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HomeMy WebLinkAbout022221_ca12615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Public Health Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director Anna McEnery, DD & BH County Coordinator DATE: SUBJECT: Agenda Item — a Memorandum of Understanding Agreement to Jefferson County Superior Court; January 1, 2021— December 31, 2022; $100,000.00 STATEMENT OF ISSUE: Jefferson County Public Health, (JCPH); as the fund manager of the 1/10th of 1% Behavioral Health Sales Tax Treatment Funds, is requesting Board approval of a Memorandum of Understanding, (MOU); with the Jefferson County Superior Court; for Drug Court Case Management Services and Family Therapeutic Case Management Services; in the amounts of: January 1, 2021— December 31, 2022; $84,000.00 for Drug Court; ($42,000.00 in 2021 and $42,000.00 in 2022); January 1, 2021 — December 31, 2022; $16,000.00 for Family Therapeutic Court; ($8,000.00 in 2021 and $8,000.00 in 2022) for a total of; $100,000.00. ANALYSIS/STRATEGIC GOALS/PRO'S and CONS: This Memorandum of Understanding, is with the Jefferson County Superior Court; for Drug Court Case Management Services and Family Therapeutic Court Case Management Services; for Jefferson County citizens with behavioral health issues, seeking substance abuse and chemical dependency treatment. This Memorandum of Understanding, results from an RFP process and is recommended by the Behavioral Health Advisory Committee. FISCAL IMPACT/COST BENEFIT ANALYSIS: This is sales tax revenue raised by the County in the 1/10 of 1% Behavioral Health Sales Tax Treatment Fund; and is allocated by the BOCC, with advice from the Behavioral Health Advisory Committee. The Memorandum of Understanding states, if the sales tax revenue decreases; the Court will be contacted and the agreement may be renegotiated. RECOMMENDATION: JCPH management request approval of a Memorandum of Understanding, to the Jefferson County Superior Court; in the amounts of: January 1, 2021— December 31, 2022; $84,000.00 for Drug Court; ($42,000.00 in 2021 and $42,000.00 in 2022); January 1, 2021— December 31, 2022; $16,000.00 for Family Therapeutic Court; ($8,000.00 in 2021 and $8,000.00 in 2022) for a total of; $100,000.00. 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 REVIEWED BY: i h ' orley, Cto ty Administrator Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Date Always working for a safer and healthier community Environmental Public Health 360-385-9444 (f) 360-379-4487 MEMORANDUM OF UNDERSTANDING Between Jefferson County Superior Court and Jefferson County Board of County Commissioners as Administrator of 1/10th of 1% Behavioral Health Sales Tax Fund — 2021-2022 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 1/101h of 1% Behavioral Health Sales Tax; (Fund 131); through Jefferson County Public Health; and WHEREAS, this Memorandum of Understanding describes the mutually -agreed conditions under which 1/loth of 1% Behavioral Health Sales Tax; (Fund 131); 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 Behavioral Health Advisory Committee voted to recommend the 1/1 oth of 1 % Behavioral Health Sales Tax; (Fund 131); be allocated for therapeutic court case management services in 2021-2022 as follows; $100,000 for Drug Court & Family Therapeutic Court case management and services in Jefferson County Superior Court; WHEREAS, the Board of County Commissioners approved a 2021-2022 County Budget that allocates funding from the 1 /1 oth of 1 % Behavioral Health Sales Tax; (Fund 131); the consistent with the Jefferson County Behavioral Health 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, 2021 to December 31, 2022; and WHEREAS, Work performed between January 1, 2021 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified; and WHEREAS, all funds from the 1/1oth of 1% Behavioral Health Sales Tax; (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 retained in the 1/loth of 1 % Behavioral Health Sales Tax; (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, 1/IOth of 1% Behavioral Health Sales Tax; (Fund 131); and to facilitate overall management of the Fund; NOW, THEREFORE, it is mutually agreed that: The County, as administrator of the 1 /1 oth of 1 % Behavioral Health Sales Tax; (Fund 131); Jefferson County Superior Court mutually agrees for the Court to provide case management services and other services to individuals enrolled in Drug Court & Family Therapeutic Court, in Superior 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 and EXHIBIT C: Jefferson County, 1/101" of 1% Behavioral Health Sales Tax; (Fund 131) Spreadsheet attached hereto and incorporated herein. lof14 2. Funding from the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); to the Superior Court Branch for the services pursuant to this MOU shall be up to $50,000 in 2021 and up to $50,000 in 2022; as described in the following Budget Tables; on page two and three; subject to modification pursuant to Section 8 of this MOU. 3. Superior Court will use the 1/loth of 1% Behavioral Health Sales Tax; (Fund 131); for all participants enrolled in in Drug Court and Family Therapeutic Court. Services include case management, court time, administrative duties, drug court team staffing, treatment supervision and client support, (e.g. housing, urine analyses, Court incentives, out of custody assessments, in custody assessments, training, and alternative to jail) for participants; per the following Budget Tables; Description Service Period Amount from Fund 131 FTC Case Management and Other 1/1/2021— Services Budget: 12/31/2021 Case Management $5,000 Transportation $1,000 UA Test Standard $500 Incentives* $500 Housing Vouchers $1,000 Total FTC Budget $8,000 Drug Court Case Management and 1/1/2021— Other Services Budget: 12/31/2021 Case Management $20,000 Housing Reimbursement OlyCAP $3,000 Housing Vouchers $5,000 Incentives* $4,000 Transportation $1,480 UA Test -Standard $2,500 UA Test -Random Weekend $2,500 In Custody drug/alcohol Eval $2,500 Supplies/Materials $1,020 Total Drug Court Budget $42,000 All Superior Court Branch Budgets $50,000 Description Service Period Amount from Fund 131 FTC Case Management and Other 1/1/2022 — Services Budget: 12/31/2022 Case Management $5,000 Transportation $1,000 UA Test Standard $500 Incentives* $500 Housing Vouchers $1,000 2of14 Total FTC Budget $8,000 Drug Court Case Management and 1/l/2022 — Other Services Budget: 12/31/2022 Case Management $20,000 Housing Reimbursement OlyCAP $3,000 Housing Vouchers $5,000 Incentives* $4,000 Transportation $1480 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 $42,000 All Superior Court Branch Budgets $50,000 *Incentives for Family Therapeutic Court and Drug Court include; clothing vouchers from Goodwill and grocery store gift cards 4. Funding approved pursuant to this MOU will be included in the 2021 and 2022 expenditure appropriation budgets of Superior Court. In addition, a quarterly transfer from the 1/loth of 1% Behavioral Health Sales Tax; (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 stated in the Tables on page two and three, 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 the 1/101h of 1% Behavioral Health Sales Tax; (Fund 131); Superior Court will not exceed the amount provided by the 1/101h of 1% Behavioral Health Sales Tax; (Fund 131); without obtaining an appropriation. 5. Funding provided by the 1/loth of 1% Behavioral Health Sales Tax; (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 Budget Table on page two and three are approximations for each line item, and may be shared between the descriptions, with budget updates given to Public Health. 6. Superior Court will use the 1/101h of 1% Behavioral Health Sales Tax; (Fund 131); Spreadsheet; see EXHIBIT C - Jefferson County, 1/loth of 1% Behavioral Health Sales Tax; (Fund 131) Spreadsheet for actual paid monthly expenses that have incurred. 7. Provide monthly financial reports per EXHIBIT C - Jefferson County, 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); Spreadsheet for actual paid monthly expenses that have incurred and email them quarterly to the Auditor's Chief Accountant and to Public Health. 3of14 8. Superior Court and any Contractors it may use to provide Case Management with the 1 / 1 Oth of 1% Behavioral Health Sales Tax; (Fund 131); shall comply with the following: ATTACHMENT A - Jefferson County 1/101h of 1% Behavioral Health Sales Tax Match Policy. a. The County reserves first right to use as match, the Chemical Dependency or Mental Health Treatment Sales and Use Tax, (now known as the 1/loth of 1% Behavioral Health Sales Tax) and the services funded by them for purposes of qualifying for additional funding and grants. The County may allow the Contractor to use the 1/loth of 1% Behavioral Health Sales Tax funds as match, at the County's sole discretion. Should the County decline to use the 1/101h of 1 % Behavioral Health Sales Tax funds as match for additional funding and/or grants, then the County may authorize the Contractor to use such funds for match consistent with this MOU; as required by ATTACHMENT A - Jefferson County 1/101h of 1% Behavioral Health Sales Tax Funding Match Policy. b. Where the Court or its Contractor proposes to use 1/loth of 1% Behavioral Health Sales 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 1/loth of 1% Behavioral Health Sales Tax funds as match. c. 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 1/1011 of 1% Behavioral Health Sales Tax Funding Match Policy. The County may withhold authorization to utilize the 1/101h of 1% Behavioral Health Sales Tax 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. 9. 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. 10. This MOU shall remain in effect from January 1, 2021 until December 31, 2022, 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, EXHIBIT C and ATTACHMENT A shall remain in effect until fulfilled. All work performed in 2021 and 2022 consistent with this MOU prior to its adoption is hereby ratified. DATED this day of 2021. Jefferson County Board of Commissioners Jefferson County Superior Court Kate Dean, Chair Keith Harper, Presiding Judge Attest: Carolyn Gallaway, Clerk of the Board Approved as t Form Only: //e,47/ Philip Hunsucker, Chief Civil Dell6ty Prosecuting Attorney 4of14 EXHIBIT A Scope of Work: Drug Court, Family Therapeutic Court Jefferson County Superior Court agrees to utilize the 1/101h of 1% Behavioral Health Sales Tax; (Fund 131); provided through this MOU to provide the following services and provide tracking reports as follows: 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. 2. Adults charged in Jefferson County for criminal activity whose criminal behavior is related to, or affected by, substance abuse may be eligible to participate in Drug Court and Family Therapeutic Court, which is up to a two-year voluntary program that promotes treatment and accountability. Participants are required to comply with law abiding behavior, participate in recommended treatment, submit to random urinalyses, attend regular court reviews and maintain frequent contact with the Case Manager and Staff. 3. The 1/10t' of 1% Behavioral Health Sales Tax; (Fund 131); provides support needed to operate Drug Court and Family Therapeutic Court which protects public safety while reducing offender risk for future justice involvement and placement in a higher, more restrictive level of care or incarceration. Funds are provided to assist in housing, jail alternatives, in and out of custody assessments, treatment not covered by insurance, as well as the substance use monitoring services of urine analysis (UA) testing and biological alcohol monitoring devices (Sober -Link) to determine compliance with court orders. 5of14 4. 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. 5. Provide at least the following for the Therapeutic Courts; so the Behavioral Health Advisory Committee is able to review usage of allocated funds in order to assure access to appropriate treatments and services: a) Provide monthly financial reports per EXHIBIT C -Jefferson County, 1/1011 of 1 % Behavioral Health Sales Tax; (Fund 131); Spreadsheet for actual paid monthly expenses that have incurred and email them quarterly to the Auditor's Chief Accountant and to Public Health. b) Juvenile Court will provide an estimate of projected expenditures under this MOU for the remainder of the year at the end of October of 2021 and at the end of October 2022 to Public Health. c) Juvenile Court will provide all 2021 invoices to the Auditor's office for processing during the Open Period, (a.k.a. 131h Month, in January); and the final reporting by Jan 20, 2022 and Jan 19, 2023. d) Provide to Jefferson County through Jefferson County Public Health a copy of any service contracts (and all amendments associated therewith) with the 1/1oth of 1% Behavioral Health Sales Tax; (Fund 131); under this MOU. e) 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. f) Jefferson County Superior Court will ensure that quarterly electronic reports for each Therapeutic Court are sent to Amanda Tjemsland of Kitsap County Health District, at: Amanda.Tjemsland(ablichealth.org and that a copy of each electronic report is also sent to Anna McEnery of Jefferson County Public Health at amcenerykco jefferson.wa.us. o Quarterly reports will be reviewed by Public Health and Kitsap County Health District for accuracy. Any questions will be referred back to the Court. 6of14 EXHIBIT B Drug Court and Family Therapeutic Court Logic Model page 1 Inputs Drug Court Team • Judge • Prosecution • Defense • JCSO • Safe Harbor Family Therapeutic Court Team • Judge • Safe Harbor • GAL Program Coordinator • OlyCAP • Children's Administration Drug Court Team • Referral - Defense or Prosecution • Prosecution determines eligibility • Substance abuse significant in criminal history • Client agrees to D.0 requirements Family Therapeutic Court Team • Referred by Ct, parents, atty, dept. • FTC coordinator screens for eligibility Substance abuse a significant factor in dependency action Client agrees to FTC requirements Drug Court Team • Judge accepts client into Drug Ct. • Client evaluation • Client treatment • Client accesses services -housing, GED, mental health • Weekly staffing & reviews to support services & monitor compliance Family Therapeutic Court Team • Judge accepts client into FTC • Compliance/follow program rules • Client treatment • Housing, Basic needs being met • 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. 7of14 EXHIBIT B Drug Court and Family Therapeutic Court Logic Model page 2 Drug Court Team • Participant connected with housing and treatment • Drug avoidance skill development. • Abstinence from substances Family Therapeutic Court Team • Youth remain in home/reduced time out of home placement • Improved family functioning • Reduce delinquent behavior • Client access to housing & offered services • Develop • substance avoidance skills • Abstain from substances. • Maintain and deepen relationship with children Drug Court Team • Increased accountability for behavior; motivation to comply with program; respect for court process • Decrease drug use Family Therapeutic Ct Team • Address physical and mental health • Abstinence from substance abuse • Motivated to succeed • Develop parenting skills • Connect with family resources • Family involved in treatment or counseling • Safe, Staple Housing/Trans port • In home dependency • Plan for economic security Drug Court Team • Criminal Justice System saves money processing cases & jail time. • Increased pro -social indicators • Decreased recidivism Family Therapeutic Court Team • Recovery for substance abuse • Increased pro family lifestyle • Increased parenting skills • Increased health and safety of children • Community involvement and support network • Prevent future involvement with substance abuse • Reunification Achieved 8of14 EXHIBIT C: JEFFERSON CO 1/10th of 1% Behavioral Health Sales Tax; (Fund 131) SPREADSHEET FAMILY THERAPEUTIC COURT-2021 FAMILY THERAPEUTIC COURT TOTAL AWARD: $8,000.00 Month of Vendor Svc Date Paid Amount Description/Service Total FTC Court YTD Expended $0.00 Total FTC Court Remaining $0.00 9of14 EXHIBIT C: JEFFERSON CO 1/101' of 1% Behavioral Health Sales Tax; (Fund 131) SPREADSHEET FAMILY THERAPEUTIC COURT-2022 FAMILY THERAPEUTIC COURT TOTAL AWARD: $8,000.00 Month of Vendor Svc Date Paid Amount Description/Service Ve Total FTC Court YTD Expended $0.00 Total FTC Court Remaining $0.00: 10 of 14 EXHIBIT C: JEFFERSON CO 1/10'h of 1 % Behavioral Health Sales Tax; (Fund 131) SPREADSHEET DRUG COURT-2021 DRUG COURT TOTAL A WARD: $42,000 Month of Vendor Svc Date Paid Amount Description/Service Total DRUG Court YTD Expended $0.00 Total DRUG Court Remaining $0.00 11 of 14 EXHIBIT C: JEFFERSON CO 1/1011 of 1% Behavioral Health Sales Tax; (Fund 131) SPREADSHEET DRUG COURT-2022 DRUG COURT TOTAL AWARD: $42,000 Month of Vendor Svc Date Paid Amount Description/Service Total DRUG Court YTD Expended $0.00' Total DRUG Court Remaining $0.00 12 of 14 ATTACHMENT A JEFFERSON COUNTY 1/10th of 1% BEHAVIORAL HEALTH SALES 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/IOth of 1% sales tax initiative) to augment state funding for behavioral health treatment. Jefferson County collects and distributes the 1/101h of 1% Behavioral Health Sales Tax fund. Services purchased by the County are allocated through a formal Request for Proposal (RFP) process, review and contracting; staffed by Jefferson County Public Health, overseen by Jefferson County Behavioral Health Advisory Committee and adopted by the Board of County Commissioners, (BOCC). BOCC does not assume any fiscal responsibility/liability for any of the Contractors they contract for services with. Jefferson County reserves the first right to use as match the 1/101h of 1% Behavioral Health Sales Tax funds and the services funded by them for purposes of qualifying for additional funding and grants. County may make available to the Contractor the 1/IOth of 1% Behavioral Health Sales Tax funds for the Contractor to propose as match to state, federal or other entities, at the County's sole discretion. Contractor shall not use the 1/101h of 1% Behavioral Health Sales 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, 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 Contractor of the availability of the 1/101h of 1% Behavioral Health Sales Tax funds for match, then the Contractor shall be solely responsible for compliance with all state and federal laws and regulations, including, but not limited to DSHS, CMS and BIRR funding rules, applicable to the use of 1 /l Oth of 1% Behavioral Health Sales Tax funds as match. Following state, federal and local guidelines for match is the responsibility of the Contractor. 13 of 14 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. Concurrent with its request for authorization of the availability of match, 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 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 1/1 Oth of 1% Behavioral Health Sales Tax fund 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 Contractor to utilize the 1/101h of 1% Behavioral Health Sales Tax funding as match. 14 of 14