior Court Branch Budgets $50,421 3. Funding approved pursuant to this MOU will be included in the 2019 and 2020 expenditure appropriation budgets of Superior Court. In addition, a quarterly transfer from Fund 131 for a total equal to the amount expended during the YTD period minus previous expenditure reimbursements from this award not to exceed the authorized annual amounts in Section 2, above will be made to the Superior Court revenue budget upon timely submittal of required reports. Funds provided pursuant to this MOU will be tracked separately by the Court and may only be used for its intended purpose within that budget year. At the end of each budget year, if documented actual authorized expenditures pursuant to this MOU services related to/for the Drug Court and Family Therapeutic Court are less than the authorized budgeted amount,the difference will be transferred back to Fund 131.Superior Court will not exceed the amount provided by Fund 131 without obtaining an appropriation. 4. Funding provided by Fund 131 will be used to monitor participant compliance and as well as help participants improve psychiatric symptoms and functioning, reduce substance use, reduce hospitalizations, increase housing stability,reduce arrests, and improve quality of life. Funding will be used to assist participants with the above areas. Funding listed in the table on page 2 are approximations for each line item, (with the exception of Administration) and may be shared between the descriptions with budget updates given to Public Health. 5. Superior Court will use the 131 Funding Spreadsheet, see ATTACHMENT B -Jefferson County 131 Funding Spreadsheet for actual paid monthly expenses that have incurred. 6. A copy of ATTACHMENT B -Jefferson County 131 Funding Spreadsheet will be emailed by the 10th of every month to Judy Shepherd of the Auditor's Office at jshepherd@co.jefferson.wa.us and to Veronica Shaw of Public Health at veronica@co.jefferson.wa.us. 7. Superior Court and any contractors it may use to provide Case Management with Fund 131 funding, shall comply with the following and with ATTACHMENT A-Jefferson County MH/CD Treatment Tax Funding Match Policy. a. The County reserves first right to use as match the chemical dependency,mental health tax funds and the services funded by them for purposes of qualifying for additional funding and grants. The County may allow the Court or its Contractor to use the chemical dependency mental health tax funds as match, at the County's sole discretion. Should the County decline 3 of 12 to use chemical dependency mental health tax funds as the County's match for additional funding and/or grants,then the County may authorize the Court or its Contractor to use such funds for match consistent with this MOU. b. Where the Court or its Contractor proposes to use chemical dependency mental health County tax funds for match,the Court or its Contractor shall be solely responsible for compliance with all state and federal laws and regulations, including but not limited to DSHS, CMS and DBHR funding rules, applicable to the use of MH/CD sales tax monies as match. The Court or its Contractor shall document it has met this responsibility by submitting in writing to the Superior Court and County Administrator their match formula, allocation plan and any other documentation required of them by ATTACHMENT A -Jefferson County MH/CD Treatment Tax Funding Match Policy. The County may withhold authorization to utilize the MH/CD sales tax monies as match. The Court's or its Contractor's failure to provide adequate documentation does not relieve the Court or its Contractor of their responsibility to comply with all state and federal laws and regulations related to match. 8. This MOU may be amended by mutual written agreement of both parties. The basis for amending this agreement includes, but is not limited to, an increase or decrease in sales tax funding, or addition of required tasks not addressed in this agreement. 9. This MOU shall remain in effect from January 1, 2019 until December 31, 2020, unless terminated before then by either party with 30 days' prior written notice, except that the requirements to provide financial and program reports and other documentation required pursuant to EXHIBIT A, EXHIBIT B, ATTACHMENT A and ATTACHMENT B shall remain in effect until fulfilled. All work performed in 2019 and 2020 consistent with this MOU prior to its adoption is hereby ratified. DATED this day of , 2019. Jefferson County Board of Commissioners Jefferson County Superior Court Kate Dean, Chair Date , Presiding Judge Date Attest: Carolyn Gallaway, Deputy Clerk of the Board Approved as to Form Only: Philip Hunsucker, Chief Civil, eputy Prosecuting Attorney 4 of 12 EXHIBIT A Scope of Work: Drug Court, Family Therapeutic Court Jefferson County Superior Court agrees to utilize the Fund 131 funds provided through this MOU to provide the following services and provide tracking reports as follows: 1. Provide for and supervise case management services for all citizens enrolled in Drug Court and Family Therapeutic Court. (a) At a minimum, case management shall include: • Prepare and maintain files or a data base on enrollees to track and document their attendance and participation in the therapeutic court,the enrollee's treatment plan, their progress in following the treatment plan, and their progress toward graduation from the therapeutic court. • Communicate with enrollees outside of court as necessary to answer questions, steer enrollees to appropriate resources, and provide guidance to help them comply with their treatment plans. • Coordinate the scheduling and participation of, and communication between, all representatives of agencies that are part of each therapeutic court, such as the Judge/Commissioner, Prosecutor, County Clerk, Public Defenders, and treatment Providers. • Provide administrative support for the smooth functioning of the therapeutic court as may be required by Superior Court. • Collect and share statistics and data as may be required for the administration of the therapeutic court and for reporting purposes. • EXHIBIT B: The Drug Court and Family Therapeutic Court Logic Model and Performance Measures are attached hereto and incorporated herein. (b) If the Court utilizes funds under this MOU to hire a Contractor to provide case management services or administration and billing services subject to this MOU, the Court agrees to prepare for BoCC approval a professional services agreement with the Contractor, which Agreement has been approved by the County's Risk Management and Legal review, and which requires Contractor's compliance with the provisions of this MOU, including compliance with the provisions of Section 5 of this MOU, and requires the Contractor to timely provide all financial and program reports and other documentation necessary for the Court to comply with this MOU. 2. So the Mental Health/Substance Abuse Advisory Committee is able to review usage of allocated funds in order to assure access to appropriate treatments and services,provide at least the following for the therapeutic court: • Provide monthly financial reports to Jefferson County through Jefferson County Public Health on the expenditure of funds under this MOU, in a format approved by the Court and Public Health that describes funds expended and remaining funds allocated under this MOU for the remainder of the year. Reports shall be provided to Public Health by the end of each following month. • Superior Court will provide an estimate of projected expenditures under this MOU for the remainder of the year at the end of October of 2019 and at the end of October 2020 to the Auditors office and Public Health. 5 of 12 • Superior Court will provide all 2019 invoices to the Auditors office for processing by January 7, 2020 and all 2020 invoices by January 7, 2021. • Provide to Jefferson County through Jefferson County Public Health a copy of any service contracts (and all amendments associated therewith)with the 131 funds under this MOU. (c) Jefferson County Superior Court will provide quarterly statistics in an electronic form that is developed and may be revised by Jefferson County Public Health and the Kitsap Health District, in consultation with the Court, for statistical and program data collection. • Jefferson County Superior Court will ensure that quarterly electronic reports for each Juvenile Court are sent to Philip Ramunno of Kitsap County Health District, 345 6th Street, Suite 300, Bremerton WA 98337 and/or Philip.Ramunno@kitsappublichealth.org and that a copy of each electronic report is also sent to Anna McEnery of Jefferson County Public Health at amcenery@co.jefferson.wa.us. • Due dates for reports are as follows: 4/30/19 for Jan-Mar, 7/31/19 for Apr-June, 10/31/19 for July-Sept, and 1/31/20 of the next year for Oct-Dec 2019. 4/30/20 for Jan- Mar, 7/31/20 for Apr-June, 10/31/20 for July-Sept, and 1/30/21 of the next year for Oct-Dec 2020. • Quarterly reports will be reviewed by Public Health and Philip Ramunno for accuracy. Any questions will be referred back to the Court. 6 of 12 EXHIBIT B Drug Court and Family Therapeutic Court Logic Model page 1 Inputs Outputs Activities Participation Drug Court Team Drug Court Team Drug Court Team • Judge • Referral-Defense or • Judge accepts client into • Prosecution Prosecution Drug Ct. • Defense • Prosecution determines • Client evaluation • JCSO eligibility • Client treatment • Safe Harbor • Substance abuse • Client accesses services- significant in criminal history housing,GED,mental health Family Therapeutic Court • Client agrees to D.0 • Weekly staffing&reviews to Team requirements support services&monitor • Judge compliance • Safe Harbor Family Therapeutic Court • GAL Program Team Family Therapeutic Court Coordinator • Referred by Ct, parents, Team • Olycap atty,dept. • Judge accepts client into • Children's Administration • FTC coordinator screens for FTC eligibility • Compliance/follow program • Substance abuse a rules significant factor in • Client treatment dependency action • Housing,Basic needs being • Client agrees to FTC met requirements • Education,employment • Weekly staffing&reviews GOALS: Increase access to treatment and support services that promote recovery and stability for adults and youth. Provide education,screening, referral and brief intervention services in the community. Reduce inappropriate use of county, municipal, and community resources by individuals who have co-occurring mental health and chemical dependency issues. Reduce future involvement in the court system Family change-Address family interaction patterns that maintain the presenting problems; build problems solving and communication skills. Reduce family conflict. Rehabilitate drug dependent offenders through court mandated treatment Promote cost effectiveness in the justice process and the community. 7 of 12 EXHIBIT B Drug Court and Family Therapeutic Court Logic Model page 2 Outcomes--Impact Short Medium Long Drug Court Team Drug Court Team Drug Court Team • Participant connected with • Increased accountability • Criminal Justice System saves housing and treatment for behavior;motivation money processing cases&jail • Drug avoidance skill to comply with program; time. development. respect for court process • Increased pro-social indicators • Abstinence from • Decrease drug use • Decreased recidivism substances Family Therapeutic Ct Team Family Therapeutic Court Team Family Therapeutic Court Team • Address physical and • Recovery for substance abuse • Youth remain in mental health • Increased pro family lifestyle home/reduced time out of • Abstinence from • Increased parenting skills home placement substance abuse . Increased health and safety of • Improved family • Motivated to succeed children functioning • Develop parenting skills • Community involvement and • Reduce delinquent • Connect with family support network behavior resources • Prevent future involvement with • Client access to housing& • Family involved in substance abuse offered services treatment or counseling • Reunification Achieved • Develop • Safe,Staple • substance avoidance skills Housing/Transport • Abstain from substances. • In home dependency • Maintain and deepen • Plan for economic relationship with children security 8 of 12 ATTACHMENT A: JEFFERSON COUNTY MH/CD TREATMENT TAX FUNDING MATCH POLICY Definitions: Match: is a requirement for the grantee to provide contributions of a specified amount or percentage to match funds provided by another grantor. Matching can be in the form of cash or in-kind contributions. Regulations: The specific requirements for matching funds are unique to each federal or state program. The A-102 Common Rule provides criteria for acceptable costs and contributions in regard to match. Jefferson County Policy: In 2005, the Washington State Legislature created an option for counties to raise the local sales tax by 0.1 percent, (the 1/10th of 1% sales tax initiative)to augment state funding for mental health and chemical dependency treatment. Jefferson County collects and distributes the Mental Health/Chemical Dependency(MH/CD)tax through the Mental Health/Substance Abuse Sales Tax Fund 131. Services purchased by the County are allocated from Fund 131 through a formal Request for Proposal (RFP)review and recommendation process through the Jefferson County Mental Health Substance Abuse Fund Advisory Committee, staffed by Jefferson County Public Health, and adopted by the Board of County Commissioners (County). Jefferson County Public Health administers Fund 131 on behalf of the County. The County does not assume any fiscal responsibility/liability for any entity with which they contract for services using an allocation of Fund 131 funds. The County reserves the first right to use as match the chemical dependency mental health tax funds and the services funded by them for purposes of qualifying for additional funding and grants. The County may make available to the Court or its Contractor the chemical dependency mental health tax funds for the Court or its Contractor to propose as match to state, federal or other entities, at the County's sole discretion. The Court or its Contractor shall not use chemical dependency mental health County tax funds for match without prior authorization by the Jefferson County Administrator and County fiscal team. To request authorization of availability of the funds for match, the Court or its Contractor must apply to the County Administrator in writing, and include their match formula and allocation plan and may include other documentation to support their request. The County Administrator will authorize or deny the availability of match funds in writing within 30 days of the application. If the County informs the Court or its Contractor of the availability of chemical dependency mental health County tax funds for match, then the Court or its Contractor shall be solely responsible for compliance with all state and federal laws and regulations, including, but not limited to DSHS, CMS and DBHR funding rules, applicable to the use of MH/CD sales tax monies as match. Following state, federal and local guidelines for match is the responsibility of the Court or its Contractor. • For example, if a Contractor provides Title XIX Medicaid services (the Policy 19.50.02 or 42CFR 430.30)they are required by those rules to actually bill Medicaid for the services at the same time. If no Medicaid billing exists,the match would not comply with state and federal guidelines for match. 9 of 12 Concurrent with its request for authorization of the availability of match,the Court or its Contractor shall document it has met its responsibility to follow state, federal and local guidelines for match by submitting in writing to the County Administrator their match formula, allocation plan, and other documentation made mandatory pursuant to this Agreement and this ATTACHMENT A. At a minimum,the Court or its Contractor shall also provide the following to the County Administrator: 1. DSHS requires contractors to complete and submit a"Local Match Certification" form(DSHS 06-155) or a form that has equivalent data elements prior to any agreement for DSHS services. Submit a copy of this application and form when requesting match availability from the County and at each monthly billing. 2. Submit the current administrative policy within WA State regulating your services and the use of local match. 3. Submit to the County your last financial audit showing your use of match, County funds and tracking systems. 4. Submit to the County the terms of the agreement showing the MH/CD allocation is an allowable source of match. 5. Provide documentation that your financial reporting system tracks matching funds at a level that meets the level of documentation required by federal or state statutes. The County may reject permission for the Court or its Contractor to utilize the MH/CD sales tax monies as match. 10 of 12 ATTACHMENT B: JEFFERSON CO 131 FUNDING SPREADSHEET- FAMILY THERAPEUTIC COURT 2019 $ FAMILY THERAPEUTIC COURT TOTAL AWARD: 10,000.00 Month of Vendor Svc Date Paid Amount Description/Service Total FTC Court YTD Expended $0.00 $ Total FTC Court Remaining 10,000.00 11 of 12 ATTACHMENT B: JEFFERSON CO 131 FUNDING SPREADSHEET- DRUG COURT 2019 DRUG COURT TOTAL AWARD: $40,421.00 Month of Vendor Svc Date Paid Amount Description/Service Total DRUG Court YTD Expended $0.00 Total DRUG Court Remaining $ 40,421.00 12 of 12