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County of Los Angeles DEPARTMENT OF CHILDREN AND FAMILY SERVICES 425 Shatto Place -- Los Angeles, California 90020(213) 351-5602 | |
ANITA M. BOCK Director April 30, 2002 |
Board of Supervisors GLORIA MOLINA
YVONNE BRATHWAITE BURKE
ZEV YAROSLAVSKY
DON KNABE
MICHAEL D. ANTONOVICH
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The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
REQUEST TO APPROVE AGREEMENT WITH THE RESEARCH AND
TREATMENT INSTITUTE, INC. FOR THE PROVISION OF GROUP HOME
FOSTER CARE SERVICES
(All Supervisorial Districts) (3 Votes)
JOINT RECOMMENDATION WITH THE CHIEF PROBATION OFFICER THAT YOUR BOARD:
Approve and instruct the Chair to sign the attached Agreement with Research and Treatment Institute, Inc., (RTI) for the provision of group home-foster care services for the Department of Children and Family Services (DCFS) and the Probation Department (Probation) (Attachment A). The term of this Agreement shall be on a month-to-month basis commencing May 1, 2002, or upon Board approval, whichever is later, for a maximum of twelve (12) months, but to extend only through April 30, 2003, at the latest. This Agreement is financed through the DCFS' Assistance Payments Budget by Federal and State revenue and approximately 6% net County cost. There will be no net County cost to the Probation Department. Funding for this Agreement is included in the Department's Fiscal Year 2002-2003 Proposed Budget. RTI will be paid at the Rate Classification Level set by the California Department of Social Services, Community Care Licensing for each child placed in the facility.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The current contract with RTI expires on April 30, 2002. The recommended action to approve a month-to-month Agreement effective May 1, 2002 or the date of Board approval whichever is later will allow DCFS and Probation to continue group home-foster care services with RTI.
DCFS and Probation utilize RTI for the placement of children who are in need of a higher level of care than that which can be provided in family type settings. RTI provides intensive treatment, educational, social and psychological programs, as well as a nurturing environment. RTI is able to provide a high level of supervision due to their higher staff-to-child ratio.
The children placed with RTI are the most seriously disturbed children in the foster care system. These children, due to their emotional instability, are at high-risk of danger to themselves or others. Most of the children placed with RTI have had numerous prior placements with other group homes, foster care facilities, and at MacLaren Children's Center. RTI provides these children with the highest level of care and protection, as well as the long-term stability that is essential to the children's development and well-being.
RTI is classified as a Level 14 service provider (the highest level possible) by California Department of Social Services, Community Care Licensing. RTI is also certified by the County of Los Angeles Mental Health Department.
Implementation of Strategic Plan Goals
The recommended action is consistent with the principles of the Countywide Strategic Plan Goal #1 Service Excellence, Strategy #2 Design Seamless Service Delivery System; and Goal #5 Children and Families' Well-Being, Strategy #1 Coordinate, collaborate and integrate services for children and families across functional and jurisdictional boundaries.
FISCAL IMPACT/FINANCING
This Agreement will be financed through DCFS' Assistance Payments Budget by Federal and State revenue and approximately 6% net County cost. There will be no net County cost to the Probation Department. The FY 2002/2003 Proposed County Budget includes sufficient funding to cover the cost of placements at the RTI facility. RTI will be paid at the Rate Classification Level set by the California Department of Social Services, Community Care Licensing.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
In April 2001, your Board adopted the Group Home-Foster Care Form Agreement currently in effect with numerous service providers, including RTI. These Agreements are for one year, effective May 1, 2001, through April 30, 2002, with two (2) one-year options to renew.
Nevertheless, DCFS and Probation find it in the County's best interest to allow the current Group Home-Foster Care Agreement with RTI to expire on April 30, 2002 and to continue a contractual relationship with RTI on a month-to-month basis because of the following:
1) RTI failed to comply with several program requirements and committed significant billing errors in connection with its contract with the Department of Mental Health (DMH). However, DMH has agreed to continue its relationship with RTI for a probationary period with safeguards in place. Specifically, DMH will contract for limited services pursuant to the terms of a letter of agreement between RTI and DMH dated April 9, 2002 (Attachment B), and a corrective action plan that RTI is currently preparing.
2) DCFS has performed program audits and monitoring and has confirmed that children placed with RTI are receiving appropriate services and care.
3) The children placed with RTI are seriously emotionally disturbed such that finding alternative placements is difficult.
The recommended Agreement facilitates termination of the agreement and the transition of children should it be necessary at any time for the County to terminate its relationship with RTI. RTI has agreed to cooperate fully with transitioning of children should DCFS/Probation choose not to exercise its option to renew.
RTI is in compliance with all Board, Chief Administrative Officer, and County Counsel requirements.
This Board Letter has been reviewed by County Counsel and the CAO. The Agreement has been approved as to form by County Counsel.
CONTRACTING PROCESS
The State of California Health and Human Services Agency, Department of Social Services in a letter dated March 29, 2001 (Attachment C) authorized DCFS to procure group home and foster family agency contracts through negotiations. Accordingly, no solicitation process was conducted for this Agreement.
The Department has evaluated and determined that the Living Wage Program (County Code Chapter 2.201) does not apply to the recommended Agreement.
IMPACT ON CURRENT SERVICES
RTI currently provides treatment, care and protection to 42 seriously disturbed children (currently all boys). The services provided by RTI are essential to the children's development and well-being. Without the recommended Agreement, the children currently placed with RTI will have to be relocated.
CONCLUSION
Upon approval and execution by the Board of Supervisors, it is requested that the Executive Officer-Clerk of the Board send an adopted copy of the Board Letter and Agreement to:
DCFS Contracts Administration
425 Shatto Place, Room 205
Los Angeles, CA 90020
Attention: Theresa Wisda, Interim Contracts Manager
Probation Department
9150 East Imperial Hwy., Room B/82
Downey, CA 90242
Attention: Richard Shumsky, Director
Research and Treatment Institute, Inc.
937 West Foothill Blvd., Suite. D
Claremont, CA 91711-3358
Office of the County Counsel
201 Centre Plaza Drive, Suite 1
Monterey Park, CA 91754
Attention: Kathleen D. Felice, Senior Deputy County Counsel
Respectfully submitted,
_________________________________ _________________________________
ANITA M. BOCK, DIRECTOR RICHARD SHUMSKY
DEPARTMENT OF CHILDREN CHIEF PROBATION OFFICER
AND FAMILY SERVICES PROBATION DEPARTMENT
AMB:rl
Attachment (3)
c: Chief Administrative Officer
County Counsel
Auditor-Controller
GROUP HOME - FOSTER CARE
AGREEMENT
WITH
RESEARCH AND TREATMENT INSTITUTE, INC.
Department of Children and Family Services
Contract Management Services Section
425 Shatto Place, Room 205
Los Angeles, California 90020
AND
Probation Department
Central Placement Office
1605 Eastlake Avenue, Room 510
Los Angeles, California 90033
May 2002
COUNTY OF LOS ANGELES
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
AND PROBATION DEPARTMENT
GROUP HOME - FOSTER CARE AGREEMENT
TABLE OF CONTENTS
Section Page
1.0 APPLICABLE DOCUMENTS 2
2.0 DEFINITIONS 4
3.0 CHANGE NOTICES AND AMENDMENTS 7
4.0 CONTRACTOR'S SERVICES 7
5.0 TERM 8
6.0 PAYMENT 8
7.0 STATE RATE CLASSIFICATION LEVEL (RCL) OVERPAYMENT 10
8.0 USE OF FUNDS 11
9.0 FISCAL RECORDS AND AUDITS 11
10.0 CONTRACT PROGRAM COMPLIANCE AND INVESTIGATIONS 13
11.0 COMPLIANCE WITH DMH CORRECTIVE ACTION PLAN 14
12.0 FINANCIAL REPORTING 14
13.0 SUBCONTRACTING 15
14.0 ASSIGNMENT AND DELEGATION OF RIGHTS 16
15.0 STATE LICENSE 17
16.0 FEES 17
17.0 OTHER SOURCES OF INCOME 17
18.0 PUBLICITY 18
19.0 COMPLIANCE WITH APPLICABLE LAWS 18
20.0 COMPLIANCE WITH CIVIL RIGHTS LAWS 19
21.0 NON-DISCRIMINATION IN EMPLOYMENT 19
22.0 NON-DISCRIMINATION IN SERVICES 20
23.0 TERMINATION OF AGREEMENT BY COUNTY 20
24.0 TERMINATION OF CONVENIENCE BY CONTRACTOR 23
25.0 LIMITATION OF COUNTY'S OBLIGATION DUE TO NON-APPROPRIATION OF FUNDS 23
26.0 NOTICES 23
27.0 CONFLICT OF INTEREST 24
28.0 EMPLOYEE BENEFITS AND TAXES 24
29.0 INDEMNIFICATION 25
30.0 GENERAL INSURANCE REQUIREMENTS 25
31.0 INSURANCE COVERAGE REQUIREMENTS: 27
32.0 INDEPENDENT CONTRACTOR STATUS 28
33.0 CONFIDENTIALITY 28
34.0 COVENANT AGAINST CONTINGENT FEES 28
35.0 SUSPENSION OF INTAKE (DO NOT REFER) 29
36.0 REMOVAL OF PLACED CHILDREN (DO NOT USE) 29
37.0 AUTHORIZATION WARRANTY 29
38.0 EMPLOYMENT ELIGIBILITY VERIFICATION 29
39.0 CRIMINAL CLEARANCES 29
40.0 COUNTY LOBBYIST 30
41.0 CONSIDERATION OF HIRING FORMER COUNTY EMPLOYEES TARGETED FOR LAYOFF 30
42.0 CONSIDERATION OF GREATER AVENUES FOR INDEPENDENCE (GAIN) OR GENERAL RELIEF OPPORTUNITIES FOR WORK (GROW) PARTICIPANTS 30
43.0 FORMER FOSTER YOUTH CONSIDERATION 31
44.0 DISPUTE RESOLUTION 31
45.0 COUNTY RESPONSIBILITY 33
46.0 CHILD SUPPORT COMPLIANCE PROGRAM 35
47.0 CONTRACTOR'S ACKNOWLEDGMENT OF COUNTY'S COMMITMENT TO CHILD SUPPORT ENFORCEMENT. 36
48.0 NOTICE OF DELAYS 36
49.0 USE OF RECYCLED-CONTENT PAPER 36
50.0 PROPRIETARY RIGHTS 36
51.0 FIXED ASSETS 37
52.0 COMMUNITY BUSINESS ENTERPRISE PROGRAM 37
53.0 CLIENT GRIEVANCES 37
54.0 DETERMINATION OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT 37
55.0 NOTICE TO EMPLOYEES REGARDING FEDERAL EARNED INCOME CREDIT 39
56.0 CONTRACT ENFORCEMENT, QUALITY ASSURANCE PLAN, MONITORING, AND REVIEW 39
57.0 INTERPRETATION OF CONTRACT 40EXHIBITS
EXHIBIT A STATEMENT OF WORK
EXHIBIT A-I FOSTER YOUTH BILL OF RIGHTS
EXHIBIT A-II LIC 613 (12/89), PERSONAL RIGHTS - COMMUNITY CARE FACILITIES AND CHILD CARE FACILITIES
EXHIBIT A-III MINIMUM CLOTHING STANDARD
EXHIBIT A-IV SPECIAL INCIDENT REPORTING GUIDE FOR RESIDENTIAL FACILITIES
EXHIBIT A-V REQUIREMENTS FOR MEDICAL/DENTAL EXAMS
FOR PLACED CHILDREN
EXHIBIT A-VI ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO CHILDREN SUPERVISED BY DCFS AND PROBATION DEPARTMENT
EXHIBIT A-VII EMANCIPATION PREPARATION CONTRACT
EXHIBIT A-VIII GROUP HOME PROGRAM STATEMENT GUIDELINES (LIC 9106 AND DCFS AMENDMENT)
EXHIBIT B CONTRACTOR'S PROGRAM STATEMENT
EXHIBIT B-1 BUDGET
EXHIBIT C WELFARE AND INSTITUTIONS CODE 16001.9
EXHIBIT C-1 WELFARE AND INSTITUTIONS CODE 16010
EXHIBIT D DCFS 4389 (4/94), DECLARATION IN SUPPORT OF ACCESS TO JUVENILE RECORDS (WIC 827) INCLUDING ADDITIONAL CONFIDENTIALITY ISSUES
EXHIBIT E DCFS 709 (1/94), FOSTER CHILD'S NEEDS AND CASE PLAN SUMMARY
EXHIBIT F STATEMENT OF DANGEROUS BEHAVIORS
EXHIBIT G PROBATION CASE PLAN FORM (PROB 1385)
EXHIBIT H SOC 154 (12/93), AGENCY - GROUP HOME AGREEMENT
EXHIBIT I AUDITOR-CONTROLLER CONTRACT ACCOUNTING AND ADMINISTRATION HANDBOOK
EXHIBIT J SEMI-ANNUAL EXPENDITURE REPORT
EXHIBIT K AUDITOR-CONTROLLER FISCAL AUDIT PROTOCOLS
EXHIBIT L AUDITOR-CONTROLLER PROGRAM AUDIT PROTOCOL
EXHIBIT M EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
EXHIBIT N HEALTH AND SAFETY CODE 1522
EXHIBIT O COMMUNITY BUSINESS ENTERPRISE PROGRAM CERTIFICATION
EXHIBIT P PAYMENT RESOLUTION NOTIFICATION FORM (COV 71)
EXHIBIT Q NOTICE TO EMPLOYEES REGARDING FEDERAL EARNED INCOME CREDIT (EIC)
EXHIBIT R LETTER AGREEMENT
COUNTY OF LOS ANGELES
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
AND PROBATION DEPARTMENT
GROUP HOME - FOSTER CARE AGREEMENT
(hereinafter referred to as "this Agreement," "the Agreement")
This Agreement is entered into on May 1, 2002, by and between the COUNTY OF LOS ANGELES, hereinafter referred to as "COUNTY", and Research and Treatment Institute, Inc., hereinafter referred to as "CONTRACTOR" OR "RTI".
WITNESSETH
WHEREAS, pursuant to Government Code Sections 26227, 31000, and 53703, COUNTY is permitted to contract for services;
WHEREAS, the COUNTY has the duty to provide care and protection for children placed in its charge pursuant to the provisions of the Welfare and Institutions Code Section 16500 et seq;
WHEREAS, existing COUNTY facilities do not have the capacity nor the specialized programs to provide the care and protection for all children in its charge;
WHEREAS, the COUNTY finds it impractical to develop and maintain facilities to care for all of the children in its charge;
WHEREAS, the CONTRACTOR has the capability to provide the required care and protection to a portion of the children and the CONTRACTOR is willing to render the services;
WHEREAS, pursuant to the provisions of Section 11460 of the Welfare and Institutions Code, the California Department of Social Services (CDSS) is designated to administer a state system for establishing rates in the Aid to Families with Dependent Children - Foster Care (AFDC-FC) program;
WHEREAS, the COUNTY has found that RTI has failed to comply with certain program requirements, or to document adequately and accurately both the provision of care and time, and has committed significant billing errors in connection with its contract with the Department of Mental Health (DMH), dated June 13, 2000 with a current term of July 1, 2001 though June 30, 2002 (the DMH/RTI Agreement). As a result of these findings, DMH is terminating some of its services with RTI and will continue contracting for limited services pursuant to the terms of the letter agreement between RTI and DMH dated April 9, 2002 (Exhibit R) and the actions necessary to implement that letter agreement (Collectively, the "Corrective Action Plan"). Pursuant to the Corrective Action Plan, RTI is replacing some of its personnel and is instituting other administrative changes. Some services provided to children placed by COUNTY under this Agreement are covered by the DMH/RTI Agreement;
WHEREAS, children placed with RTI are seriously emotionally disturbed such that finding alternative placements for these children is difficult. Accordingly, RTI has agreed to cooperate with COUNTY's transition plan for removal of placed children if such plan is presented to RTI. RTI does accept private placements and placements by counties and agencies other than the County of Los Angeles Department of Children and Family Services (DCFS) and Probation Department (Probation); and
WHEREAS, the COUNTY has performed program audits and monitoring to confirm that placed children are receiving appropriate services and care under the previous group home-foster care agreement entered into between COUNTY and RTI, and will continue to audit and monitor services and care. While RTI attempts to meet the requirements of the Corrective Action Plan, COUNTY will also assess RTI's ability to correct identified problems and employ qualified substitute personnel. COUNTY's previous group home-foster care agreement with RTI expired as of April 30, 2002. It was the COUNTY's intent to allow that Agreement to expire without renewal. However, upon the request of RTI and in consideration of RTI's agreement to enter into the Corrective Action Plan with DMH, the COUNTY finds it in its best interest to continue its contractual relationship with RTI, but only on a month-to-month basis and under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto and each of them do agree as follows:
1.1 Exhibits A, A-I through A-VIII, B, B-1, C, C-1, D, E, F, G, H, I, J, K, L, M, N, O, P, Q and R as set forth below, are attached to and form a part of this Agreement. Exhibit I, Auditor-Controller Contracting Accounting and Operating Handbook, as attached hereto, establishes the minimum requirements for contract accounting, internal control, financial reporting and contract administrative review by the COUNTY.
1.2 In the event of any conflict in the definition or interpretation of any word, responsibility, service, schedule or provision between the body of this Agreement and the Exhibits or between Exhibits, said conflict or inconsistency shall be resolved by giving precedence to the body of this Agreement and then to the Exhibits according to the following priority:
Exhibit A Statement of Work
Exhibit A-I Foster Youth Bill of Rights
Exhibit A-II LIC 613 (12/89), Personal Rights - Community Care Facilities and Child Care Facilities
Exhibit A-III Minimum Clothing Standard
Exhibit A-IV Special Incident Reporting Guide for Residential Facilities
Exhibit A-V Requirements for Medical/Dental Exams for Placed Children
Exhibit A-VI Administration of Psychotropic Medication to Children Supervised by DCFS and Probation Department
Exhibit A-VII Emancipation Preparation Contract
Exhibit A-VIII Group Home Program Statement Guidelines (LIC 9106 and DCFS Amendment)
Exhibit B Contractor's Program Statement
Exhibit B-1 Budget
Exhibit C Welfare and Institutions Code 16001.9
Exhibit C-1 Welfare and Institutions Code 16010
Exhibit D DCFS 4389 (4/94), Declaration in Support of Access to Juvenile Records (WIC 827) Including Additional Confidentiality Issues
Exhibit E DCFS 709 (1/94), Foster Child's Needs and Case Plan Summary
Exhibit F Statement of Dangerous Behaviors
Exhibit G Probation Case Plan Form (PROB 1385)
Exhibit H SOC 154 (12/93), Agency - Group Home Agreement
Exhibit I Auditor-Controller Contract Accounting and Operating Handbook
Exhibit J Semi-Annual Expenditure Report
Exhibit K Auditor-Controller Fiscal Audit Protocols
Exhibit L Auditor-Controller Program Audit Protocol
Exhibit M Employee Acknowledgment and Confidentiality Agreement
Exhibit N Health and Safety Code Section 1522
Exhibit O Community Business Enterprise Program Certification
Exhibit P Payment Resolution Notification Form (COV 71)
Exhibit Q Notice to Employees Regarding Federal Earned Income Credit (EIC)
Exhibit R Letter Agreement
1.3 This Agreement, and the Exhibits hereto, constitute the complete and exclusive statement of understanding between the parties which supersedes all previous agreements, written or oral, and all other communications between the parties relating to the subject matter of this Agreement. No addition or alteration of the terms of this Agreement shall be valid unless made in accordance with the provisions set forth in Section 3.0, Change Notices and Amendments, in the body of this Agreement.
The following terms when used in this Agreement shall have the following meanings:
Case Plan: A written document based on an assessment of the circumstances which required child welfare services intervention. It is developed by the COUNTY Worker (CSW/DPO) in partnership with the parent/guardian (whenever possible) and designed to reduce or eliminate the risk factor(s) which precipitated the referral to DCFS or Probation. It identifies a Case Plan goal (the desired outcome), objectives (the desired outcome of the successful completion of specified tasks), tasks/activities (for which a participant is accountable and the completion of which moves toward achievement of a specified Case Plan objective), the specific services to be provided and time frames for completion of the objectives and goal. Case Plan goals include: Family Maintenance, Family Preservation, Reunification and Permanency Planning (Adoption; Legal Guardianship; and long-term Foster Care).
Children's Social Worker (CSW): An employee of DCFS who performs a wide range of professional social services casework for children and their families receiving services from DCFS.
Community: For placement purposes is defined as the area/zip code where the placed child and his/her family were living at the time the child was taken into custody or where the placed child's family is living when the child is placed.
Community Care Licensing (CCL): As used in this Agreement, is the State agency with authority to license community care facilities for adults and children.
COUNTY Worker: For a DCFS-placed child, the COUNTY Worker is a Children's Social Worker (CSW). For a Probation-placed child, the COUNTY Worker is a Deputy Probation Officer (DPO).
Court Appointed Special Advocate (CASA): A court appointed person who advocates the placed child's needs and best interests and provides the court with written recommendations.
Day(s): As used in this Agreement, means calendar day(s) unless otherwise specified.
DCFS: As used in this Agreement, means COUNTY's Department of Children and Family Services.
Deputy Probation Officer (DPO): An employee of the Probation Department who provides direct supervision of children on probation.
"Do Not Refer" Status: As used in this Agreement, means all new referrals to the CONTRACTOR are suspended as further discussed in Section 35.0, Suspension of Intake (Do Not Refer).
"Do Not Use" Status: As used in this Agreement, means all new referrals to the CONTRACTOR are suspended and all placed children are removed from CONTRACTOR's facility(ies) as further discussed in Section 36.0, Removal of Placed Children (Do Not Use).
Emancipation: Successful passage of foster youth to adulthood, including becoming a responsible and contributing member of the community.
Emancipation Planning: Services designed to enable placed youth age 14 years or older to successfully develop competencies in areas that will enhance their passage to adulthood once jurisdiction of case status has terminated.
Fiscal Year(s): As used in this Agreement means COUNTY's Fiscal Year which commences July 1 and ends the following June 30.
Foster Care Hotline: A telephone number that the CONTRACTOR must call under circumstances described in this Agreement or may call to request general information. The Foster Care Hotline is available 24 hours a day, seven days per week. The Foster Care Hotline number is (800) 697-4444.
Independent Living Program (ILP): The program authorized under 42 U.S.C. 677 of the Social Security Act for services and activities to assist/prepare youth age 14 or older to make the transition from out-of-home care to independent living. Youths receiving family reunification and permanent placement services, and those in out-of-home care, including MacLaren Children's Center, are eligible. Youths receiving emergency response and family maintenance services and those in psychiatric hospitals are not eligible for the program. DCFS may also provide ILP services to former foster youths up to age 21. ILP is a major component of emancipation planning.
Minor's Attorney: Counsel appointed by the court for the minor pursuant to Welfare and Institutions Code Section 317.
Needs and Services Plan: A comprehensive, individualized, time-limited, goal oriented plan, developed by CONTRACTOR identifying the specific needs of an individual placed child, including those items specified in Title 22, Division 6, Chapter 8.8, Section 84068.2 and delineates those services necessary in order to meet the placed child's identified needs. The County Worker will provide any and all information available to assist CONTRACTOR in developing this plan.
Placed Child(ren): Any child or children placed by the COUNTY, receiving services from the CONTRACTOR pursuant to this Agreement, hereinafter referred to as a "placed child" or "placed children".
Pool Rate: Rate of interest to be charged as determined by COUNTY's Auditor-Controller.
Program Directors: The Director of the Department of Children and Family Services (DCFS) and the Central/Regional Placement Director of the Probation Department.
Program Managers: DCFS and Probation representatives responsible for daily management of contract operation and overseeing monitoring activities.
Rate Classification Level (RCL): The basis for monthly payment to CONTRACTOR, established by the State of California. The RCL is calculated on the basis of the number of staff hours and the educational level of staff employed who have direct contact with children.
Referral: The point at which the CONTRACTOR receives any documents from the COUNTY Worker with information necessary for the CONTRACTOR to make an assessment of the CONTRACTOR's ability to meet the placement needs of a placed child, such as the pre-placement packet of information.
Service(s): The basic needs the CONTRACTOR agrees to provide for each placed child as outlined in the California Department of Social Services Regulations, Exhibit A, Statement of Work and Exhibit B, CONTRACTOR's Program Statement.
Shall: From a legal standpoint, "shall" means mandatory obligation to fulfill a stated function.
COUNTY reserves the right to change any portion of the work required under this Agreement, or make amendment to such other terms and conditions as may become necessary. Any significant cost impact associated with such an amendment shall be addressed in developing the amendment. A significant cost impact is defined as an incremental cost of $1,200 annually on a cumulative basis. Such revisions shall be accomplished in the following manner:
3.1 Exhibits A-I, A-II, A-IV through A-VIII, Exhibits C through H, P and Q may be changed unilaterally by COUNTY to reflect changes in County, State and Federal law, regulation, and ordinances, court orders, and court rules or in COUNTY policies or procedures, provided that such changes to these exhibits reflecting modifications to COUNTY policies or procedures with significant cost impact on CONTRACTOR must be amended pursuant to Section 3.2. Amendments made pursuant to this Section 3.1 shall be effective upon delivery of a replacement exhibit in accordance with Section 26.0, Notices.
3.2 For any change which does not have a significant cost impact, affect the scope of work, period of performance, payments, or which does not materially alter any term or condition included in this Agreement, or for any change in CONTRACTOR's Program Statement, a change notice shall be prepared by COUNTY, and executed by CONTRACTOR and Program Directors or designee. As used herein, the term "materially alter" is defined as being a change, which, in the sole discretion of COUNTY, warrants execution, by the Board of Supervisors.
3.3 For any change not covered by 3.1 or 3.2, an amendment to this Agreement shall be prepared, by COUNTY, signed by CONTRACTOR, and thereafter submitted to COUNTY's Board of Supervisors for consideration and, if approved, execution.
4.1 CONTRACTOR agrees to provide services for the needs of each placed child as outlined in the California Department of Social Services (CDSS) Manual of Policy and Procedures, Section 11-400 et. seq., California Code of Regulations, Title 22, and Exhibit A - Statement of Work. Such services shall be provided by CONTRACTOR to each placed child in accordance with the CONTRACTOR's Program Statement attached hereto as Exhibit B, and consistent with the RCL at which CONTRACTOR is paid.
4.2 The CONTRACTOR's Program Statement shall be submitted for approval by COUNTY at initiation of this Foster Care Agreement. CONTRACTOR shall submit a revised Program Statement to COUNTY at any time during the term of this Agreement when CONTRACTOR makes changes to the program or to the facility including, but not limited to, Program Statement changes that affect the RCL as defined by WIC 16501.5. CONTRACTOR's performance under this Agreement will be evaluated in part based on CONTRACTOR's Program Statement. Changes to the Program Statement shall be made in accordance with Section 3.0, Change Notices and Amendments.
5.1 The term of this Agreement shall be month-to-month. It shall begin on May 1, 2002, and may be extended by the Director of DCFS and the Chief Probation Officer, in their sole discretion, for up to eleven (11) one-month periods through April 30, 2003, inclusive.
5.2 Given the implication of the health and welfare of the children placed with CONTRACTOR, COUNTY agrees to give thirty (30) to ninety (90) days written notice of an intent not to exercise its option to renew the Agreement, and CONTRACTOR agrees to cooperate fully with COUNTY and COUNTY's plan for transitioning the children placed with CONTRACTOR.
5.3 Notwithstanding any other provision of this Agreement, should COUNTY choose not to exercise its option to renew, CONTRACTOR shall be placed on "Do Not Use" status effective as of the date of COUNTY's written notice of intent not to renew. In such a case, CONTRACTOR shall not be afforded any of the procedures that may otherwise attach to "Do Not Use" under this Agreement.
5.4 If at the time COUNTY chooses not to exercise its option to renew, any process under this Agreement related to any investigation, program audit or COUNTY fiscal audit that is ongoing, shall terminate if COUNTY, in its sole discretion, determines that it is in the COUNTY's best interest to terminate the process.
6.1 COUNTY shall pay CONTRACTOR the monthly RCL rate assigned to CONTRACTOR by the California Department of Social Services, Foster Care Funding and Rates Bureau, for each placed child. County has no obligation to pay for expenditures by CONTRACTOR that exceed CONTRACTOR's RCL Rate.
6.2 CONTRACTOR shall complete and submit vouchers in arrears, for services rendered in the previous month. All vouchers shall be received within five (5) days of the last day of the previous month. Vouchers for DCFS and Probation shall be sent to:
Revenue Enhancement
Vendor Voucher Validation Unit
P.O. Box 2969
Covina, CA 91722-8969
Probation pay vouchers (only those designated by the COUNTY) are to be sent to the Probation Department:
Probation Department
Fiscal Management - Accounting Unit, c/o Court Wards
9150 East Imperial Highway, Room P-73
Downey, California 90242
6.3 Placements lasting less than a full month shall be prorated. Payment shall commence the day the child is placed with the CONTRACTOR and terminate the day before the child is removed. When the CONTRACTOR holds open a bed at the request of the child's COUNTY Worker in anticipation of the child's return, COUNTY shall pay for that bed for the requested number of days up to a maximum of seven (7) days for requests from DCFS and three (3) days for requests from the Probation Department, except as described Section 6.10 below.
6.4 COUNTY shall make every effort to pay the CONTRACTOR the amount due within 15 days after receipt of the voucher or payment authorization date. Retroactive and supplemental increases in payment to CONTRACTOR shall not be bound by the 15-day payment goal. Questions regarding payment should be directed to the Foster Care Hotline at (800) 697-4444.
6.5 CONTRACTOR shall notify the COUNTY within 30 days of the receipt of any payment that they have identified as an underpayment. Notification must be made by completing Exhibit P, Payment Resolution Notification Form (COV 71), and faxing it to (626) 858-9143. COUNTY and CONTRACTOR will attempt to resolve payment discrepancies within 30 days of receipt of the Payment Resolution Notification Form. COUNTY will provide CONTRACTOR with written notice of payment resolutions and shall make every effort to pay CONTRACTOR any underpayment within 30 days of written notice of payment resolution to CONTRACTOR.
6.6 In the event that COUNTY identifies an excess payment made to CONTRACTOR, COUNTY will notify CONTRACTOR of such in writing. Upon receipt of such notice, CONTRACTOR and COUNTY shall attempt to resolve the discrepancy within 30 days. Within 30 days final determination of the amount owed, CONTRACTOR shall return any excess payment to COUNTY or execute an agreement to pay within another mutually agreed upon time frame, with accompanying documentation, to:
Division Chief, Revenue Enhancement
Department of Children and Family Services
800 S. Barranca, 4th Floor
Covina, CA 91723
In the event CONTRACTOR does not return payment, or enter into an agreement for payment within a mutually agreed upon time frame within 30 days of resolution of payment discrepancy, COUNTY may place CONTRACTOR on "Do Not Refer" Status.
6.7 If CONTRACTOR refuses or is unable to repay the amount owed or no longer receives AFDC-FC funds, the COUNTY, at its sole discretion, may collect directly or refer the case to the appropriate COUNTY agency.
6.8 If the issue concerns an excess payment, interest charges may be assessed by the COUNTY pursuant to a court judgment, commencing on the date of such a court judgment, at a rate equal to COUNTY's current Pool Rate, as determined by COUNTY's Auditor-Controller. If the issue is an underpayment, interest charges may be assessed by CONTRACTOR pursuant to a court judgment, commencing on the date of such a court judgment, at the same COUNTY Pool Rate.
6.9 In addition to the requirements in Exhibit A, Statement of Work, Section B, 2.0 Location of Facility and Placed Child, CONTRACTOR shall notify DCFS Foster Care Hotline at (800) 697-4444 for DCFS children, or the Probation Central Placement Unit at (323) 226-8600 for Probation youth, within 24 hours whenever a placed child is moved from one site/home to another site/home within CONTRACTOR's program or leaves the CONTRACTOR's facility or a placed child is moved from one RCL level of care to another RCL level of care within CONTRACTOR's program.
6.10 Should CONTRACTOR, after having a child admitted into a psychiatric or medical hospital, decide not to take the child back, then all foster payments made to CONTRACTOR to keep space available for that child shall be returned immediately to the COUNTY by CONTRACTOR, unless otherwise agreed to by COUNTY and CONTRACTOR.
6.11 The COUNTY may, at its discretion, implement an alternative payment system to replace the current voucher payment system. Any changes to the payment system will be discussed with the CONTRACTOR prior to implementation.
6.12 CONTRACTOR will be required to use unrestricted funds to repay any interest charges assessed by the COUNTY.
7.1 CONTRACTOR agrees that when a sustained overpayment, as described in WIC 11466 et seq. is identified, CONTRACTOR shall repay to the State the amount of the overpayment including interest in accordance with WIC 11466 et seq.
7.2 Failure by the CONTRACTOR to make payments as required in a repayment agreement between the State and the CONTRACTOR for the payment of sustained overpayments may result in placing CONTRACTOR on "Do Not Refer" status by COUNTY until the overpayment has been repaid.
8.1 CONTRACTOR shall use all AFDC-FC funds paid to CONTRACTOR for the benefit of placed children and their families, including aftercare, in order to maintain the highest level possible of quality of life consistent with the AFDC-FC payments received. CONTRACTOR shall expend foster care funds on reasonable and allowable expenditures in providing the necessary care and services, as specified in this Agreement, for children placed by COUNTY.
8.2 Reasonable and allowable expenditures shall be in accordance with the California Department of Social Services Manual of Policy and Procedures, 45 Code Of Federal Regulations Part 74, and the OMB Circular A-122, "Cost Principles for Nonprofit Organizations." In the event of any conflict between State and Federal regulations or between State regulations and County policies in determining the allowability of costs, such conflict or inconsistency shall be resolved by giving precedence to State regulations. Any funds not expended in accordance with the above regulations will be disallowed on audit, requiring repayment by CONTRACTOR, subject to the provisions outlined in Section 44.0, Dispute Resolution. Reasonable funds may be rolled over between fiscal years as a prudent reserve.
9.1 CONTRACTOR shall maintain accurate and complete financial records of all its activities and operations relating to this Agreement which are in accordance with generally accepted accounting principles and which meet the requirements for contract accounting, internal control and financial reporting as identified in Exhibit I, Auditor-Controller Contract Accounting and Operating Handbook. Such records shall include, but not be limited to, accounting ledgers, journals, canceled checks, time cards, personnel records, fringe benefit rate notices, receipts and invoices, payroll tax records, subcontracts, space and equipment lease agreements, and other relevant accounting books, records, worksheets and logs, as appropriate for ensuring CONTRACTOR accountability of Agreement expenditures and program performance.
9.2 All documents identified in Section 9.1 shall be kept and maintained by CONTRACTOR and shall be made available to COUNTY during the term of this Agreement and for a period of five (5) years thereafter, unless COUNTY's written permission is given to dispose of any such material prior to such time. In the event CONTRACTOR does not make available its records within the territorial limits of County of Los Angeles, or a county contiguous thereto if CONTRACTOR's principal place of business is located in a contiguous county, CONTRACTOR agrees to pay all necessary and reasonable transportation and travel expenses incurred by COUNTY in conducting any review at the location where said records are maintained.
9.3 All uses of AFDC-FC funds paid to CONTRACTOR by COUNTY for provision of services under this Agreement are subject to review and/or audit by DCFS, COUNTY's Auditor-Controller or its designee, or the State of California. Any audits conducted by COUNTY's Auditor-Controller will be conducted in accordance with protocols established by COUNTY Auditor-Controller, which shall be substantially similar to protocols set forth in Exhibit K, Auditor-Controller Fiscal Audit Protocol. CONTRACTOR shall, during normal business hours, allow appropriate COUNTY, State and Federal agencies, including CDSS, and COUNTY's Auditor-Controller or its designee, to evaluate, audit, review, inspect, and monitor its accounting books and records of program operations, including the interview of CONTRACTOR's staff, insurance agents, bank personnel, board members, vendors and subcontractors.
9.4 Upon request, CONTRACTOR shall provide COUNTY with copies of records and documents, including placed children's records and personnel records. CONTRACTOR shall be responsible for the cost of providing photocopies to COUNTY. COUNTY agrees to limit requests for copies of records to an as-needed basis only.
9.5 In the event that a fiscal audit is conducted of CONTRACTOR by COUNTY, COUNTY may send a copy of such audit to CDSS for appropriate action. If as a result of a fiscal audit or investigation, the Program Director in his or her sole discretion, determines that a violation of an obligation under this Agreement has occurred or that audit exceptions, determined in accordance with Section 4.0, Contractor's Services, Section 8.2 under Use of Funds and this Section 9.0, Fiscal Records and Audits, exist, COUNTY shall have all available remedies specified in this Agreement. Such remedies shall include placing CONTRACTOR on "DO-NOT-REFER" or "DO-NOT-USE" status.
9.6 CONTRACTOR shall be responsible for having timely annual financial audits and/or reviews in accordance with applicable Federal and State laws and regulations.
9.7 All audits of CONTRACTOR conducted by a Federal or State auditor or by any independent auditor engaged by CONTRACTOR or otherwise, shall be made available upon COUNTY's request. COUNTY shall maintain the confidentiality of such audit records to the extent they are not subject to disclosure under the Public Records Act. Further, COUNTY may disclose all such audit reports to other governmental agencies.
9.8 If the COUNTY conducts a fiscal audit of CONTRACTOR, COUNTY shall offer CONTRACTOR an opportunity to have an exit conference, as set forth in Exhibit K, Auditor-Controller Fiscal Audit Protocols, prior to issuance of the audit report.
9.9 In the event CONTRACTOR disputes any or all fiscal audit findings and recommendations, CONTRACTOR may appeal them pursuant to Section 44.0, Dispute Resolution, of this Agreement.
9.10 Failure on the part of CONTRACTOR to comply with the provisions of this Section 9.0, shall constitute a material breach of this Agreement upon which COUNTY may terminate this Agreement.
10.1 COUNTY may inspect and conduct investigations of CONTRACTOR's program operations and contract compliance without prior notice to CONTRACTOR, seven days a week, 24 hours a day. COUNTY also retains the right to conduct audits to ensure that placed children referred to CONTRACTOR are being provided services in accordance with this Agreement. Program review guidelines and procedures are set forth in Exhibit L, Auditor-Controller Program Audit Protocol.
10.2 Such reviews and/or audits shall encompass all of CONTRACTOR's Program Statement, employee's personnel records (to the extent that such records are not privileged pursuant to the Americans with Disabilities Act), subcontractors' records, and placed children's records related to services provided under this Agreement.
10.3 CONTRACTOR shall maintain and retain records on each placed child as required by CCL regulations, Exhibit A, Statement of Work and Exhibit B, CONTRACTOR's Program Statement. Such records shall include, but not be limited to, placement and termination documents, medical and dental records, placed child's financial records (clothing, allowances, earnings, medical expenses, etc.), diagnostic evaluations and studies, placed child interviews, social worker progress notes (including treatment, school, extracurricular activities at school or in the community, etc.), and notes on services provided by the various professional and paraprofessional staff (treatment, recreation, child care, etc.). The records shall be in sufficient detail to permit an evaluation of services provided. All such documents shall be kept and maintained by CONTRACTOR for the period of time services are rendered to the placed child and for at least three (3) years following termination of services to the placed child.
10.4 In the event the DCFS Program Director or Probation Central/Regional Placement Director determines in his/her sole discretion as a result of a program audit or investigation conducted pursuant to Section 10.0 that a violation of an obligation under this Agreement, or breach of any provision hereof has occurred, COUNTY and CONTRACTOR shall have all of the rights and remedies set forth in this Agreement and available at law or in equity. COUNTY shall give written notice to CONTRACTOR of such violation or breach. If the violation or breach is deemed to be correctable by COUNTY, in its sole discretion, and if COUNTY, in its sole discretion, deems it in COUNTY's best interest to allow CONTRACTOR to attempt correction, COUNTY shall advise CONTRACTOR of the corrective action(s) that shall be taken and the time within which such corrective action(s) shall be taken.
10.5 In the event that COUNTY believes there is any violation or breach of any Title 22 Licensing requirement, COUNTY may refer the violation to the Community Care Licensing Division of the California Department of Social Services for appropriate action, including the imposition of any applicable fines and penalties.
11.0 COMPLIANCE WITH DMH CORRECTIVE ACTION PLAN
11.1 Notwithstanding any other provision under this Agreement, should DMH determine RTI to be out of compliance with the Corrective Action Plan, COUNTY may place CONTRACTOR on Do Not Refer Status for up to sixty (60) days while DCFS evaluates the situation. In such case, CONTRACTOR shall not be afforded any of the procedures that may otherwise attach to "Do Not Refer" under this Agreement.
11.2 CONTRACTOR shall comply with the Corrective Action Plan that it entered into with DMH. Failure of CONTRACTOR to comply with the Corrective Action Plan shall constitute a material breach of this Agreement and may result in termination of this Agreement.
12.1 For each six month period through which this month-to-month Agreement extends, if any, CONTRACTOR shall report semi-annual revenues and expenditures on the Semi-Annual Expenditure Report (Exhibit J), (hereinafter, "Expenditure Report"). CONTRACTOR shall submit such Expenditure Reports to:
DCFS
Quality Assurance Division
425 Shatto Place, Room 502
Los Angeles, CA 90020
Unless CONTRACTOR serves Probation, or Probation-only youth, in which event the expenditure report shall be submitted to:
Probation Department
Central Placement Office
1605 Eastlake Avenue, Room 510
Los Angeles, California 90033
The Expenditure Report shall be submitted no later than 60 days following the last day of the six-month period for which it is due. In the event Expenditure Reports are not received timely by COUNTY, COUNTY shall notify CONTRACTOR in writing that they may be placed on DO NOT REFER status until expenditure reports are received.
12.2 CONTRACTOR shall develop and maintain financial records and shall submit State forms SR 1, 2, 3 and 4 that reflect operating costs for care and supervision of placed children, which are made a part of this Agreement, to CDSS Foster Care Funding and Rates Bureau. Upon request CONTRACTOR shall make available to COUNTY all financial and budget records. CONTRACTOR must on an annual basis maintain and make available State rate setting forms, which are a part of this Agreement.
COUNTY and CONTRACTOR acknowledge and agree that CONTRACTOR may subcontract for provision of social work, therapy and other specific services to be provided to placed children hereunder. Such subcontracting shall be in conformity with the provisions of Section 13.0, as follows:
13.1 All of the provisions of this Agreement and any Amendment(s) hereto shall extend to and be binding upon subcontractors, provided that assignment or delegation of rights under a subcontract by subcontractors shall not require County approval. The CONTRACTOR shall include in all subcontracts the following provision: "This Agreement is a subcontract under the terms of a prime contract with the County of Los Angeles. All representations and warranties contained in this subcontract shall inure to the benefit of the County of Los Angeles."
13.2 CONTRACTOR shall indemnify and hold COUNTY harmless from any and all liability arising or resulting from the use of any subcontractor and its employees in the same manner and to the same extent that CONTRACTOR indemnifies COUNTY from any and all liability arising from or resulting from the actions or omissions of its own employees.
13.3 CONTRACTOR shall obtain the following from each subcontractor before any subcontractor employee may perform any work under any subcontract to this Agreement.
13.3.1 An executed Employee Acknowledgment and Confidentiality Agreement (see Exhibit M), executed by each subcontractor and each of subcontractor's employees approved to perform work hereunder.
13.3.2 Certificates of insurance which establish that the subcontractor maintains all the programs of insurance required by Sections 30.0, General Insurance Requirements, and 31.0, Insurance Coverage Requirements, of this Agreement, and
13.3.3 The Tax Identification Number and/or Social Security Number of the subcontracting agency/individual, to be placed on the signature page of the subcontract. This Tax Identification Number/Social Security Number shall not be identical to the CONTRACTOR's Tax Identification Number.
13.4 CONTRACTOR shall maintain and make available to COUNTY, upon request, copies of all executed subcontracts and documents noted in Sections 13.3.1, 13.3.2 and 13.3.3.
13.5 No subcontract shall alter in any way any legal responsibility of CONTRACTOR to COUNTY. CONTRACTOR shall remain responsible for any and all performance required of it under this Agreement, including, but not limited to, the obligation to properly supervise, coordinate, and perform all work required hereunder.
13.6 Notwithstanding any other provision of this Agreement, the parties do not in any way intend that any person or entity shall acquire any rights as a third party beneficiary of this Agreement.
13.7 CONTRACTOR shall be solely liable and accountable for any and all payments and other compensation to all subcontractors engaged hereunder and their officers, employees, and agents. COUNTY shall have no liability or responsibility whatsoever for any payment or other compensation for any subcontractor or their officers, employees, and agents.
14.1 CONTRACTOR shall not assign its rights or delegate its duties hereunder, either in whole or part, without the prior written consent of both Probation and DCFS Program Director(s). Any attempted assignment and/or delegation without said consent shall constitute default under Section 23.1, Termination for Default, herein and shall be null and void, and subject to waiver by COUNTY. If CONTRACTOR is a corporation, partnership, limited liability company or other entity, then an assignment requiring COUNTY's consent hereunder shall also include 1) any sale, exchange, assignment, divestment or change in members, directors or officers giving majority control of CONTRACTOR to any person(s) or legal entity other than the majority in control of CONTRACTOR at the time of execution of this Agreement; 2) any withdrawal or change of shareholders, members, directors or other persons named on CONTRACTOR's Community Care license application; and 3) any change in the licensee under the CONTRACTOR's Community Care license. Any payments by COUNTY to CONTRACTOR or its assignee, or acceptance of any payments by COUNTY from CONTRACTOR or its assignee on any claim under this Agreement shall not waive or constitute such COUNTY consent.
14.2 Upon assignment and/or delegation, each and all of the provisions, agreements, terms, covenants and conditions herein contained, to be performed by CONTRACTOR, shall be binding upon CONTRACTOR and upon any assignee/delegatee thereof.
14.3 COUNTY's consent may be reasonably withheld if, among other things, the proposed assignee fails to meet the requirements for contracting satisfied by the original CONTRACTOR, and/or the then current County or State contracting requirements for this or similar agreements. COUNTY may require, as a condition to its consent to assignment, that the assignee enter into an agreement utilizing the COUNTY's documentation for this or similar agreements.
14.4 Any payments by COUNTY to any delegatee or assignee on any claim under this Agreement shall reduce dollar for dollar any claims which CONTRACTOR may have against COUNTY and shall be subject to set-off, recoupment, or other reduction for any claims which COUNTY may have against CONTRACTOR, whether under this Agreement or otherwise.
During the term of this Agreement, CONTRACTOR shall have, maintain and post a valid license issued by the California Department of Social Services, Community Care Licensing Division.
CONTRACTOR shall not charge any referred or placed child or his/her family or guardian, or receive any fee or payment from any placed child or his/her family or guardian, for services specifically required to be provided for by CONTRACTOR pursuant to this Agreement.
17.1 CONTRACTOR shall forward any income (e.g., SSI, inheritances, personal injury and victims of crime awards, etc.) received on behalf of a placed child, other than the placed child's personal earnings, to the following address:
DCFS Finance Office
425 Shatto Place, Rm. #204
Los Angeles, California 90020
CONTRACTOR shall work with COUNTY to ensure future income payments are paid directly to the COUNTY by the payor.
17.2 The provisions of this Section do not in any way require the CONTRACTOR to apply revenue, income, private grants or gifts, which are unrestricted, to any cost or expense of CONTRACTOR, which is reimbursable by COUNTY hereunder.
17.3 The provisions of this Section do not supersede State regulations regarding the treatment of revenue, income, private grants or gifts regarding determination of the rate of payment.
18.1 The CONTRACTOR shall not disclose any details in connection with this Agreement to any party, except as may be otherwise provided herein or required by law. However, in recognizing the CONTRACTOR's need to identify its services and related clients to sustain itself, the COUNTY shall not inhibit the CONTRACTOR from publicizing its role under this Agreement within the following conditions:
18.1.1 CONTRACTOR shall develop all publicity material in a professional manner.
18.1.2 During the course of performance of this Agreement, the CONTRACTOR, its employees, agents, and subcontractors shall not publish or disseminate commercial advertisements, press releases, opinions or feature articles, using the name of the COUNTY without the prior written consent of the COUNTY. Said consent shall not be unreasonably withheld, and approval by the COUNTY may be assumed in the event no adverse comments are received in writing two (2) weeks after submittal.
18.1.3 CONTRACTOR may, without prior written permission of COUNTY, indicate in its proposals and sales material that it has been awarded an Agreement to provide services, provided, however, that the requirements of this provision shall apply.
19.1 CONTRACTOR shall conform to and abide by all applicable Municipal, COUNTY, State and Federal laws and regulations, court rules, and ordinances, insofar as the same or any of them are applicable. This includes compliance with mandatory standards and policies relating to energy efficiency in the State energy conservation plan (Title 24, California Administrative Code) and compliance with Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15). Insofar as permits and/or licenses are required for the prescribed services herein, the same must be obtained from the regulatory agency having jurisdiction there over.
19.2 Failure by CONTRACTOR to comply with such laws and regulations, shall be a material breach of this Agreement and may result in termination of this Agreement.
19.3 CONTRACTOR agrees to indemnify and hold COUNTY harmless from any loss, damage or liability resulting from a violation on the part of the CONTRACTOR, its employees, agents or subcontractors of such laws, regulations, rules, policies, standards or ordinances as described in this Section.
19.4 The CONTRACTOR agrees to abide by all applicable federal, state, and local laws, including the Americans with Disabilities Act (ADA) and its requirements to provide reasonable accommodations and auxiliary aids or services, unless compliance with the ADA would place an undue financial burden on, or would fundamentally alter the nature of, the CONTRACTOR'S program.
CONTRACTOR hereby assures that it will comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1973, where applicable, and Title 43, Part 17 of the Code of Federal Regulations Subparts A and B, to the end that no persons shall on the grounds of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap be subjected to discrimination under the privileges and use granted by this Agreement or under any project, program or activity supported by this Agreement.
21.1 CONTRACTOR certifies and agrees that all persons under its employ, its affiliates, subsidiaries, or holding companies, are and will be treated equally by it without regard to or because of race, religion, color, national origin, political affiliation, marital status, sex, age or handicap, in compliance with all applicable Federal and State non-discrimination laws and regulations. This includes compliance with Executive Order 11246 entitled "Equal Employment Opportunity", Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR Part 60).
21.2 CONTRACTOR shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, religion, color, national origin, political affiliation, marital status, sex, age or handicap. Such action shall include but is not limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.
21.3 CONTRACTOR shall deal with its subcontractors, bidders, or vendors without regard to or because of race, religion, color, national origin, political affiliation, marital status, sex, age or handicap.
21.4 CONTRACTOR shall provide access for COUNTY's representatives to inspect CONTRACTOR's employment records during regular business hours in order to verify compliance with the provisions of this Section when so requested by COUNTY.
21.5 If COUNTY finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which COUNTY may determine to terminate this Agreement. COUNTY reserves the right to determine independently whether the non-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Opportunity Commission that CONTRACTOR has violated State or Federal non-discrimination laws or regulations shall constitute a finding by COUNTY that CONTRACTOR has violated the non-discrimination provisions of this Agreement.
21.6 The parties agree that in the event CONTRACTOR violates the non-discrimination provisions of this Agreement, COUNTY shall, at its option, be entitled to a sum of Five Hundred Dollars ($500.00) pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating this Agreement,
In the performance of this Agreement the CONTRACTOR shall not discriminate in the delivery of services as provided in and consistent with the CONTRACTOR's Program Statement, attached hereto as Exhibit B, on the basis of race, religion, color, creed, national origin, sex, sexual orientation, age, condition of physical or mental handicap, marital status or political affiliation. The CONTRACTOR shall comply with the Civil Rights Act of 1964, Government Code Section 11135 and all other applicable laws and regulations, in addition to complying with the CONTRACTOR's CDSS, CCLD license. The CONTRACTOR shall not discriminate based upon race, religion, ancestry, national origin, sex, sexual orientation, age, condition or physical or mental handicap, marital status or political affiliation. COUNTY and CONTRACTOR agree that CONTRACTOR will accept or reject children for placement consistent with CONTRACTOR's Program Statement and in compliance with CONTRACTOR's license. Such determination may not be arbitrary and capricious, unreasonable or discriminatory.
The following provisions set forth those situations in which the COUNTY may terminate this Agreement upon Board of Supervisor's directive
23.1 Termination for Default: COUNTY may terminate the whole or any part of this Agreement if COUNTY determines at its sole discretion that any of the following circumstances exist:
23.1.1 CONTRACTOR fails to perform any material provision of this Agreement;
23.1.2 Determination by the COUNTY, the State Fair Employment Commission, or the Federal Equal Employment Opportunity Commission of discrimination having been practiced by CONTRACTOR in violation of State and/or Federal laws thereon;
23.1.3 Transfer of the controlling interest of CONTRACTOR to any person(s) or entity(ies) other than those in control at the time of the execution of this Agreement or other violation of Section 14.0, Assignment and Delegation of Rights, hereof;
23.1.4 Insolvency of CONTRACTOR as determined by any of the following:
23.1.4.1 CONTRACTOR has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether it has filed for bankruptcy or not, and whether insolvent within the meaning of the Federal Bankruptcy Law or not;
23.1.4.2 The filing of a voluntary petition in bankruptcy;
23.1.4.3 The appointment of a Receiver or Trustee for CONTRACTOR; or
23.1.4.4 The execution by CONTRACTOR of an assignment for the benefit of creditors.
23.1.5 Notice that CONTRACTOR's AFDC-FC Rate will be terminated by the State. Actual termination of the Rate is not required for default pursuant to this provision.
23.1.6 Any termination by COUNTY for default will be in accordance with the terms and conditions of this Agreement.
23.1.7 In the event that COUNTY terminates the Agreement in whole or in part as provided in this Section, COUNTY may recover damages to the extent permitted by applicable law.
23.1.8 CONTRACTOR shall not be liable, if its failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of CONTRACTOR. Such causes may include, but not be limited to: acts of God or of the public enemy, acts of COUNTY in either its sovereign or contractual capacity, acts of Federal or State Governments in their sovereign capacities, fires, floods, epidemics, riots, earthquakes, quarantine restrictions, strikes, freight embargoes and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of CONTRACTOR.
23.1.9 If, after COUNTY has given notice of termination under the provisions of this Section, it is determined by the COUNTY that CONTRACTOR was not in default under the provisions of this Section or that the default was excusable under provisions of this Section, the rights and obligations of the parties shall be the same as if notice of termination had been issued pursuant to Section 23.2, Termination for Convenience.
23.1.10 The remedies reserved the COUNTY herein shall be cumulative and in addition to any other remedies provided in law or equity.
23.2 Termination for Convenience:
23.2.1 This Agreement may be terminated, when such action is deemed by COUNTY to be in its best interest. Termination of this Agreement shall be effected by delivery to CONTRACTOR or a written notice of termination specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than thirty (30) days after the notice is sent unless by mutual consent.
23.2.2 After receipt of a notice of termination, COUNTY shall provide for the removal of placed children in a fashion consistent with the best interest of the children.
23.3 Termination for Improper Consideration:
23.3.1 COUNTY may, by written notice to CONTRACTOR, immediately terminate the right of CONTRACTOR to proceed under this Agreement if it is found that consideration, in any form, was offered or given by CONTRACTOR, either directly or through an intermediary, to any COUNTY officer, employee or agent with the intent of securing the Agreement or securing favorable treatment with respect to the award, amendment or extension of the Agreement or the making of any determinations with respect to the CONTRACTOR's performance pursuant to the Agreement. In the event of such termination, COUNTY shall be entitled to pursue the same remedies against CONTRACTOR as it could pursue in the event of default by the CONTRACTOR.
23.3.2 CONTRACTOR shall immediately report any attempt by a COUNTY officer or employee to solicit such improper consideration. The report shall be made either to the COUNTY Manager charged with the supervision of the employee or to the COUNTY Auditor-Controller's Employee Fraud Hotline at (213) 974-0914 or (800) 544-6861.
23.3.3 Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts.
The Agreement may be terminated when such action is deemed by CONTRACTOR to be in its best interest. Termination of this Agreement shall be effective by the delivery to COUNTY of written notice of termination pursuant to Section 26.0, Notices, specifying the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than 60 days after the notice is sent, unless COUNTY exercises its option to not renew and notices CONTRACTOR, pursuant to Section 26.0, Notices, that the termination will be effective in 30 days. In the event of a breach by COUNTY under this Agreement, CONTRACTOR shall have all remedies available at law.
25.1 COUNTY's obligation is payable only and solely from funds appropriated for the purpose of this Agreement.
25.2 All funds for payment are conditioned upon the Board of Supervisors' appropriation of sufficient funds for this purpose. Payments during subsequent fiscal year periods are dependent upon similar Board of Supervisors' action.
25.3 In the event the COUNTY Board of Supervisors does not allocate sufficient funds for the next succeeding fiscal year to meet the COUNTY's anticipated obligations to providers under contracts, then services may be: (1) terminated in their entirety; or (2) reduced in accordance with available funding as deemed necessary by the COUNTY. COUNTY shall notify CONTRACTOR in writing of any such non-allocation of funds at the earliest possible date.
26.1 All notices shall be given in writing by enclosing the same in a sealed envelope addressed to the intended party and by depositing such envelope with postage prepaid in the United States Post Office or any substation or public letterbox. All notices to COUNTY shall be sent in duplicate addressed to the following:
Anita M. Bock, Director
Department of Children and Family Services
425 Shatto Place
Los Angeles, California 90020
Attention: Assistant Division Chief
Contract Management Services
AND
Probation Department
Central Placement Office
1605 Eastlake Avenue, Room 510
Los Angeles, California 90033
All notices to CONTRACTOR shall be sent to:
Research and Treatment Institute, Inc.
937 West Foothill Blvd., Suite D
Claremont, California 91711
Attention: Chief Executive Officer
OR
Such other place as may hereinafter be designated in writing by the CONTRACTOR.
26.2 All Notices may also be given upon personal delivery to any Program Administrator. Further, it is expressly understood that actual knowledge of an individual CONTRACTOR or of a co-partner, or if the CONTRACTOR is a corporation, of an officer or member of the corporation, or by the managing agent regularly in charge of the work on behalf of ONTRACTOR, shall in any case be sufficient notice.
27.1 No County employee whose position in COUNTY enables such employee to influence the award or administration of this Agreement or any competing Agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by CONTRACTOR herein, or have any other direct or indirect financial interest in this Agreement. No officer or employee of COUNTY who may financially benefit from the provision of services hereunder shall in any way participate in COUNTY's approval, or ongoing evaluation of such services, or in any way attempt to unlawfully influence COUNTY's approval or ongoing evaluation of such services.
27.2 CONTRACTOR shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. CONTRACTOR warrants that it is not now aware of any facts which created a conflict of interest. If CONTRACTOR hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to COUNTY. Full written disclosure shall include, without limitation, identification of all persons implicated, and complete description of all relevant circumstances.
28.1 CONTRACTOR shall be solely responsible for providing to, or on behalf of its employees, all legally required salaries, wages, benefits, or other compensation.
28.2 COUNTY shall have no liability or responsibility for any taxes, including, without limitation, sales, income, employee withholding and/or property taxes which may be imposed in connection with or resulting from this Agreement or CONTRACTOR'S performance hereunder.
CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with CONTRACTOR's acts and/or omissions arising from and/or related to this Agreement.
Without limiting CONTRACTOR's indemnification of COUNTY and during the term of this Agreement, CONTRACTOR shall provide and maintain, and shall require all of its subcontractors to maintain, the programs of insurance specified in this Agreement in Section 31.0, Insurance Coverage Requirements. Such insurance shall be primary to and not contributing with any other insurance or self-insurance programs maintained by COUNTY, and such coverage shall be provided and maintained at CONTRACTOR's own expense.
30.1 Evidence of Insurance: Certificate(s) or other evidence of coverage satisfactory to COUNTY shall be delivered to DCFS Contract Administrator, Theresa Wisda, 425 Shatto Place, Room 205, Los Angeles, CA 90020 prior to commencing services under this Agreement. Such certificates or other evidence shall:
30.1.1 Specifically identify this Agreement.
30.1.2 Clearly evidence all coverages required in this Agreement.
30.1.3 Contain the express condition that COUNTY is to be given written notice by mail at least thirty (30) days in advance of cancellation for all policies evidenced on the certificate of insurance.
30.1.4 Include copies of the additional insured endorsement to the commercial general liability policy (ISO Policy Form CG.00.01 or its equivalent, See Section 31.1, General Liability insurance), adding the County of Los Angeles, its Special Districts, its officials, officers and employees as insureds for all activities arising from this Agreement.
30.1.5 Identify any deductibles or self-insured retentions for COUNTY's approval. The COUNTY retains the right to require CONTRACTOR to reduce or eliminate such deductibles or self-insured retentions as they apply to COUNTY, or, require CONTRACTOR to provide a bond guaranteeing payment of all such retained losses and related costs, including, but not limited to, expenses or fees, or both, related to investigations, claims administrations, and legal defense. Such bond shall be executed by a corporate surety licensed to transact business in the State of California.
30.2 Insurer Financial Ratings: Insurance is to be provided by an insurance company acceptable to the COUNTY with an A.M. Best rating of not less than A:VII, unless otherwise approved by COUNTY.
30.3 Failure to Maintain Coverage: Failure by CONTRACTOR to maintain the required insurance, or to provide evidence of insurance coverage acceptable to COUNTY, shall constitute a material breach of the Contract upon which COUNTY may immediately terminate or suspend this Agreement. COUNTY, at its sole option, may obtain damages from CONTRACTOR resulting from said breach. Alternatively, COUNTY may purchase such required insurance coverage, and without further notice to CONTRACTOR, COUNTY may deduct from sums due to CONTRACTOR any premium costs advanced by COUNTY for such insurance.
30.4 Notification of Incidents, Claims or Suits: CONTRACTOR shall report to COUNTY:
30.4.1 Any accident or incident relating to services performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against CONTRACTOR and/or COUNTY. Such report shall be made in writing within 24 hours of occurrence.
30.4.2 Any third party claim or lawsuit filed against CONTRACTOR arising from or related to services performed by CONTRACTOR under this Agreement.
30.4.3 Any injury to a CONTRACTOR employee which occurs on COUNTY property. This report shall be submitted on a COUNTY "Non-employee Injury Report" to the COUNTY Contract Manager.
30.4.4 Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of COUNTY property, monies or securities entrusted to CONTRACTOR under the terms of this Agreement.
30.5 Compensation for COUNTY Costs: In the event that CONTRACTOR fails to comply with any of the indemnification or insurance requirements of this Agreement, and such failure to comply results in any costs to COUNTY, CONTRACTOR shall pay full compensation for all costs incurred by COUNTY.
30.6 Insurance Coverage Requirements for Subcontractors: CONTRACTOR shall ensure any and all subcontractors performing services under this Agreement meet the insurance requirements of this Agreement by either:
30.6.1 CONTRACTOR providing evidence of insurance covering the activities of subcontractors, or
30.6.2 CONTRACTOR providing evidence submitted by subcontractors evidencing that sub-contractors maintain the required insurance coverage. COUNTY retains the right to obtain copies of evidence of subcontractor insurance coverage at any time.
31.0 INSURANCE COVERAGE REQUIREMENTS
31.1 General Liability insurance (written on ISO policy form CG 00 01 or its equivalent):
31.1.1 General Liability Insurance with limits of not less than the following:
General Aggregate: $3 million
Products/Completed operations Aggregate: $1 million
Personal and Advertising Injury: $1 million
Each Occurrence: $1 million
31.1.2 Additional Insured Coverage: The general liability policy shall name the COUNTY, its Special Districts, its officials, officers and employees, as insureds for all activities arising form this Agreement.
31.2 Automobile Liability insurance (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than one million dollars ($1,000,000) for each accident. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "any auto."
31.3 Workers' Compensation and Employer's Liability insurance providing workers' compensation benefits, as required by the Labor Code of the State of California or by any other state, and for which CONTRACTOR is responsible. If CONTRACTOR's employees will be engaged in maritime employment, coverage shall provide workers' compensation benefits as required by the U.S. Longshore and Harbor Workers' Compensation Act, Jones Act or any other federal law for which CONTRACTOR is responsible.
In all cases, the above insurance also shall include Employers' Liability coverage with limits of not less than the following:
Each Accident: $1 million
Disease - policy limit: $1 million
Disease - each employee: $1 million
31.4 Professional Liability insurance covering liability arising from any error, omission, negligent or wrongful act of the CONTRACTOR, its officers or employees with limits of not less than one million dollars ($1,000,000) per occurrence and Three million dollars ($3,000,000) aggregate. The coverage also shall provide an extended two-year reporting period commencing upon termination or cancellation of this Agreement.
This Agreement is by and between the COUNTY and CONTRACTOR and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association, as between COUNTY and CONTRACTOR. CONTRACTOR understands and agrees that all persons furnishing services to COUNTY pursuant to this Agreement are, for purposes of Workers' Compensation liability, employees solely of CONTRACTOR and not of COUNTY. CONTRACTOR shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with service to COUNTY provided pursuant to this Agreement.
CONTRACTOR shall maintain the confidentiality of all records, including but not limited to COUNTY records and client records in accordance with all applicable federal, state and local laws, regulations, ordinances and directives regarding confidentiality. CONTRACTOR shall inform all of its officers, employees and agents providing services hereunder of the confidentiality provisions of this Agreement. All employees of CONTRACTOR who have access to confidential records and data must sign and adhere to the attached "Employee Acknowledgment and Confidentiality Agreement", Exhibit M. CONTRACTOR shall notify COUNTY of any attempt to obtain confidential records through the legal process.
Notifications are to be forwarded to:
DCFS - Office of Litigation Management
425 Shatto Place, Room 603
Los Angeles, CA 90020
(213) 351-5710
34.1 CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement for either a flat fee, a percentage commission or any other form or remuneration.
34.2 For breach or violation of this covenant, COUNTY shall have the right to terminate this Agreement and/or, at its sole discretion, require the CONTRACTOR to repay any funds converted to such use prior to any payment for past work or performance of any future work.
Notwithstanding any other provision of this Agreement, the COUNTY retains the right to suspend referrals of children to CONTRACTOR at any time at its sole discretion. The decision to suspend referrals will be made by the DCFS Director or Probation Central/Regional Placement Director.
Notwithstanding any other provision of this Agreement, the COUNTY retains the right to remove or cause to be removed any or all placed children from the CONTRACTOR's facility, at its sole discretion, at any time that the COUNTY determines such action is in the best interest of the placed children. The decision to remove placed children will be made by the DCFS Director or Probation Central/Regional Placement Director.
CONTRACTOR represents and warrants that the signatory to this Agreement is fully authorized to obligate CONTRACTOR hereunder and that all corporate acts necessary to the execution of the Agreement have been accomplished.
CONTRACTOR warrants that it fully complies with all Federal statutes and regulations regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in Federal statutes and regulations. CONTRACTOR shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain such documentation of all covered employees for the period prescribed by law. CONTRACTOR shall indemnify, defend, and hold harmless, the COUNTY, its officers and employees from employer sanctions and any other liability which may be assessed against CONTRACTOR or COUNTY in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement.
39.1 For the safety and welfare of children to be served under this Agreement, CONTRACTOR agrees, as permitted by law, to ascertain arrest and conviction records for all current and prospective employees, independent contractor, volunteers or subcontractors who come in contact with placed children in the course of their work, volunteer activity or performance of the subcontract, and shall maintain such records in the file of each such person.
39.2 CONTRACTOR agrees to follow the requirements for criminal clearances found in California Health and Safety Code Section 1522 (see Exhibit N) incorporated herein by reference as though set forth in full. CONTRACTOR shall also perform a Child Abuse Index check for each of its employees.
39.3 CONTRACTOR shall provide constant on-site supervision to staff working directly with children and families until all criminal clearances have been received, in accordance with this Section. COUNTY will assist CONTRACTOR in working with Community Care Licensing to ensure minimum waiting time for clearance.
39.4 CONTRACTOR shall immediately notify COUNTY of any Child Abuse Index check that indicates a name match, any arrest and/or subsequent conviction, other than for minor traffic offenses, of any employee, independent CONTRACTOR, volunteer staff or subcontractor who come in contact with placed children while providing services under this Agreement when such information becomes known to CONTRACTOR.
CONTRACTOR and each COUNTY lobbyist or COUNTY lobbying firm as defined in Los Angeles COUNTY Code Section 2.160.010, retained by CONTRACTOR, shall fully comply with Chapter 2.160. Failure on the part of CONTRACTOR or any COUNTY lobbyist or COUNTY lobbying firm retained by CONTRACTOR to fully comply with the COUNTY Lobbyist Ordinance shall constitute a material breach of this Agreement upon which COUNTY may immediately terminate this Agreement.
41.1 Should CONTRACTOR require additional or replacement personnel after the effective date of this Agreement to perform services set forth herein, CONTRACTOR shall give first consideration for such employment openings to qualified permanent COUNTY employees who are targeted for layoff or qualified former COUNTY employees who are on a re-employment list during the term of this Agreement.
41.2 CONTRACTOR shall notify COUNTY of any new or vacant position(s) within the CONTRACTOR's personnel who perform services set forth herein, by sending via mail or facsimile, a list denoting any position(s) for which hiring is anticipated to:
Department of Human Resources
500 W. Temple St., Room 588
Los Angeles, CA 90012
FAX (213) 680-2450
41.3 CONTRACTOR is exempt from the provisions of this Section if it is a governmental entity.
42.1 Should CONTRACTOR require additional or replacement personnel after the effective date of this Agreement, CONTRACTOR shall give consideration for any such employment openings to participants in the COUNTY's Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet CONTRACTOR's minimum qualifications for the open position. COUNTY will refer GAIN/GROW participants, by job category, to CONTRACTOR.
In the event that both laid-off COUNTY employees and GAIN/GROW participants are available for hiring, COUNTY employees shall be given first priority.
43.1 Should CONTRACTOR require additional or replacement personnel after the effective date of this Agreement, CONTRACTOR shall give consideration (after COUNTY employees, and GAIN participants as described above) for any such position(s) to qualified former foster youth. For this purpose, consideration shall mean that CONTRACTOR will interview qualified candidates. CONTRACTOR shall notify COUNTY of any new or vacant position(s) within CONTRACTOR's firm by sending via mail or facsimile, a list denoting any position(s) for which hiring is anticipated to:
DCFS
Emancipation Services - Job Development Services Section
501 Shatto Place, Room 304
Los Angeles, California 90020
FAX: (213) 738-6514
43.2 Notice sent by CONTRACTOR must indicate the position(s)/title(s) for vacant or new employment opportunity, description of same, requirements/qualifications for position(s), anticipated pay rate or salary schedule, the location where application(s)/request(s) for application(s) may be sent, final date of acceptance for applications and any special circumstances relevant to the hiring procedure for said position(s).
43.3 CONTRACTOR is exempt from the provisions of this Section if it is a governmental entity.
44.1 This Section 44.0, Dispute Resolution, is not applicable to any dispute arising in connection with expiration of this Agreement pursuant to Section 5.0, Term, or the utilization of Do Not Refer Status or Do Not Use Status in connection with the expiration of the term of this Agreement.
44.2 CONTRACTOR and COUNTY agree to act promptly and diligently to mutually resolve disputes, which may arise with respect to this Agreement. All such Disputes shall be subject to the provisions of this Section 44.0.
44.3 CONTRACTOR and COUNTY agree that, the existence and details of a dispute notwithstanding, both parties shall continue without delay their performance hereunder including implementation of corrective action(s), if any, required by COUNTY, except for any performance which COUNTY determines should be delayed as a result of such dispute. COUNTY shall continue to pay sums not in dispute, during any such period of continued performance.
44.4 In the event of any dispute between the parties with respect to this Agreement, CONTRACTOR's Administrator or designee and COUNTY's DCFS Quality Assurance Manager or Revenue Enhancement Payment Manager or Probation's Central Placement Consultant shall resolve such dispute within 30 days from the date of submission of dispute. Disputes shall be submitted in writing in accordance with Section 44.7 and delivered to the appropriate address below:
44.4.1 For payment issues, deliver to the Division Chief, Revenue Enhancement at the address listed in Section 6.6.
44.4.2 For all other issues involving DCFS, deliver to DCFS Quality Assurance Division, at the address listed in Section 12.1.
44.4.3 For all issues involving the Probation Department, deliver to the Probation Department - Central Placement Office at the address listed in Section 12.1.
44.5 In the event that the CONTRACTOR Administrator or designee and DCFS' Quality Assurance Manager or Revenue Enhancement Payment Manager or Probation's Central Placement Consultant are unable to resolve the dispute within a reasonable time not to exceed 30 days from the date of submission of the dispute to them, then the matter shall immediately be submitted to CONTRACTOR's Executive Director or designee and DCFS' Quality Assurance Division Chief or Revenue Enhancement Payment Division Chief or Probation's Central Placement Supervisor for further consideration and discussion to attempt to resolve the dispute.
44.6 In the event that CONTRACTOR's Executive Director or designee and DCFS' Quality Assurance Division Chief or Probation's Central Placement Supervisor are unable to resolve the dispute within a reasonable time not to exceed 30 days from the date of submission of the dispute to them, then the matter shall immediately be submitted to CONTRACTOR's Executive Director and to the Director of DCFS or Probation's Central/Regional Placement Director (for the purposes of this Section 44.5, hereinafter referred to as "County Director") for further consideration and discussion to attempt to resolve the dispute within 15 calendar days from the date of submission of dispute to their level. In the event no agreement is reached, the Director's decision shall stand. CONTRACTOR shall retain all rights to appeal the Director's decision through the filing of a claim pursuant to Los Angeles County Code, Title 4, Chapter 4.04.
44.7 All disputes utilizing this dispute resolution procedure shall at each and every level of escalation be documented in writing by each party and shall state the specifics of each alleged dispute and all actions taken. The parties shall act in good faith to resolve all disputes. At all levels described in this Section 44.0, the efforts to resolve a dispute shall be undertaken by conference between the parties' respective representatives, either orally (by face-to-face meeting or by telephone), or in writing (by exchanging of correspondence).
44.8 Notwithstanding any other provision of this Agreement, COUNTY's right to terminate this Agreement pursuant to Section 23.1, Termination of Agreement for Default, Section 23.2, Termination for Convenience, or any other termination provision hereunder, and COUNTY's right to seek injunctive relief to enforce the provisions of Section 33.0, Confidentiality, shall not be subject to this Section 44.0, Dispute Resolution Procedure.
Except to the extent that the CONTRACTOR's ability to perform is dependent on the COUNTY's performance, CONTRACTOR's covenants and responsibilities under this Agreement shall not be conditional upon COUNTY's performance of the covenants contained in the Section 45.0.
45.1 COUNTY shall provide Community Care Licensing with DCFS Group Home Program Statement Guideline Amendment for distribution to CONTRACTOR. See Exhibit A-VIII.
45.2 COUNTY shall carefully review for approval and acceptance, the CONTRACTOR's Program Statement and any Program Statement Amendments prior to and during the term of the Agreement. In addition, the COUNTY will monitor/audit the CONTRACTOR for compliance with the rules and regulations related to residential care programs for placed children including the Los Angeles COUNTY Group Home Foster Care Agreement.
45.3 CONTRACTOR shall be given reasonable access to appropriate personnel. CONTRACTOR shall be given pertinent documentation, information relevant to providing foster care services in accordance with DCFS/Probation's Policy for confidentiality as currently written and as amended from time to time. CONTRACTOR shall hold all such information in confidence pursuant to the provisions of Section 33.0 in the body of this Agreement and Exhibit D, DCFS 4389 (4/94) (Declaration in Support of Access to Juvenile Records (WIC §827)).
45.4 The COUNTY shall provide CONTRACTOR with all available information about the placed child that can be released with an Exhibit D, DCFS 4389 (4/94), (Declaration In Support Of Access to Juvenile Records (WIC §827)) on file in the case record at the time a referral is being made. The Declaration shall indicate that the CONTRACTOR's request for information is for the purpose of assessing the ability of the CONTRACTOR to meet the placement needs of the placed child and on an ongoing basis to meet the treatment needs of the placed child. This information will include, but not be limited to, medical, mental health, educational and placement history.
45.5 COUNTY shall arrange for the child to visit a potential placement prior to placement, when possible. If the CONTRACTOR, the child's COUNTY Worker and the child agree, the child may be admitted at the time of the pre-placement visit.
45.6 COUNTY Worker shall acknowledge that orientation discussion with child and COUNTY Worker was completed by signing the LIC 613 (Exhibit A-II). The orientation discussion shall include, but not be limited to, CONTRACTOR's house rules, grievance procedures, complaint procedures, etc.
45.7 COUNTY DCFS Worker shall provide CONTRACTOR with a placement packet including the Medi-Cal card and Health and Education Passport for the child at the time of placement. COUNTY Probation Worker shall provide CONTRACTOR with the Medi-Cal card as soon as Probation Worker receives the Medi-Cal card from DCFS. Health and Education Passport shall include a signed "routine medical treatment authorization" form.
45.8 COUNTY shall be responsible for obtaining clothing available to the placed child within two days of placement and, when applicable, issuing supplemental funds, in accordance with COUNTY regulations and limitations, to meet the placed child's needs based on Exhibit A-III, Minimum Clothing Standard. In addition, all emancipating youth shall be assured of four outfits suitable for school or work if his/her wardrobe at the time of emancipation does not include at least four outfits suitable for school or work.
45.9 COUNTY Workers shall work in conjunction with CONTRACTOR to develop the needs and services plan, which shall be consistent with the COUNTY's case plan/case plan update. The case plan/case plan updates shall include, but not be limited to, transitional independent living plan, handling of placed child's earnings, treatment goals and objectives, visitation plan, transportation needs and who is responsible for what. The DCFS Worker shall document the case plan/case plan update information on the DCFS 709, Foster Child's Needs and Case Plan Summary (Exhibit E, original to CONTRACTOR) and SOC 154. Agency - Group Home Agreement (Exhibit H, copy to CONTRACTOR).
45.10 COUNTY Worker shall document information received in verbal and written report(s) from the CONTRACTOR in the placed child's DCFS or Probation case record, prepare a case plan update as needed and incorporate the information in the next court report. The documentation of CONTRACTOR's verbal reports in the DCFS/Probation case record shall include, but not be limited to, who called, the date and a summary/highlights of the conversation indicating the type of verbal report received (monthly, special incident or emergent removal report).
45.11 COUNTY will follow State Division 31 Regulations on visitation of children in placement.
45.12 COUNTY Worker shall obtain parent or Court consent, as needed, for the placed child's medical and mental health treatment or care, participating in recreation activities, participation in school activities, etc.
46.1 CONTRACTOR's Warranty of Adherence to County's Child Support Compliance Program:
46.1.1 CONTRACTOR acknowledges that COUNTY has established a goal of ensuring that all individuals who benefit financially from COUNTY through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers.
46.1.2 As required by County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting CONTRACTOR's duty under this contract to comply with all applicable provisions of law, CONTRACTOR warrants that it is now in compliance and shall during the term of this contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child and Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).
46.2 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program:
46.2.1 Failure of CONTRACTOR to maintain compliance with the requirements set forth in Section 46.0, Child Support Compliance Program, shall constitute a default by CONTRACTOR under this Contract. Without limiting the rights and remedies available to COUNTY under any other provision of this contract, failure to cure such default within ninety (90) days of notice by the Los Angeles County District Attorney shall be grounds upon which the County Board of Supervisors may terminate this contract pursuant to Section 23.1, Termination for Default.
CONTRACTOR acknowledges that COUNTY places a high priority on enforcement of child support laws and the apprehension of child support evaders. CONTRACTOR understands that it is COUNTY's policy to encourage all COUNTY contractors to voluntarily post COUNTY's "L.A.'s Most Wanted Delinquent Parents" poster in a prominent position at CONTRACTOR's place of business. COUNTY's District Attorney will supply CONTRACTOR with the poster to be used.
Except as otherwise provided herein, when either party to this Agreement has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall, within three (3) working days, give written notice thereof, including all relevant information with respect thereto, to the other party.
Consistent with the Board of Supervisor's policy to reduce the amount of solid waste deposited at the County landfills, the CONTRACTOR agrees to use recycled-content paper to the maximum extent possible on the Project.
50.1 COUNTY and CONTRACTOR agree that all software, materials, data and information developed under and/or used in connection with this Agreement shall become the sole property of COUNTY, provided that CONTRACTOR may retain possession of all working papers prepared by CONTRACTOR. During and subsequent to the term of this Agreement, COUNTY shall have the right to inspect any and all such working papers, make copies thereof, and use the working papers and the information contained therein.
50.2 Any materials, data and information not developed under this Agreement, which CONTRACTOR considers to be proprietary and confidential, shall be plainly and prominently marked by CONTRACTOR as "TRADE SECRET," "PROPRIETARY," or "CONFIDENTIAL."
50.3 COUNTY will use reasonable means to ensure that CONTRACTOR's proprietary and confidential materials, data and information are safeguarded and held in confidence. However, COUNTY will notify CONTRACTOR of any Public Records request for items described in Section 50.2. COUNTY agrees not to reproduce or distribute such materials, data and information to non-COUNTY entities without the prior written permission of CONTRACTOR.
50.4 Notwithstanding any other provision of this Agreement, COUNTY shall not be obligated in any way under Section 50.3 for:
50.4.1 Any material, data and information not plainly and prominently marked with restrictive legends as set forth in Section 50.2;
50.4.2 Any materials, data and information covered under Section 50.1; and
50.4.3 Any disclosure of any materials, data and information which COUNTY is required to make under the California Public Records Act or otherwise by law.
50.5 CONTRACTOR shall protect the security of and keep confidential all materials, data and information received or produced under this Agreement. Further, CONTRACTOR shall use whatever security measures are necessary to protect all such materials, data and information from loss or damage by any cause, including, but not limited to, fire and theft.
50.6 CONTRACTOR shall not disclose to any party any information identifying, characterizing or relating to any risk, threat, vulnerability, weakness or problem regarding data security in COUNTY's computer systems or to any safeguard, countermeasure, contingency plan, policy or procedure for data security contemplated or implemented by COUNTY, without COUNTY's prior written consent.
50.7 The provisions of Sections 50.4, 50.5, and 50.6 shall survive the expiration or termination of this Agreement.
Title to all fixed assets purchased with COUNTY funds designated by the COUNTY for that purpose under this Agreement shall remain with COUNTY. A "Fixed Asset" is defined hereunder as any equipment costing Five hundred dollars ($500.00) or more, with a useful life of more than two (2) years. Such assets shall be maintained and repaired by CONTRACTOR during the term of this Agreement. CONTRACTOR shall provide an accounting of such assets at the termination or expiration of this Agreement and shall deliver same to COUNTY upon COUNTY's written request. CONTRACTOR shall have the option upon the expiration or termination of the Agreement to acquire such assets at a price to be mutually agreed upon by COUNTY and CONTRACTOR.
In accordance with COUNTY policy, CONTRACTOR has submitted a true and correct copy of Certification Application attached as Exhibit O.
CONTRACTOR shall establish a written procedure to resolve client grievances. The grievance procedures shall be outlined in CONTRACTOR's Program Statement.
54.1 Contractor Responsibility and Debarment
54.1.1 A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the COUNTY's policy to conduct business only with responsible Contractors.
54.1.2 The CONTRACTOR is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the COUNTY acquires information concerning the performance of the CONTRACTOR on this or other contracts which indicates that the CONTRACTOR is not responsible, the COUNTY may, in addition to other remedies provided in the Contract, debar the CONTRACTOR from bidding on COUNTY contracts for a specified period of time not to exceed three years, and terminate any or all existing contracts the CONTRACTOR may have with the COUNTY.
54.1.3 The COUNTY may debar the CONTRACTOR if the Board of Supervisors finds, in its discretion, that the CONTRACTOR has done any of the following: (1) violated any term of a contract with the COUNTY; (2) committed any act or omission which negatively reflects on the CONTRACTOR's quality, fitness or capacity to perform a contract with the COUNTY or any other public entity, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or offense which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against the COUNTY or any other public entity.
54.1.4 If there is evidence that the CONTRACTOR may be subject to debarment, the Department will notify the CONTRACTOR in writing of the evidence which is the basis for the proposed debarment and will advise the CONTRACTOR of the scheduled date for a debarment hearing before the Contractor Hearing Board.
54.1.5 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR and/or the CONTRACTOR's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR should be debarred, and, if so, the appropriate length of time of the debarment. If the CONTRACTOR fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the CONTRACTOR may be deemed to have waived all rights of appeal.
54.1.6 A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board.
54.1.7 These terms shall also apply to subcontractors of COUNTY contractors.
CONTRACTOR shall notify its employees and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Services Notice 1015 (Exhibit Q).
56.1 The Program Directors shall be responsible for the enforcement of this Agreement on behalf of COUNTY and shall be assisted therein by those officers and employees of COUNTY having duties in connection with the administration thereof. Program Directors hereby reserve the right to assign such personnel as are needed to serve as Program Managers in order to inspect and review CONTRACTOR's performance of and compliance with all contractual services, duties, obligations, responsibilities, administrative procedures and staffing as set forth in this Agreement.
56.2 CONTRACTOR hereby agrees to cooperate with the Program Directors, Program Managers, and any duly authorized State or Federal government representative, in the review and monitoring of CONTRACTOR's program, records and procedures at any reasonable time.
56.3 The COUNTY or its agent will evaluate CONTRACTOR's performance under this Agreement on a monthly basis. Such evaluation will include assessing CONTRACTOR's compliance with all contract terms and performance standards. CONTRACTOR deficiencies which COUNTY determines are severe or continuing and that may place performance of the Agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the COUNTY and CONTRACTOR. If improvement does not occur consistent with the corrective action measure, COUNTY may terminate this Agreement or impose other penalties as specified in this Agreement including placing CONTRACTOR on a "Do Not Refer" or "Do Not Use" status.
56.4 At the request of COUNTY, CONTRACTOR, or its appropriate representative, shall attend meetings and/or training sessions, as determined by COUNTY.
56.5 For each six month period through which this month-to-month Agreement extends, if any, CONTRACTOR shall prepare and submit to County's Program Manager a written semi-annual report describing the services provided throughout that six month period. The CONTRACTOR's semi-annual report shall include, but not be limited to:
56.5.1 Description of services and/or deliverables rendered during the period; dollar amount of services rendered during the period; dollar balance remaining under the Agreement; and any difficulties encountered that could jeopardize the completion of the project or milestones or deliverables within the schedule.
57.1 Validity
The invalidity, unenforceability, or illegality of any provision of this Agreement shall not render the other provisions thereof invalid, unenforceable, or illegal.
57.2 Governing Laws, Jurisdiction and Venue
This Agreement shall be construed in accordance with and governed by the laws of the State of California. CONTRACTOR agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles, California.
57.3 Waiver
Any waiver by COUNTY of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of COUNTY to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping COUNTY from enforcing the full provisions thereof.
Captions and Section headings used in this Agreement are for convenience only and are not a part of this Agreement and shall not be used in construing this Agreement.
COUNTY OF LOS ANGELES
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
AND PROBATION DEPARTMENT
GROUP HOME - FOSTER CARE AGREEMENT
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by its Chair and the seal of such Board to be hereto affixed and attested by the Executive Office thereof, and CONTRACTOR has caused this Agreement to be subscribed in its behalf by its duly authorized officer on the day, month and year first above written. The persons signing on behalf of the CONTRACTOR warrant under penalty of perjury that he or she is authorized to bind the CONTRACTOR.
COUNTY OF LOS ANGELES
By
Chair, Board of Supervisors
ATTEST:
VIOLET VARONA-LUKENS
Executive Officer-Clerk of the
Los Angeles County
Board of Supervisors
By Research and Treatment Institute, Inc.
By
NAME
TITLE
By
NAME
TITLE
95-4335986
TAX IDENTIFICATION NUMBER
APPROVED AS TO FORM
BY THE OFFICE OF THE COUNTY COUNSEL
LLOYD W. PELLMAN, COUNTY COUNSEL
By: _________________________________
Senior Deputy County Counsel
Exhibit A
COUNTY OF LOS ANGELES
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
AND PROBATION DEPARTMENTGROUP HOME - FOSTER CARE AGREEMENT
WITH
RESEARCH AND TREATMENT INSTITUTE, INC.
STATEMENT OF WORK
MAY 2002
COUNTY OF LOS ANGELES
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
AND PROBATION DEPARTMENT
GROUP HOME - FOSTER CARE AGREEMENT
WITH
RESEARCH AND TREATMENT INSTITUTE, INC.
STATEMENT OF WORK
TABLE OF CONTENTS
SECTION PAGE
A. GENERAL REQUIREMENTS AND DESCRIPTION 1
B. CONTRACTOR'S RESPONSIBILITIES 2
1.0 PROGRAM STATEMENT 2
2.0 LOCATION OF FACILITY AND PLACED CHILDREN 3
3.0 PLANNED ACTIVITIES 4
4.0 EDUCATION AND EDUCATIONAL PASSPORT 5
5.0 INDEPENDENT LIVING PROGRAM/EMANCIPATION PLANNING 8
6.0 MEDICAL, DENTAL AND PSYCHIATRIC CARE 10
7.0 TRANSPORTATION 15
8.0 INTAKE AND DISCHARGE 16
9.0 CHILDREN'S RECORDS 17
10.0 NEEDS AND SERVICES PLAN 18
11.0 PSYCHOSOCIAL SUPPORT/PSYCHOLOGICAL CARE 20
12.0 QUALITY OF LIFE 20
13.0 LEGAL PERMANENCY 21
14.0 WRITTEN REPORTS 22
15.0 ORAL REPORTS/TELEPHONE CONTACT 24
16.0 RESIDENT CARE DAYS 24
17.0 VISITATION PLAN 25
18.0 PLACEMENT AND ORIENTATION 25
19.0 ALLOWANCE AND BANK ACCOUNTS 26
20.0 CHORES 27
21.0 FOOD 28
22.0 CLOTHING 28
23.0 PERSONAL NEEDS 31
24.0 SUPERVISION 31
25.0 STAFFING 32
26.0 HOUSING AND LIVING ENVIRONMENT 33
27.0 HEALTH AND SAFETY 33
COUNTY OF LOS ANGELES COUNTY
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
AND PROBATION DEPARTMENT
GROUP HOME - FOSTER CARE AGREEMENT
WITH
RESEARCH AND TREATMENT INSTITUTE, INC.
STATEMENT OF WORK
This Section provides the general requirements that the CONTRACTOR shall meet, including specific responsibilities specified herein, for the Group Home - Foster Care Agreement (Agreement). Terms used in this Statement of Work shall have the same meaning given in the Agreement.
1.0 INTRODUCTION
The Board of Supervisors, through the Agreement, gives authorization for the placement of Probation wards and Dependent minors. Specific responsibility for the care, custody, control and conduct of each Ward is given to the Probation Department (Probation) and of each Dependent is given to DCFS by the Superior Court.
2.0 CONTRACTOR'S MANAGEMENT REQUIREMENTS
2.1 CONTRACTOR shall maintain contact with COUNTY as necessary to comply with this Agreement. Such contact shall be the responsibility of CONTRACTOR's Project Manager, or his/her designee.
2.2 CONTRACTOR shall provide information to support development and implementation of foster care resources as requested by COUNTY Program Manager.
2.3 CONTRACTOR shall notify COUNTY Program Manager in writing of any planned changes or absences that would result in CONTRACTOR or CONTRACTOR's designated representative not being available to COUNTY.
2.4 CONTRACTOR is not authorized to conduct negotiations under this Agreement on behalf of COUNTY and/or the Department of Probation and DCFS.
2.5 CONTRACTOR shall conduct business as necessary to accomplish CONTRACTOR's responsibilities pursuant to this Agreement including all exhibits and attachments. CONTRACTOR may not implement restrictions on the California Youth Connection Foster Youth Bill of Rights (Exhibit A-I) prior to obtaining written approval from COUNTY. Further, CONTRACTOR shall not infringe upon any of the rights of children in out-of-home placement specified in Sections 16001.9 of the Welfare and Institutions Code as delineated in Exhibit C.
2.6 Overall coordination and implementation between CONTRACTOR and COUNTY shall be through COUNTY Program Manager.
3.0 MANAGEMENT ORGANIZATION
COUNTY has designated Program Managers to administer this Agreement, monitor CONTRACTOR's activities and provide technical assistance to ensure that CONTRACTOR meets or exceeds the Agreement requirements. The COUNTY'S Program Managers oversee the activities of the CONTRACTOR.
3.1 COUNTY's Management Organization
For the term of this Agreement the COUNTY'S Program Managers shall be:
Department of Children and Family Services,
Division Chief, Out-of-Home-Care Programs
Or his/her designated representative
and
Probation Placement Director
Central Placement Unit
Or his/her designated representative
3.2 CONTRACTOR's Management Organization
For the term of this Agreement the CONTRACTOR's Project Manager shall be the CONTRACTOR's foster care program administrator.
1.0 PROGRAM STATEMENT
The CONTRACTOR shall adhere to the detailed Program Statement and any amendments thereto, submitted by the CONTRACTOR and approved by COUNTY.
1.1 The CONTRACTOR may, during the term of the Agreement, provide to the COUNTY Program Statement Amendments that reflects any changes in the CONTRACTOR's program. Such Amendments shall be submitted to COUNTY Program Manager or designee for approval and, if accepted, shall be incorporated by Change Notice in accordance with Section 3.0 of the Agreement.
CONTRACTOR understands that the COUNTY shall possess the CONTRACTOR's current Program Statement as part of this Agreement.
1.2 The COUNTY may, during the term of this Agreement, request that CONTRACTOR make revisions to Program Statement by notifying the CONTRACTOR in writing. COUNTY shall review such Program Statement revisions for approval and once accepted by COUNTY, CONTRACTOR's revised Program Statement shall be incorporated by Change Notice in accordance with Section 3.0 of the Agreement.
1.3 Group Home License(s)
1.3.1 CONTRACTOR shall maintain a California Department of Social Services (CDSS), Community Care Licensing (CCL), Group Home (GH) License(s) throughout the term of this Agreement and a copy of the current license shall be included in the Program Statement.
1.3.2 If planning to expand or reduce the licensed capacity, add additional sites, or change the age range of placed children served during the term of this Agreement, CONTRACTOR shall contact the appropriate COUNTY Program Manager for consultation prior to contacting CDSS-CCL.
1.4 The CONTRACTOR shall maintain a Foster Care Funding and Rates Bureau group home rate throughout the term of this Agreement, and a copy of the current rate letter shall be included in the Program Statement.
2.0 LOCATION OF FACILITY AND PLACED CHILDREN
2.1 CONTRACTOR agrees that it shall provide services pursuant to this Agreement only at those sites or homes that are listed in CONTRACTOR's Program Statement (Exhibit B). In the event a child is moved from one site or home to another site or home within CONTRACTOR's program, CONTRACTOR shall do so only after contacting the COUNTY Worker and receiving prior authorization. CONTRACTOR shall document contact and request written/faxed confirmation from the COUNTY Worker. To the extent that prior authorization is not documented by CONTRACTOR, CONTRACTOR is at risk of non-payment of such placement.
2.2 In the event of an emergency, CONTRACTOR may move a placed child without prior authorization from the child's COUNTY Worker. An emergency is defined as any situation that threatens the health or safety of the child or others in the home/site. CONTRACTOR shall notify child's COUNTY Worker of the move as soon as possible but no later than 24 hours after such move. CONTRACTOR shall discuss the situation with the placed child's COUNTY Worker. CONTRACTOR shall document the conversation in the child's record and comply with COUNTY Worker's decision regarding child's placement status.
2.3 The COUNTY shall not unreasonably withhold or delay authorization for CONTRACTOR to move a child from one site or home to another.
3.0 PLANNED ACTIVITIES
CONTRACTOR shall provide age-appropriate planned activities as outlined in Division 6, Chapter 5, Section 84079 of Title 22 and encourage participation of every placed child.
3.1 Planned Activities Schedule
In addition to the requirements of Section B.4.3.2, CONTRACTOR shall develop and post a schedule of specific planned recreational and educational activities for residents. Planned activities shall include indoor and outdoor activities, field trips, and outings. A planned activities schedule will provide for a balance of activities on weekdays and weekends.
3.2 Free Time Activities
CONTRACTOR shall provide equipment and supplies for daily free time activities such as reading material, games, radio, etc., appropriate to the placed child's age and development. CONTRACTOR shall allow placed children to participate in self-chosen activities if they are appropriate.
3.3 Childhood Memories
CONTRACTOR shall encourage and assist each placed child in creating and updating a life book/photo album. The life book/photo album shall consist of, but not be limited to photographs and other items that relate to childhood memories. CONTRACTOR shall encourage and assist each placed child in updating his/her life book.
CONTRACTOR shall ensure that the placed child's life book is passed on to next provider at the same time as the Health and Education Passport.
4.0 EDUCATION AND EDUCATIONAL PASSPORT
4.1 Evaluation of Child's Educational Needs
CONTRACTOR shall communicate with and work with the school/school district to determine and meet the placed child's educational program needs. CONTRACTOR shall work with the school to determine and meet the placed child's educational program needs in accordance with the needs and services plan and court order(s).
4.2 Provision of Educational Services
CONTRACTOR shall communicate with and work with the school in meeting the educational needs of the placed child. This includes identification of a specific staff person to represent each placed child at Individual Education Plan meetings, parent-teacher conferences, open houses, or any other pertinent activity in accordance with the needs and services plan. CONTRACTOR shall encourage and assist the placed child to participate in school activities.
CONTRACTOR shall document all the above-mentioned activities in the child's case record.
4.3 Daily Homework/Cognitive Developmental Stimulation
4.3.1 CONTRACTOR shall assist the placed child to understand and complete his/her homework.
4.3.2 CONTRACTOR shall also ensure that the placed child engages in other sorts of age-appropriate cognitive developmental intellectual stimulation for an average of two hours per day, on a weekly basis in accordance with the child's needs and services plan. Cognitive developmental intellectual stimulation involves activities that focus on areas of the placed child's assessed educational needs, strengths and areas of interest. This may include a job, computer access time, tutoring, visits to the library or museums, reading, arts, crafts, music, drama, coordination activities, attendance at resident council meetings, and other extra curricular activities.
This requirement may be modified for developmentally disabled placed children according to the needs and services plan approved by the COUNTY Worker.
4.3.3 CONTRACTOR shall facilitate tutoring, as necessary, to improve a placed child's basic skills in the areas needed.
4.3.4 CONTRACTOR shall have a schedule that indicates time allotted for daily homework cognitive developmental stimulation.
4.3.5 CONTRACTOR shall provide computer access time to all placed children on-site or through community resources.
4.4 Partnerships with Teachers
CONTRACTOR shall work with placed child's teachers and academic counselor to monitor educational progress, attendance, development, educational level, behavior assessment of strengths and weaknesses, and the overall academic achievement.
CONTRACTOR shall solicit recommendations from the teacher and provide activities that will promote the placed child's progress and intellectual development. CONTRACTOR shall report tutoring needs to the COUNTY Worker.
4.4.1 CONTRACTOR shall make diligent efforts to enroll each placed child in school within three (3) days of placement. Such efforts shall be documented and reported to the COUNTY Worker if the placed child is not enrolled in school after this time.
CONTRACTOR shall report if the placed child's attendance is not regular.
4.4.2 CONTRACTOR shall document and report any contacts initiated by school officials to CONTRACTOR, to the COUNTY Worker regarding the following issues:
4.4.2.1 Child's attendance.
4.4.2.2 Scholastic issues affecting the placed child, Including the need for special/remedial programs.
4.4.2.3 Child's behavior.
4.4.2.4 Child's health.
4.4.2.5 Suspension or discipline of the placed child.
4.4.2.6 Academic credits.
4.4.2.7 Strengths of the placed child.
4.5 Health and Education Passport
COUNTY Worker shall provide CONTRACTOR with the placed child's Health and Education Passport at the time of placement. This passport consists of: (1) instructions on page 1; (2) medical and dental information in Section 1; (3) educational information in Section 2; and (4) placement documentation in Section 3.
CONTRACTOR shall maintain the placed child's Health and Education Passport, by updating per the instructions on page 1 the relevant educational information regarding: (1) the education providers' names and addresses; (2) the child's grade level performance; (3) attendance; (4) school record; (5) where applicable, IEP and/or special education services provided; and (6) any other relevant education information.
CONTRACTOR shall provide the updated passport to the COUNTY Worker at the time the placed child departs from the CONTRACTOR's program or provide passport within two (2) days to COUNTY or COUNTY Worker if COUNTY Worker is not present at the time of placed child's departure. (See Welfare and Institutions Code, Section 16010, Exhibit C-1.)
4.6 Acceptance of Children Based on Education Setting
CONTRACTOR shall work with the appropriate public school district in order to determine the most appropriate and least restrictive educational setting for each placed child. CONTRACTOR shall not base acceptance of a child for placement solely on his/her qualification for non-public school. A placed child attending a non-public school shall not be precluded by the CONTRACTOR from participating in extra-curricular activities at a public school.
4.7 Education Related Activities
CONTRACTOR shall ensure that each placed child receives school photos and uniforms, when appropriate, and the appropriate clothing and other necessary items to attend his/her prom(s) and graduation(s).
5.0 INDEPENDENT LIVING PROGRAM/EMANCIPATION PLANNING
The requirements for independent living and emancipation planning are outlined below. These requirements may be modified for physically and developmentally disabled youth or youth mentally unable to benefit from a Transitional Independent Living Plan (TILP) in accordance with the needs and services plan approved by the COUNTY Worker.
5.1 CONTRACTOR shall include a detailed description of the emancipation planning services provided in the CONTACTOR's Program Statement.
5.2 CONTRACTOR shall participate with COUNTY Worker in the development of a TILP for each youth 14 years or older and shall have a copy of the TILP on file.
5.3 CONTRACTOR shall assist youth in the completion of the DCFS 5205B, "Emancipation Preparation Contract," every six month period over which this month-to-month Agreement extends, if any, or more frequently as needed. (See Exhibit A-VII of the Agreement.)
5.4 CONTRACTOR shall require that youth age 14 and older attend workshops or classes related to emancipation skills including the Early Start to Emancipation Preparation program (ESTEP) for 14-15 year olds if that is part of the TILP.
5.5 CONTRACTOR shall assist COUNTY Worker with information to complete the DCFS 414, "Assessment/Referral on Youth for Independent Living Program."
5.6 CONTRACTOR shall work in conjunction with the COUNTY Worker to implement the TILP such as arranging for specific services, job preparedness, life skills, training classes, etc.
5.7 CONTRACTOR shall identify and assist the youth to become knowledgeable about those resources necessary to meet the youth's emancipation goals such as vocational training programs and other emancipation-related programs. CONTRACTOR shall assist youth in the implementation of his/her section of the needs and services plan.
5.8 CONTRACTOR shall develop specific on-site emancipation programs in addition to linkages with other public/private transitional opportunities. CONTRACTOR shall develop and implement a plan that provides opportunities for all placed youth to learn how to: (1) plan, shop for, and prepare balanced meals; (2) purchase, clean, mend and store appropriate clothing; (3) clean house; (4) use public transportation; and (5) apply for and obtain jobs. This plan should also include opportunities to learn basic survival skills and interpersonal and social skills in accordance with the developmental expectations of the placed youth.
5.9 CONTRACTOR shall refer youth able to participate in the mainstream ILP classes to the DCFS ILP program. CONTRACTOR shall develop and/or facilitate the provision of ILP-equivalent services for youth unable to participate in mainstream ILP classes.
5.10 CONTRACTOR shall facilitate childcare network/support system (for youth with children) to enable youth to participate in employment or ILP experiences.
5.11 CONTRACTOR shall arrange transportation to all emancipation readiness activities, jobs, and school, when applicable.
5.12 CONTRACTOR shall assist youth with: (1) obtaining sufficient and appropriate clothing for school, work, etc.; (2) obtaining employment; (3) developing money management and savings skills; (4) obtaining local housing resources; and (5) arranging and coordinating transportation.
5.13 CONTRACTOR shall follow up on school progress, attend school conferences, and establish partnerships with teachers. CONTRACTOR shall assist placed youth in applying to colleges and/or vocational schools and for financial aid to cover educational expenses.
5.14 CONTRACTOR shall assist youth in opening emancipation saving accounts in addition to any other savings accounts.
5.15 CONTRACTOR shall coordinate with the COUNTRY Worker to provide discharge planning/post-planning living arrangements, when applicable, such as assisting youth to establish connections in the communities to which they will be going after placement to meet their counseling, educational, medical, spiritual, and transportation needs.
6.0 MEDICAL, DENTAL AND PSYCHIATRIC CARE
CONTRACTOR shall meet the medical needs of the placed child in accordance with the Child Health Disability Prevention Program, Medi-Cal program and CCL regulations. CONTRACTOR shall be responsible to facilitate each placed child's receipt of necessary medical, dental and psychiatric care.
COUNTY shall provide CONTRACTOR with a Medi-Cal card for each eligible placed child.
6.1 Medi-Cal Card
CONTRACTOR shall control the use of the Medi-Cal card. CONTRACTOR shall immediately contact the Foster Care Hotline (1-800-697-4444) and notify CSW if a placed child does not have a Medi-Cal card.
6.2 Reimbursement
6.2.1 CONTRACTOR shall comply with all applicable Medi-Cal regulations and requirements and exercise diligence in obtaining Medi-Cal authorization. CONTRACTOR shall bill the Medi-Cal program for all eligible medical, dental and psychiatric care costs, for children placed by COUNTY under this Agreement.
6.2.2 For any services not eligible for Medi-Cal reimbursement, CONTRACTOR shall, to the extent feasible, obtain medical, dental or psychiatric care services for the placed child through a COUNTY or COUNTY contract facility.
6.2.3 For any non-emergency services not eligible for Medi-Cal reimbursement and not obtainable at a COUNTY or COUNTY contract facility, CONTRACTOR must receive pre-approval from the COUNTY Worker prior to obtaining such services. If COUNTY Worker is not available, CONTRACTOR may contact COUNTY Worker's supervisor for pre-approval. For Probation, CONTRACTOR may contact the Central Placement supervisor.
6.3 Routine Medical Care
6.3.1 CONTRACTOR shall ensure that a Child Health Disability Prevention (CHDP) provider doctor or a doctor who does CHDP equivalent exams do the initial medical assessment, care, and follow through. Children two to nineteen (2-19) years of age shall receive medical exams annually within 30 days of the anniversary of placement at the facility.
6.3.2 CONTRACTOR shall employ an on-going system that monitors the immunization and routine health care status of all placed children and accurately reflects status in the Health and Education Passport.
6.3.3 CONTRACTOR shall establish guidelines for isolating placed children with infectious illnesses within the facility.
6.3.4 To the extent reimbursed by Medi-Cal or otherwise reimbursed by COUNTY, CONTRACTOR shall ensure that placed youth receive a routine physical exam, any needed medical care, and information and instructions on any on-going medical treatment or medications needed within the three-month period prior to emancipation.
6.4 Personal Hygiene Education
CONTRACTOR shall provide age-appropriate instructions in proper grooming and personal hygiene including, but not limited to, sex education and family planning.
6.5 Emergency Medical Care
CONTRACTOR shall have a plan for the provision of emergency medical treatment of a placed child. If a COUNTY facility or a COUNTY contracted facility is not available during regular business hours, the CONTRACTOR shall telephone the COUNTY Worker. If it is before or after regular business hours, CONTRACTOR shall call the Child Abuse Hotline (1-800-540-4000) for a DCFS placed child or (323) 226-8506 for a Probation placed child. CONTRACTOR shall examine all placed children daily for signs and symptoms of illness and ensure prompt follow-up for suspected health problems.
6.5.1 CONTRACTOR shall ensure that any placed child who appears to have a serious health condition is medically examined.
6.6 Routine Dental Care
CONTRACTOR shall meet the dental needs of the placed child in accordance with the CHDP Program, Medi-Cal program and CCL regulations. CONTRACTOR shall ensure that a CHDP provider/dentist or a dentist who does CHDP equivalent exams provides dental care and follow through. Children 2-19 years of age shall receive a dental exam annually within 30 days of the anniversary of placement at the facility.
To the extent reimbursed by Medi-Cal or otherwise reimbursed by COUNTY, CONTRACTOR shall ensure that placed youth receive a routine dental exam, any needed dental care, and information and instructions on any on-going dental treatment or medications needed within the three-month period prior to emancipation.
6.7 Emergency Dental Care
CONTRACTOR shall have a plan for the provision of emergency dental treatment of a placed child.
6.8 Psychiatric Care
CONTRACTOR shall meet the psychiatric needs of the placed child in accordance with the CHDP Program, Medi-Cal program and CCL regulations. CONTRACTOR shall ensure that psychiatric care is provided by a licensed provider or by a provider who is approved by Department of Mental Health (DMH). Such provider must be eligible for Medi-Cal reimbursement.
6.8.1 CONTRACTOR shall ensure that any placed child in its care with a history of psychiatric problems (including hospitalizations) receive a clinical evaluation, provided that such evaluation is authorized by DMH, and submit the written results of such tests to the COUNTY Worker. COUNTY Worker will assist in facilitating a timely authorization from DMH.
6.8.2 CONTRACTOR shall be included in all COUNTY staffings regarding placed children in psychiatric hospitals, as required by DCFS Resource Utilization Management Section (RUM) or as required by the Probation Department.
6.9 Psychiatric Hospitalization
CONTRACTOR shall have a plan for the provision of emergency psychiatric treatment of a placed child. CONTRACTOR shall always place a child in a COUNTY or Medi-Cal approved facility.
6.9.1 Prior to admitting a placed child to a psychiatric hospital, CONTRACTOR shall notify the DCFS Crisis Intervention Team at (1-800) 225-0256, PIN #6262452232 and COUNTY Worker. Additionally, CONTRACTOR shall follow Department of Mental Health (DMH) procedures requiring CONTRACTOR to contact DMH prior to placed child's psychiatric hospitalization when such procedures are implemented.
6.9.2 CONTRACTOR shall readmit any child referred by CONTRACTOR to, and admitted by a psychiatric hospital, after the placed child is discharged from the hospital. Exceptions to this rule are if CONTRACTOR determines that the child's readmission jeopardizes the health and safety of that child or others in the facility or a mutual treatment decision is reached with COUNTY not to return the child to the facility, CONTRACTOR shall immediately notify the placed child's COUNTY Worker of the refusal to readmit. In addition, upon request of the COUNTY, a detailed, written explanation from CONTRACTOR's Executive Director, of such decision, shall be provided to COUNTY Program Director within five (5) business days of the decision.
6.10 Policy For Prescribed Psychotropic Medication
6.10.1 CONTRACTOR shall ensure that the prescribing physician submits a request and obtains court authorization for all placed children prescribed psychotropic medication, and that these orders are renewed every six (6) months, as required by DCFS Policy in the CSW Handbook Procedural Guide 0600-514.10. CONTRACTOR shall maintain copies of court authorizations in placed children's case records.
6.10.2 CONTRACTOR shall ensure that placed children receiving psychotropic medications have such prescriptions incorporated as part of their overall treatment plan.
6.10.3 CONTRACTOR shall not solicit/promote the use of psychotropic medications to suppress what is a placed child's normal reactive process to grief, separation and/or anxiety.
6.10.4 CONTRACTOR shall only administer over-the-counter (non-prescription) medications that produce sedative effects in an effort to change behavior, promote sleep, or decrease nervous activity in the placed children in accordance with the requirements of Division 6, Chapter 1, Article 6, Section 80075 (b) through (e) of Title 22.
6.11 Medications
CONTRACTOR shall record type, date and time of any medication, prescription and non-prescription, administered to the placed children.
6.11.1 A placed child on psychotropic medication shall have a psychiatric/psychological assessment that indicates the placed child's diagnosis, need for treatment, possible side effects and prognosis. CONTRACTOR shall provide for the placed child to receive monthly evaluation by the prescribing physician unless otherwise documented by the physician.
6.11.2 At the time of replacement CONTRACTOR shall entrust all the child's medications and the Court authorization for the administration of psychotropic drugs, if applicable, to the responsible adult transporting the child who shall deliver them to the new caretaker immediately.
6.12 Health and Education Passport
COUNTY Worker will provide CONTRACTOR with the placed child's Health and Education Passport at the time of placement. This passport consists of: (1) instructions on page 1; (2) medical and dental Information in Section 1; (3) educational Information in Section 2; and (4) placement documentation in Section 3.
CONTRACTOR shall maintain the placed child's Health and Education Passport by updating per the instructions on page 1 the relevant mental health, dental and health information regarding: (1) provider's name and addresses; (2) all mental health, dental, and health problems identified and services provided, visits, and testing; (3) hospitalization; (4) immunizations; (5) allergies; (6) current medications; and (7) any other relevant mental health, health and dental information. The doctor or his staff must record medical and dental information, such as immunizations given, medical diagnosis, and prescribed medication.
CONTRACTOR will provide the updated passport to the COUNTY Worker at the time the placed child departs from the CONTRACTOR's program or provide passport within two (2) days to COUNTY or COUNTY Worker if COUNTY Worker is not present at time of placed child's departure (Welfare and Institutions Code, Section 16010, Exhibit C-1).
6.13 Linkages to Substance Abuse Programs
CONTRACTOR shall develop and maintain relationships with community drug rehabilitation programs for purposes of education, prevention and treatment for placed children in their care.
7.0 TRANSPORTATION
7.1 CONTRACTOR and COUNTY Worker shall mutually determine the transportation the placed child needs and shall incorporate it as part of the needs and services plan, and the needs and services plan updates.
7.2 The CONTRACTOR shall provide licensed and insured vehicles in good repair for transporting placed children and maintain repair and maintenance records for such vehicles. In addition, it is the CONTRACTOR's responsibility to arrange transportation to activities including, but not limited to, school, Independent Living Program, teen clubs, place of child's employment, adoption-related events, visits with prospective adoptive families, job training, extra-curricular or recreational activities, therapy, medical/dental appointments, religious service of placed child's or family's preference, visits, etc. as agreed to by the CONTRACTOR in the needs and services plan. This can include teaching youth to take public transportation, arranging transportation with other care providers or outreach advisors, ILP coordinators, CSWs, etc.
8.0 INTAKE AND DISCHARGE
8.1 Child's Placement Needs
COUNTY shall review, discuss, and provide all available pertinent information and documentation pertaining to the needs of the placed child and his/her family with the CONTRACTOR. The information necessary to assess the needs of the placed child include, but are not limited to, the items identified in Division 6, Chapter 1, Section 80070(b) and Chapter 5, Section 84070(b) of Title 22 and a description of dangerous propensities of the placed child as outlined in Division 31, Section 31-310.16, of the California Department of Social Services, Manual of Policies and Procedures. COUNTY shall report to CONTRACTOR, any additional information related to dangerous propensities learned subsequent to placement.
The CONTRACTOR shall complete and submit a DCFS 4389 (4/94), Declaration in Support of Access to Juvenile Records (WIC 827) (Exhibit D) in order for the CSW to release this information in the form of a placement package about a specific placed child. The Deputy Probation Officer can provide this information without a Declaration.
8.2 CONTRACTOR's Ability to Meet the Child's Placement Needs.
CONTRACTOR shall accept all children who meet CONTRACTOR's Program Statement criteria. CONTRACTOR shall assess his/her ability to provide the required services, to meet the needs of the placed child and his/her family, based upon the intake information received from the placed child's COUNTY Worker.
Should CONTRACTOR determine that a referred child does not meet License and/or Program Statement criteria, CONTRACTOR shall immediately notify COUNTY Worker. Upon request of the COUNTY, a detailed, written explanation from CONTRACTOR's Executive Director, of such denial, shall be provided to COUNTY Program Director within five (5) business days of the denial.
8.3 Pre-placement Visit
COUNTY Worker shall discuss with child and CONTRACTOR the child's placement needs, including the child's educational needs, and how the CONTRACTOR plans to meet these needs. A visit to the CONTRACTOR's facility shall be arranged prior to the child's placement whenever possible. In addition to sharing information about the program and available activities, the CONTRACTOR shall discuss with the child and child's COUNTY Worker the demographics of children currently placed with the CONTRACTOR, including children's ages, background, and placing agencies.
8.4 Referral Log
The CONTRACTOR shall maintain a log for five (5) years on all referrals, for which a placement packet is received, including referral date, child's name, placing agency, placing agency case number, as well as, reason referral was denied or date of placement. This is in compliance with Section 22.0, Nondiscrimination in Services, in the body of the Agreement.
8.5 Foster Care Hotline
COUNTY Worker shall provide a placement packet, including a Medi-Cal card for every child who is placed. If child is placed during regular business hours, without such packet, CONTRACTOR shall immediately notify the Foster Care Hotline at (800) 697-4444. If a child is placed after regular business hours, CONTRACTOR shall call the Foster Care Hotline at (800) 697-4444, the following business day, with the child's name and date of placement, so that a placement package may be obtained. COUNTY cannot budget the placement until the placement packet is issued.
8.6 Case Conference Prior to Discharge
CONTRACTOR shall maintain on-going communication and request a case conference with the COUNTY Worker whenever the child's placement appears to be at risk and/or prior to discharge. Prior to initiating a request for a child's removal from its facility CONTRACTOR shall document contact with the RUM (Resource Utilization Management) Unit (for DCFS children) or COUNTY Worker (for Probation children) to discuss placement needs and alternatives. If CONTRACTOR determines that emergent removal of a child is necessary, based on considerations related to health and safety of the child or others in the facility, CONTRACTOR shall, upon request of the COUNTY, submit a detailed, written explanation from CONTRACTOR's Executive Director, of such discharge, to COUNTY Program Director within five (5) business days of the removal.
9.0 CHILDREN'S RECORDS
9.1 Placed Child's Permanent File
In addition to the requirements outlined in Division 6, Chapter 1, Section 80070 and Chapter 5, sections 84070 and 84070.1 of Title 22, CONTRACTOR shall maintain a record of telephone contacts and copies of all reports in the placed child's permanent file. Special Incident Reports (SIRS), progress notes with sufficient detail so as to permit an evaluation of services, and other relevant information which the CONTRACTOR deems fit shall also be included. This information shall be confidential and made available only to selected staff who require it for case planning.
9.2 Placed Child's Health and Education Passport
CONTRACTOR shall maintain placed child's Health and Education Passport as described in Sections B.4.5 and B.6.12 of this Statement of Work.
10.0 NEEDS AND SERVICES PLAN
10.1 CONTRACTOR shall develop in conjunction with COUNTY Worker, CONTRACTOR's social worker, placed child, parent, and guardian a comprehensive, individualized needs and services plan that meets the overall goal and objective of the case plan, treats the identified needs of the child, and is specific, measurable, attainable, and time-limited. This needs and services plan shall meet the requirements specified in Division 6, Chapter 5, Sections 84070, 84070.1, 84068.2(a), 84068.2(d), 84068.3(b-c), and 84069.2 of Title 22. The DCFS 709 (1/94) (Exhibit E of the Agreement), Foster Child's Needs and Case Plan Summary, is intended to be used in the development of the needs and services plan but it is not intended to be the plan itself.
The needs and services plan outline is derived from the Division 6, Chapter 5, Sections 84068.2(b-c) and 84068.3(a) of Title 22, and shall include the following [additional COUNTY requirements in brackets]:
10.1.1 Reason for placement. [Include description of circumstances that resulted in the child becoming a Ward/Dependent of the court.]
10.1.2 Education. If the information specified in Section 84070(b)(4) is not available, the plan shall specify a method for determining such needs. [Include health and education information that includes immunizations, medical problems, medications, academic needs, school records, and type of school.]
10.1.3 Training. [Include a description of services that will assist a child 14 years old or older with the transition to independent living.]
10.1.4 Personal care and grooming.
10.1.5 Ability to manage his/her own money, including the maximum amount of money the child shall be permitted to have in her/her possession at any one time.
10.1.6 Visitation, including the frequency of and any other limitation on visits to the family residence and other visits inside and outside the facility.
10.1.7 Other specific services, including necessary services to the child's parent(s) or guardian(s).
10.1.8 Types of services necessary. [Include assessment of child's needs, an evaluation of prior treatment services for the child, and specific time-limited treatment goals and services. Specify the responsibility and participation of child, parent, social worker, COUNTY Worker, and guardian to implement the needs and services plan.]
10.1.9 The facility's ability to provide the necessary services based upon the following information provided in the plan of operation: (A) The facility's purposes, program methods, and goals. (B) The facility's admission policies and procedures. (C) Services to be provided by the facility in cooperation with community resources.
10.1.10 Planned length of placement, including the discharge plan specified in Section 84068.4(b). [Include projected date of completion of case plan objectives and termination of services.]
10.1.11 Financial arrangements for provision of services to the child.
10.1.12 For modifications to the needs and services plan, also include: (A) The child's need for continuing services. (B) The facility's recommendation regarding the feasibility of the child's return to his/her home; placement in another facility; or move to independent living. (C) The need for modification in services.
10.2 COUNTY Worker will provide to CONTRACTOR all information available concerning children in placement and assist CONTRACTOR to obtain all necessary information.
10.3 The CONTRACTOR shall keep the COUNTY Worker informed of the placed child's needs and services plan status at least monthly by telephone and at least quarterly in written reports.
10.4 CONTRACTOR, with CSW support, shall encourage family involvement in meetings, conferences, parent education, parent therapy, visitation, etc. as agreed upon in the needs and services plan incorporating Court-imposed requirements or limitations.
11.0 PSYCHOSOCIAL SUPPORT/PSYCHOLOGICAL CARE
11.1 Develop Values
CONTRACTOR shall provide opportunities to teach placed children the difference between right and wrong, self-control, compassion, morals, integrity, patience, respect, responsibility, etc., to develop social consciousness and cultural awareness.
11.2 Encourage Positive Peer and Community Interaction
CONTRACTOR shall encourage positive peer interaction activities, as well as, group and individual activities in the community. The CONTRACTOR shall utilize community resources such as parks, libraries, YMCA/YWCA, boys and girls clubs, community recreation centers, churches, etc.
11.3 Age-appropriate Therapeutic Approaches
CONTRACTOR shall ensure that age-appropriate therapeutic approaches are used by the staff to enhance the placed child's adaptation to his/her circumstances and promote developmental progress. CONTRACTOR shall work with COUNTY Support Agencies to implement and incorporate recommendations made by psychologist/psychiatrist in the needs and services plan.
12.0 QUALITY OF LIFE
12.1 Self Esteem
CONTRACTOR shall adhere to the California Youth Connection Foster Youth Bill of Rights, Exhibit A-1. Further, CONTRACTOR shall not infringe upon any of the rights of children in out-of-home placement specified in Section 16001.9 of the Welfare and Institutions Code as delineated in Exhibit C. As part of the needs and services plan, planned activities schedule, and independent living plan, CONTRACTOR shall provide opportunities to encourage the development of the placed child's self esteem and cultural awareness.
12.2 Setting Goals and Objectives
CONTRACTOR agrees to provide opportunities to teach the placed child how to set short-term and long-term goals and objectives appropriate to the developmental level of the child. CONTRACTOR shall discuss possible short-term and long-term goals and objectives with the placed child as relates to his/her needs and services plan, career plans, strengths and interests and educational possibilities to prepare youth for emancipation and adulthood.
13.0 LEGAL PERMANENCY
CONTRACTOR shall facilitate the implementation of any plan determined by the COUNTY for a placed child under CONTRACTOR's care. CONTRACTOR shall facilitate a placed child's visitation with prospective foster or adoptive parents as requested by the COUNTY.
13.1 Reunification
CONTRACTOR shall assist COUNTY in reunification efforts by assessing likelihood of placed child returning home and facilitating visitation with family and other reunification services.
13.2 Adoptive Home
If the placed child cannot return home, CONTRACTOR shall facilitate placed child's involvement in adoption-related activities and placed child's visits with prospective adoptive families.
13.3 Assessing Strengths and Special Needs
CONTRACTOR shall participate with the CSW and/or Adoptions Worker to assess the strengths and special needs of a placed child to assist in locating an appropriate adoptive home.
13.4 Counseling and Support
CONTRACTOR shall provide counseling and support for the placed child, as part of the group home program, in making decisions related to adoption and in making transitions to legally permanent placements or returning home.
13.5 Adoption Assistance Program
COUNTY shall provide information and CONTRACTOR shall be fully informed about the Adoption Assistance Program and the differences between legal guardianship, adoption and foster care.
14.0 WRITTEN REPORTS
14.1 Written Reports
CONTRACTOR shall prepare and submit to placed child's COUNTY Worker Quarterly, Special Incident, and Termination reports in accordance with the criteria noted below and in Exhibits H, SOC 154 (12/93), Agency - Group Home Agreement, and A-IV Special Incident Reporting Guide for Residential Facilities (Group Home and Foster Family Agency) and retain a copy for the Child's Record Folder.
14.2 Quarterly Report
For each three month period through which this month-to-month Agreement extends, if any, CONTRACTOR shall prepare and submit a signed Quarterly Report to each placed child's COUNTY Worker by the 10th business day following the end of each quarter from the date the child was placed.
14.2.1 The Quarterly Report shall include the items identified on the Agency - Group Home Agreement, SOC 154 (12/93), (Exhibit H) [additional COUNTY requirements in brackets]:
14.2.1.1 Current status of child's physical and psychological health. [Include the date of each medical/dental appointment, diagnosis, recommended treatment, follow-up and medication the child received during the quarter. Include health and safety related services provided to the child, specifying the dates of service(s) for each occurrence.]
14.2.1.2 Reassessment of child's adjustment to the group home, program, peers, school, and staff. [Include copy of school report card(s), school attendance, and Individualized Education Plan (IEP) when applicable. Specify the type of school (i.e., public, private, non-public, on-grounds, community-based, etc.) and educational program provided.]
14.2.1.3 Progress toward short-term objectives and long-range goals including tasks that have been performed to reach these objectives and goals. [Include status of TILP plan, when applicable, including homemaking skills, status of vocational training and/or job experience, artistic abilities, etc. Include a copy of the updated Emancipation Preparation Contract for each placed youth age 14 years and older.]
14.2.1.4 Reassessment of unmet needs and efforts made to meet these needs.
14.2.1.5 Modification of treatment plan, tasks to be performed and anticipated length of placement.
14.2.1.6 Involvement of child and his parent in treatment program. [Include dates and type of contact with the COUNTY Worker during the quarter including telephone calls.]
14.3 Special Incident Report
CONTRACTOR shall prepare and submit a Special Incident Report to COUNTY Placing Agency for each placed child in accordance with the guidelines and time frames in Exhibit A-IV, Special Incident Reporting Guide for Residential Facilities (Group Home and Foster Family Agency). Reportable incidents include, but are not limited to:
14.3.1 Behavior Incidents.
14.3.2 Other Significant Incidents: school suspensions, expulsions and truancy problems.
14.3.3 Routine Injury, Illness or Accident.
14.3.4 Serious Injury, Illness or Accident.
14.3.5 Death.
14.3.6 Unauthorized Absence (AWOL).
14.3.7 Abuse.
14.3.8 Significant Changes in Facility Status or Organization.
14.3.9 Significant Incidents that involve the Community or Physical Plant and may have Serious Impact on the Residents.
14.3.10 Any contact with law enforcement. When a placed child has been arrested and/or is at risk of being taken from CONTRACTOR's facility by law enforcement, CONTRACTOR shall immediately contact the COUNTY Worker. For DCFS children, CONTRACTOR shall also contact DCFS Crisis Team at (1-800) 225-0256, PIN #6262452232. For Probation children CONTRACTOR shall also contact Probation Central Placement at (323) 226-8600.
14.4 Termination Report
CONTRACTOR shall prepare and submit a Termination Report to each child's COUNTY Worker within 30 calendar days from the date the child's placement was terminated.
14.4.1 Termination Report shall include, but not be limited to, a closing summary of the CONTRACTOR's records relating to the placed child.
15.0 ORAL REPORTS/TELEPHONE CONTACT
CONTRACTOR shall report to appropriate COUNTY staff in accordance with the criteria in Exhibit A-IV, Special Incident Reporting Guide for Residential Facilities (Group Home and Foster Family Agency).
CONTRACTOR shall provide a monthly needs and services plan status report.
16.0 RESIDENT CARE DAYS
16.1 Attendance Record
CONTRACTOR shall maintain attendance data on all placements. Attendance data shall include but not be limited to:
16.1.1 Statistics on the total number of resident care days of service provided for the month shall be available for review. The placed child's arrival date is counted as the first resident care day. The day of the placed child's departure is not counted as a resident care day. If a space is "held open" for a placed child on pass or AWOL at the COUNTY Worker's request in accordance with Section 6.0, Payment, Paragraph 6.3, in the body of the Agreement, this child shall be included in the number of resident care days of service provided.
16.1.2 Status of all placements for each day of the month (i.e., present, on pass, AWOL, etc.) shall be available for review. If a space is "held open" for a placed child on pass or AWOL at the COUNTY Worker's request, this child shall be included in the number of resident care days in Subsection B.16.1.1.
16.1.3 Placement and termination notices shall be available for review.
16.1.4 A master list of all placements including each child's name, Placing Agency, contact person from Placing Agency for the child, schools attended, phone number for contact person, date of placement and date and reason placement was terminated shall be maintained.
17.0 VISITATION PLAN
COUNTY Worker and CONTRACTOR shall develop the visitation plan for the placed child's family and friends, taking into consideration any recommendations from the placed child's attorney and Court Appointed Special Advocate (CASA).
18.0 PLACEMENT AND ORIENTATION
18.1 Orientation
CONTRACTOR shall provide each placed child, in an age-appropriate manner, a comprehensive overview of the group home's program and procedures. Such overview will include, but not be limited to, opportunities for achievement, vocational and job training, life-skills training, recreation, educational choices, and religious, spiritual, or ethical development in the faith of the placed child's choice, identification of placed child's staff support person, placed child's clothing and weekly allowance, House Rules including discharge, Discipline Practices, Grievance/Complaint Procedures, school attendance requirements including school dress code, academic expectations, use of level systems, and discharge as described in CONTRACTOR's Program Statement, (Exhibit B), the LIC 613, Personal Rights form (Exhibit A-II) and the Foster Youth Bill of Rights (Exhibit A-I).
18.2 Orientation Verification
Upon completion of the orientation with the placed child, the CONTRACTOR shall have the placed child acknowledge such orientation in writing.
19.0 ALLOWANCE AND BANK ACCOUNTS
CONTRACTOR shall abide by the requirements outlined in Division 6, Chapter 1, Section 80026 and Chapter 5, Section 84026 of Title 22.
CONTRACTOR shall not require a placed child to use his/her allowance to purchase items that CONTRACTOR is responsible to provide. CONTRACTOR shall not use a placed child's base allowance as a disciplinary measure. CONTRACTOR shall not substitute monetary allowances with non-monetary items, such as, tokens and points or clothing, food and other items that CONTRACTOR is responsible for providing. If a placed child is unable to handle money, CONTRACTOR shall provide the placed child with instruction on how to handle money and deposit the placed child's money in a savings account until the placed child is able to handle his/her money independently. ILP incentive is considered "income" to the placed child and shall not be withheld from the placed child by CONTRACTOR.
19.1 Amount
The CONTRACTOR shall provide a base allowance appropriate to age and reasonably commensurate with peer group standards and services as prescribed in CONTRACTOR's Program Statement. The base allowance shall not be less than the following amounts: $1.00 (5-7 years); $1.50 (8-10 years); $2.50 (11-14 years); $3.50 (15 years and over) per week, starting with the first full week of placement. Allowances may be increased beyond this base amount according to a point/levels/rewards behavioral control system.
19.2 Savings
The CONTRACTOR may encourage the placed child to save for a particular purchase that is not provided by the CONTRACTOR or to accumulate a savings account. However, beyond supervision of spending for appropriateness for age, safety and health, CONTRACTOR shall permit placed child to spend his/her allowance, as the placed child desires.
19.3 Earnings
The placed child's earnings may be applied toward special clothing items, tools and other personal property above the basic services contracted for herein. Court ordered restitution can be withheld from the earnings of a ward of the Juvenile Court only. CONTRACTOR shall encourage placed youth age fourteen (14) and older to save their earnings for emancipation.
The CONTRACTOR shall work with the COUNTY Worker and placed child to mutually agree on the method of securing and use of the placed child's earned income including opening a bank account if appropriate.
20.0 CHORES
20.1 Routine Chores
The CONTRACTOR shall indicate in Exhibit B - CONTRACTOR's Program Statement, which chores a placed child will be required to do as part of their regular responsibilities. CONTRACTOR shall appropriately supervise placed children while they are doing chores.
20.2 Optional Chores
The CONTRACTOR shall indicate in Exhibit B - CONTRACTOR's Program Statement which chores a placed child may do on a voluntary basis for compensation, usually as part of an incentive/behavior modification program. CONTRACTOR shall appropriately supervise placed children while they are doing chores.
20.3 Optional Chore Log
The CONTRACTOR shall comply with Exhibit B - CONTRACTOR's Program Statement description of routine chores or which chores are optional or for compensation. In addition, the CONTRACTOR shall maintain an optional chore log indicating the placed child, date, chore(s), hours worked and compensation.
21.0 FOOD
CONTRACTOR shall provide meal service, snacks, and a balanced diet as defined in Division 6, Chapter 1, Section 80076 and Chapter 5, Section 84076 of Title 22 regulations.
Placed children shall participate in menu planning. CONTRACTOR shall make additional servings available at meal times. CONTRACTOR shall inform COUNTY Worker when special dietary needs arise due to medical problems/conditions.
22.0 CLOTHING
Clothing shall fit and shall not be too small or more than two sizes larger than actual measurements. The clothing shall be clean, in good repair and appropriate for the intended use and season, including the school dress code. In no event shall CONTRACTOR provide other than new undergarments or shoes for each placed child. The CONTRACTOR shall include in the Program Statement a plan acceptable to the COUNTY that regularly involves the placed child in the selection and purchase of his/her own clothing and meets the minimum monthly clothing allowance and the on-hand clothing amount as specified in DCFS 2281 (Exhibit A-III).
The clothing is the property of the placed child and shall be retained by the placed child or his/her representative upon termination of placement.
CONTRACTOR shall provide for laundry, dry cleaning and mending of clothing in accordance with CONTRACTOR's Program Statement.
22.1 Standard for Clothing
The standards for clothing for placed children are indicated in DCFS form number 2281 (Exhibit A-III).
22.2 Clothing at Placement
When a child is placed in CONTRACTOR's facility, COUNTY will ensure that the child has at least 4 outfits as defined in DCFS 2281 (Exhibit A-III). COUNTY will provide to CONTRACTOR up to the maximum clothing allowance for each placed child who has less than 4 outfits at the time of placement.
22.3 Meeting Full Clothing Standard
The CONTRACTOR shall ensure that each placed child has 7 outfits within 30 days of initial placement, 10 outfits within 60 days of initial placement, and 12 outfits within 120 days of initial placement as defined in the DCFS 2281 Clothing Standard.
22.4 Children's Funds for Clothing
The CONTRACTOR shall provide each placed child with clothing without requiring the placed child to purchase clothing with his/her own funds. Notwithstanding limitations of Sections B.19.0, Allowance and Bank Accounts, B.22.0, Clothing, and B.23.0, Personal Needs, of this Statement of Work, when an expensive item(s) is desired that is not within the CONTRACTOR's budget allocation for the provision of sufficient clothing, the placed child may volunteer to supplement the budget to purchase the desired item(s).
22.5 CONTRACTOR's Ongoing Clothing Allocation
The CONTRACTOR shall include in their Program Statement a plan acceptable to the COUNTY to provide a regular monthly clothing allocation, in the amount of at least $50, from the AFDC-FC payment to be spent on clothing.
After reaching the Clothing Standard, the $50 can be spent on clothing and/or accessories.
After reaching the Clothing Standard, the placed child may decide to carry over one month's clothing allowance for use in the following month, which provides a banked maximum of $100.00 for additional clothing of the child's choice.
22.6 CONTRACTOR's Ongoing Clothing Inventory
CONTRACTOR shall maintain both a written inventory of each placed child's clothing and clothing receipts with description of item(s) purchased for each placed child written on each receipt. CONTRACTOR shall update clothing inventories whenever clothing items are added from any source or removed for any reason from the placed child's clothing supply.
22.7 Storage/Security of Clothing During Placement
The CONTRACTOR shall provide for the storage and security of each placed child's clothing during the entire term of placement. CONTRACTOR may label placed child's clothing for identification purposes.
CONTRACTOR shall provide a lock or other secure means to protect the placed child's clothing and other personal property. CONTRACTOR shall retain a duplicate key to access the storage area as needed.
Notwithstanding the provisions of this Section, it is understood that clothing often disappears, particularly during home visits, and that clothing security is not entirely within CONTRACTOR's control. All losses will be documented as part of the clothing inventory, including a brief description of the circumstances involved and action taken by the CONTRACTOR, which will be taken into consideration during audits. Repeated instances of clothing loss should be reported to the COUNTY Worker.
22.8 Storage/Security of Clothing/Personal Belongings Upon Termination of Placement
Within one (1) day of the placed child's departure, the CONTRACTOR shall collect, inventory, secure and store for up to 21 calendar days the clothing of a child who, for any reason, has left the CONTRACTOR's program.
CONTRACTOR agrees to maintain adequate procedures to prevent loss, theft, and/or unauthorized removal of a placed child's clothing. CONTRACTOR shall be responsible for replacing any preventable losses.
After 21 days, CONTRACTOR shall contact COUNTY Worker to determine if clothing is to be mailed to the COUNTY at COUNTY's expense.
22.9 Special Clothing Needs
CONTRACTOR shall plan with the placed child and arrange for the purchase of school uniforms, when appropriate, sports clothing, sports equipment, special occasion clothing, and other necessary items for dances, proms, and graduation.
23.0 PERSONAL NEEDS
Personal care/hygiene items shall be provided with consideration given to specific cultural and ethnic needs.
23.1 Personal Care Items
The CONTRACTOR shall provide each child with his/her own new toothbrush, comb, deodorant and other personal hygiene items, and cover the cost of purchasing specific brands for health reasons as deemed necessary. The CONTRACTOR shall also provide toothpaste, soap, shampoo, hair care items, etc. for health, grooming and personal hygiene and replacement of combs, toothbrushes (as recommended by dentist), deodorant, etc., as needed.
CONTRACTOR shall offer placed children full choice among brands, as long as cost is reasonable.
CONTRACTOR shall not purchase or allow products in aerosol or glass containers.
23.2 Linens
The CONTRACTOR shall provide sufficient clean towels, face cloths, and sheets on at least a weekly basis. For each three month period through which this month-to-month Agreement extends, if any, CONTRACTOR shall provide clean and serviceable blankets, bedspreads and window treatment(s) at least once.
CONTRACTOR shall immediately replace worn, torn or frayed towels, sheets, blankets, bedspreads, and window treatment(s).
24.0 SUPERVISION
24.1 Staff to Child Ratios
CONTRACTOR shall comply with staff-to-child ratios as defined in Division 6, Chapter 5, Sections 84065.5-84065.7 of Title 22 and CONTRACTOR's Program Statement to provide the staff necessary to meet each placed child's needs and to provide supervision. As stated in Section 84065.5(c), "If the children require special care and supervision because of age, problem behavior or other factors, the number of on-duty child care staff shall be increased."
24.2 Know Child's Whereabouts and Responsible Staff
CONTRACTOR and CONTRACTOR's staff shall know where placed children are according to resident log and be able to identify who is responsible for supervision. Placed children may leave the facility, unaccompanied for specific purposes, in accordance with case plan which has been pre-approved by COUNTY and as approved by CONTRACTOR or designee and documented in the log.
24.3 Resident Sign-in/Sign-out Log
CONTRACTOR shall maintain a sign-in/sign-out log for placed children who leave the facility for any reason other than regularly scheduled work, school, or group activities of the CONTRACTOR. This log shall include the name of the child, his/her destination, the time he/she left the facility, the anticipated time of return, and the name and telephone number of the person who is responsible to supervise the resident while he/she is away from the facility (unless the COUNTY Worker has authorized unsupervised passes).
25.0 STAFFING
CONTRACTOR agrees to provide appropriate staffing for program level in compliance with CDSS Rate Classification Level (RCL), CCL regulations, and the CONTRACTOR's Program Statement. CONTRACTOR agrees to provide night-awake child care and supervision staff. CONTRACTOR agrees to provide COUNTY access to all records available to CCL.
26.0 HOUSING AND LIVING ENVIRONMENT
26.1 In addition to the requirements of Division 6, Chapter 1, Sections 80087-80088 and Chapter 5, Sections 84087-84088 of Title 22, CONTRACTOR shall provide all placed children with a safe, well-maintained, appropriately furnished and decorated, home-like environment. All furniture and appliances shall be well maintained and in good working condition.
26.2 CONTRACTOR shall allow each placed child to personalize his/her bedroom.
27.0 HEALTH AND SAFETY
CONTRACTOR shall comply with Division 6, Chapter 1, Articles 7-8 and Chapter 5, Article 7 of Title 22 regarding physical environment and health related services.
CONTRACTOR shall uphold a "No Smoking" policy within the facility. Under no circumstances shall placed children under 18 years of age be permitted to smoke. Visitors and staff shall not smoke inside of CONTRACTOR's facility.
FOSTER YOUTH BILL OF RIGHTS
The California Youth Connection a statewide organization of youth in the foster care system, has written the "Foster Youth Bill of Rights". It is an objective of foster care to ensure that the personal rights of individuals who are in out-of-home care are protected subject to limitations inherent in the foster caregiver's responsibility to ensure resident safety, safety of others and foster caregiver's role as parent as described in the case plan/case plan update, court order(s) and treatment plan. Any restrictions on the rights of each individual child must be approved by COUNTY Program Director on a case by case basis. These rights include the following:
1) The right to be treated with respect.
1. The facility shall ensure that the resident and his/her authorized representative(s) are offered the opportunity to participate in the development of the needs and service plan. 84068.2(d)
2. Facilities shall ensure that privacy rights of residents are respected. Individual privacy shall be provided in all toilet, bath, shower and dressing areas. 84088(b)(4)
3. Staff shall treat residents with respect and shall be prohibited from humiliating, intimidating, ridiculing, coercing or threatening residents. 80072(a)(3)
4. Access to bathrooms shall not be unreasonably limited during waking or sleeping hours.
5. Residents shall have the right to be free to attend religious services and activities of their choice. Attendance at religious services, in or out of the facility shall be on a completely voluntary basis. 80072(a)(5)(A)
6. Residents shall have the right to have visitors visit privately during waking hours without prior notice, provided that such visitations are not prohibited by the resident's needs and services plan; do not infringe upon the rights of other residents; do not disrupt planned activities; and are not prohibited by court order or by the resident's authorized representative(s). 84072(b)(5)
2) The right to adequate living conditions.
1. The home must meet licensing standards.
2. Residents shall have the right to privacy in their own rooms and shall not be prohibited from closing the doors to their rooms absent specific concerns for the safety of the resident.
3. Residents shall be allowed to possess and use their own toilet articles. 84072(b)(7)
4. Residents shall have access to individual storage space for their private use. 840.72(b)(10)
5. Residents shall possess and use their own personal items unless prohibited as part of a discipline program. 84072(b)(9)
6. Residents shall be provided with adequate food pursuant to 80076, including between meal nourishment or snacks. 80076(a)(4)
7. Residents who require special diets including vegetarian diets, religious diets or diets based on health needs shall be provided with appropriate food.
8. Residents shall not be required to perform chores which are beyond the scope of expectations as outlined in the house rules or discipline information reviewed at placement by COUNTY worker and resident except on a voluntary basis and for compensation.
3) The right to adequate voluntary medical, dental and psychiatric care.
1. Non-medical staff shall not make medical decisions about the severity of an illness or injury or screen resident requests for medical attention without consultation with a physician, a nurse or a trained health practitioner.
2. Psychotropic medications shall not be administered without parental consent, court order or compliance with court policy for administration of psychotropic medications.
3. Facility staff shall respect the confidentiality of residents' medical or psychiatric treatment. Information about this treatment shall not be generally available to staff.
4. Residents have the right to a second opinion, if requested, before being required to undergo intrusive medical, dental or psychiatric procedures provided there is a resource for payment such as private insurance coverage for resident, Medi-Cal authorization, etc.
5. Residents have the right to contact their COUNTY social worker regarding receiving or rejecting medical or health related services. 80072(2)(9)
4) The right to fair treatment in administering rewards and punishments.
1. Facilities shall develop, maintain and implement written facility discipline polices and procedures meeting the requirements specified below:
Staff, residents and authorized representatives shall receive copies of such policies and procedures; copies of such policies and procedures shall be maintained in the resident's record.
Any form of discipline which violates a resident's personal rights as specified in Sections 80072 and 84072 shall be prohibited. 84072.1(a)(b)
New residents should not always/automatically start on the lowest level of the incentives system.
Level assignment and privileges shall be consistent with the case plan/case plan update/court order(s).
They should not be punished for being new and/or being moved.
2. Residents shall have a right to appeal disciplinary actions that result in a loss of privileges. This appeal includes a right to notice of an alleged infraction, the intended punishment, and a decision by a third party using the grievance procedure as described in the program statement.
3. Residents have a right to file a complaint with the facility, as specified in Section 84072.2 84072(b)(2)
5) The right to contact with family members, COUNTY social workers, attorneys, Court Appointed Special Advocates and other designated adult supporters.
1. Residents shall have access to telephones in order to make and receive confidential call, provided that such calls are not prohibited by the resident's needs and service plan; are not prohibited as a form of discipline; do not infringe upon the rights of other residents; do not restrict availability of the telephone during emergencies; and, are not prohibited by court order or by the resident's authorized representative(s). 84072(b)(11)
2. Calls to the resident's authorized representative or placement agency or family members included in the service plan shall not be prohibited as a form of discipline. 84072(b)(11)(C)
3. Residents shall send and receive unopened correspondence, including court reports, unless prohibited by court order or by the resident's authorized representative(s). 84072(b)(12)
4. The facility will promptly and completely answer communications to the facility from resident's relatives and/or authorized representative(s) 84072(b)(4)
5. Level systems shall not restrict personal rights as defined in Title 22, Section 84072. These include the right to approved visitors; telephone calls to parents or relatives included in the case plan, COUNTY social workers, Court Appointed Special Advocates or attorneys; access to correspondence; and, access to medical care.
6) The right to education and community involvement.
1. Residents shall have the right to attend public school unless otherwise specified in their case plan.
2. Residents shall have the right to participate in extracurricular activities in accordance with the case plan. The facility shall provide transportation necessary to participate in these activities, to the extent possible and agreed upon. The facility shall make it possible for residents to attend church and community activities. 84079(a-c)
7) The right to work and develop job skills.
1. Residents shall be allowed to participate in education, employment and ILP services. Access to these services shall not be withheld. Transportation arrangements for residents who do not have independent arrangements shall be made. 80022(b)(10)
2. The facility shall assist each youth age 14 or over to develop vocational skills and obtaining documents necessary for employment. This may also include providing assistance in job training.
3. The facility shall support each youth who so desires in obtaining and maintaining employment by providing transportation, assisting in purchasing uniforms and providing other forms of support to the extend possible and agreed upon.
8) The right to social contacts.
Reprise 6 Residents shall have the right to have visitors visit privately during waking hours without prior notice, provided that such visitations are not prohibited by the resident's needs and services plan; do not infringe upon the rights of other residents; do not disrupt planned activities; and, are not prohibited by court order or by the resident's authorized representative(s) 84072(b)(5)
Reprise 23 Residents shall have access to telephones in order to make and receive confidential calls, provided that such calls are not prohibited by the resident's needs and service plan; are not prohibited as a form of discipline; do not infringe upon the rights of other residents; do not restrict availability of the telephone during emergencies; and, are not prohibited by court order or by the resident's authorized representative(s). 84072(b)(11)
Reprise 25 Residents shall send and receive unopened correspondence, including court reports, unless prohibited by court order or by the resident's authorized representative(s). 84072(b)(12)
9) The right to adequate clothing.
1. Residents shall possess their own clothes. 84072(b)(6)
10) The right to reasonable allowance.
1. Residents shall be provided an allowance no less frequently than once per month unless regulatory exception criteria are met. 84077(a)(2)
2. Residents shall possess and use their own cash resources except as specified in Section 84072(b)(8)
3. Residents' allowances may not be withheld unless regulatory criteria are met. Any amount of a resident's allowance that is withheld as a form of discipline must meet the requirements of 84026(a-c), including the requirements that the fines shall be used for the benefit of the individual resident or all residents in placement, separate accounting, etc. The circumstances under which fines are to be imposed shall be specified in writing. Allowances may not be withheld because a resident is working. 84026(a-c)
4. Residents' cash resources, including allowances, shall not be used for any basic services specified in the regulations such as toilet articles or basic clothing needs. 80026(f)
EXHIBIT A-II
LIC 613 (4/99), PERSONAL RIGHTS
COMMUNITY CARE FACILITIES AND CHILD CARE FACILITIES
Personal Rights - See Section 86072 for waiver conditions applicable to rehabilitation facilities. See Section 101223 for waiver conditions applicable to Child Day Care Facilities.
(A) All Facilities - Each person receiving services from a community care facility and/or child day care facility shall have rights which include, but are not limited to, the following:
(1) To be accorded dignity in his/her personal relationship with staff and other persons.
(2) To be accorded safe, healthful and comfortable accommodations, furnishing and equipment to meet his/her needs.
(3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of punitive nature, including but not limited to: interference with the daily living functions, including eating, sleeping, or toileting, or withholding of shelter, clothing, medication or aids to physical functioning.
(4) To be informed, and to have the authorized representative informed by the licensee of the provisions of law regarding complaints including, but not limited to, the address and telephone number of the licensing agency's complaint receiving unit, and of information regarding confidentiality.
(5) To be free to attend religious services or activities of his/her choice and to have visits from the spiritual advisor of his/her choice. Attendance at religious services, either in or outside the facility, shall be on a completely voluntary basis. (In child day care facilities, decisions concerning attendance at religious services or visits from spiritual advisors shall be made by the parents or guardians of the child).
(6) To leave or depart the facility at any time, except for house rules for the protections of clients or for minors and others from whom legal authority has been established. (Pertains to Community Care Facilities only).
(7) Not to be locked in any room, building, or facility premises by day or night.
(8) Not to be place in restraining devises without advance approval by the licensing agency.
(B) Residential Facilities - See section 86072 for waiver conditions applicable to rehabilitation facilities. In addition to (a) above, each person provided services by a residential facility should have and may exercise the following rights:
(1) To visit the facility with his/her relatives or authorized representative prior to admission.
(2) To have his/her relatives or authorized representative regularly informed by the facility of activities related to care and supervision including but not limited to modifications to needs and services plan.
(3) To have communications to the facility from his/her relatives or authorized representative answered promptly and completely.
(4) To be informed of the facility's policy concerning family visits and other communication with clients. This policy shall encourage regular family involvement and provide ample opportunities for family participation in activities at the facility.
(5) To have visitors, including advocacy representatives, visit privately during waking hours provided such visitation do not infringe upon the rights of other clients, unless prohibited by court order or the authorized representative.
(6) To wear his or her own clothes, to possess and control his/her own cash resources, to possess and use his/her own personal items, including his/her own toilet articles.
(7) To have access to individual storage space for his/her private use.
(8) To have access to telephones, to make and receive confidential calls, provided such calls do not infringe on the rights of other clients and do not restrict availability of telephone in emergencies.
(9) To mail and receive unopened correspondence unless prohibited by court order or by the authorized representative and for children to have ready access to letter writing materials and stamps.
(10) To receive assistance in exercising the right to vote.
(11) To receive or reject medical care or health-related services, except for minors and others from whom legal authority has been established.
(12) To move from the facility in accordance with the terms of the admission agreement.
Reference: California Code of Requisitions - General Licensing Requisition, Sections 90072, and 101223; Section 83072 Small Family Homes; Section 84072, Group Homes; Section 85072, Adult Residential Homes; Section 87072, Foster Family Homes; Section 87144, Residential Care Facilities for Elderly; and Section 102423, Family Day Care Homes.
EXHIBIT A-III
MINIMUM CLOTHING STANDARD
EXHIBIT A-IV
SPECIAL INCIDENT REPORTING GUIDE FOR RESIDENTIAL FACILITIES
SPECIAL INCIDENT REPORTING GUIDE FOR RESIDENTIAL FACILITIES:
GROUP HOMES (GH) AND FOSTER FAMILY AGENCY (FFA)
The Los Angeles County Departments of Children and Family Services and Probation have developed this reporting guide. It does not supercede the requirements outlined in California Code of Regulations Title 22, Sections 80061, 84061, 84805, and 89131; the Los Angeles County Foster Care Agreement; and the Los Angeles County Mental Health Placement Policies.
There is also certain information on the child that is to be maintained at the facility. Please refer to CCR Title 22, Sections 80070, 84070, 84070.1, 89179, and 89182 for the description of this material.
The provider shall maintain a copy of all reports as required in Sections 1 through 10 of this guide in the child's file in the facility. The provider shall also summarize the information in the child's quarterly reports to the county placement worker.
Children's files shall be retained at the facility for at least five years following the term of this Agreement.
Many of these special incident-reporting decisions require good judgement and sound discretion. If in doubt whether to report, call the appropriate agency for clarification. Whoever is reporting should be prepared for follow-up questions and have some expertise in the reporting procedure.
TABLE OF CONTENTS
TYPE OF INCIDENT PAGE #
1. BEHAVIOR INCIDENTS 2
2. OTHER SIGNIFICANT INCIDENTS 2
3. ILLNESS 3
4. INJURY OR ACCIDENT 3
5. SERIOUS INJURY, ILLNESS OR ACCIDENT 3
6. DEATH 3
7. UNAUTHORIZED ABSENCE (AWOL) 3
8. CHILD ABUSE 4
9. SIGNIFICANT CHANGES IN GROUP HOMES AND FOSTER FAMILY AGENCIES 4
10. SIGNIFICANT INCIDENTS WHICH INVOLVE THE COMMUNITY OR PHYSICAL PLANTSAND MAY HAVE SERIOUS IMPACT ON THE RESIDENTS, e.g. EPIDEMICS, POISONING, CATATROPHES, FLOODS, EXPLOSIONS, EARTHQUAKE DAMAGE, ANY FIRES, OR ANY OTHER POTENTIALLY DANGEROUS ENVIRONMENT. 5
(Any incidents that threaten the physical health, emotional health, or continued safety of any child, e.g. substance abuse, physical violence, manual restraints, suicide attempts, sexually related incidents, school incidents, police contacts, and disruptive behavior by parents or other visitors) [NOTE: For DCFS children removed from a facility by law enforcement, also immediately call the DCFS crisis team at (1-800) 225-0256, PIN #661469. For Probation children, call Probation Central Placement at (562) 940-2834.]
NOTE:
· QAD in the tables below means the Los Angeles County DCFS Quality Assurance Division.
· GHS in the tables below means the Los Angeles County DCFS Group Home Support Unit.
· DMH in the tables below means the Los Angeles County DCFS Department of Mental Health.
HOW |
TO WHOM |
WHEN |
Telephone
|
Admitting Parent(s)/Conservator (DMH children only) |
Immediately or the next workday |
County Placement Worker |
Immediately or the next workday | |
QAD/Probation Consultant |
Immediately or the next workday | |
Community Care Licensing |
Immediately or the next workday | |
Written |
Child's clinical file (DMH children only) |
Immediately or the next workday |
County Placement Worker |
Within 7 calendar days | |
QAD/Probation Consultant |
Within 7 calendar days | |
Community Care Licensing |
Within 7 calendar days |
A. Child not enrolled in school; child not regularly attending school.
HOW |
TO WHOM |
WHEN |
Telephone |
County Placement Worker |
Within 5 school days |
B. Child removed from facility without authorized representative's participation, e.g. relocation of a child to a satellite home, MacLaren Children's Center, Juvenile Hall or any other facility.
HOW |
TO WHOM |
WHEN |
Telephone |
Admitting Parent(s)/Conservator (DMH children only) |
Immediately or the next workday |
County Placement Worker |
Immediately or the next workday | |
Probation Consultant |
Immediately or the next workday | |
Community Care Licensing |
Immediately or the next workday | |
Written |
Child's clinical file (DMH children only) |
Immediately or the next workday |
Probation Consultant |
Immediately or the next workday | |
County Placement Worker |
Within 7 calendar days | |
Community Care Licensing |
Within 7 calendar days |
(E.g. common cold or flu that may or may not require medical treatment by physician)
HOW |
TO WHOM |
WHEN |
Telephone |
Parent/Guardian (DMH children only) |
Immediately or the next workday |
Written |
Parent/Guardian |
Within 7 calendar days |
Child's clinical file (DMH children only) |
Within 7 calendar days |
(Includes, but is not limited to, incidents requiring treatment by a medical physician. If in doubt, report to or call the required agency for clarification.)
HOW |
TO WHOM |
WHEN |
Telephone |
Parent/Guardian (DMH children only) |
Immediately or the next workday |
Probation Consultant |
Immediately or the next workday | |
Community Care Licensing |
Immediately or the next workday | |
Written |
Parent/Guardian |
Within 7 calendar days |
Community Care Licensing |
Within 7 calendar days | |
Probation Consultant |
Immediately or the next workday | |
Child's clinical file (DMH children only) |
Within 7 calendar days |
(Incidents requiring extended medical treatment of two or more doctor visits)
HOW |
TO WHOM |
WHEN |
Telephone
|
Parent/Guardian |
Immediately or the next day |
Community Care Licensing |
Immediately or the next workday | |
County Placement Worker |
Immediately or the next workday | |
QAD/Probation Consultant |
Immediately or the next workday | |
Written |
Child's clinical file (DMH children only) |
Immediately |
Community Care Licensing |
Within 7 calendar days | |
County Placement Worker |
Within 7 calendar days | |
QAD/Probation Consultant |
Within 7 calendar days |
HOW |
TO WHOM |
WHEN |
Telephone
|
County Placement Worker |
Immediately |
QAD/Probation Consultant
|
Immediately | |
Community Care Licensing |
Immediately or the next workday | |
Written |
Child's clinical file (DMH children only) |
Within 48 hours |
County Placement Worker |
Within 3 calendar days | |
QAD/Probation Consultant |
Within 3 calendar days | |
Community Care Licensing |
Within 7 calendar days |
Examples of reportable absences include absence from the facility without permission when: (1) The child's physical health, emotional health, or safety is threatened; (2) Failure to return to the facility at the appointed time after an approved absence.
HOW |
TO WHOM |
WHEN |
Telephone
|
Parent/Guardian |
Immediately |
Law Enforcement |
Immediately | |
County Placement Worker (For DCFS, use Child Abuse Hotline after hours) |
Immediately | |
QAD |
Immediately or the next workday | |
Probation Consultant |
Immediately (This is in addition to the mandatory stop requirements) | |
Community Care Licensing |
Immediately or the next workday | |
Written |
Child's clinical file (DMH children only) |
Within 36 hours |
County Placement Worker |
Within 36 hours | |
QAD/Probation Consultant |
Within 36 hours | |
Community Care Licensing |
Within 7 calendar days |
(All personnel are required by law to report known, suspected or alleged incidents of child abuse. Reference: Child Abuse Reporting Law, Penal Code Section 11165-11172 and 11174). Incidents include:
A. Sexual abuse or assault of a child.
B. Sexual exploitation including child pornography or prostitution.
C. Sexual activity involving minors who have not reached the age of consent.
D. A physical injury inflicted upon a child by another person by other than accidental means. This includes unlawful corporal punishment and willful cruelty or infliction of unjustifiable physical pain or punishment on a child by any person.
E. Neglect, including medical neglect.
F. Infliction of mental/emotional suffering.
HOW |
TO WHOM |
WHEN |
Telephone
|
Law Enforcement |
Immediately |
County Placement Worker (For DCFS, use Child Abuse Hotline after hours) |
Immediately | |
Parent/Guardian |
Immediately, if deemed appropriate by County Placement Worker, Child Abuse Hotline, or Law Enforcement | |
Community Care Licensing |
Immediately or the next workday | |
QAD/Probation Consultant |
Immediately or the next workday | |
Written |
Child's clinical file (DMH children only) |
Immediately |
Law Enforcement |
Within 36 hours | |
County Placement Worker |
Within 36 hours | |
QAD/Probation Consultant |
Within 36 hours | |
Community Care Licensing |
Within 7 calendar days |
NOTE: Use of State Form SS8572, "Suspected Child Abuse," is mandatory. Additional information may be provided on the "Special Incident Report (SIR)" form with a copy of SS8572 attached.
A. Any change in licensee's mailing address.
B. Any change in the plan of operation which affects service to children.
C. Any change of the Chief Executive Officer of a corporation or association.
D. A change in administration.
HOW |
TO WHOM |
WHEN |
Telephone
|
County Placement Worker |
Immediately upon anticipation of change; immediately upon occurrence or the next workday |
QAD/GHS/Probation Consultant |
Immediately upon anticipation of change; immediately upon occurrence or the next workday | |
Written |
County Placement Worker |
Within 36 hours |
QAD/GHS/Probation Consultant |
Within 36 hours | |
Community Care Licensing |
Within 7 calendar days |
E. Staffing disruption, e.g. strikes or staff shortages.
HOW |
TO WHOM |
WHEN |
Telephone
|
Community Care Licensing |
Immediately or the next workday |
County Placement Worker (DMH children only) |
Immediately or the next workday | |
QAD/GHS/Probation Consultant |
Immediately or the next workday | |
Written |
Community Care Licensing |
Within 7 calendar days |
QAD/GHS/Probation Consultant |
Within 7 calendar days |
HOW |
TO WHOM |
WHEN |
Telephone
|
Local fire authority for all fires and explosions (Section 80061(b)(1) of CCR) |
Immediately |
Local Health Officer for all epidemic outbreaks (Section 80061(b)(1) of CCR) |
Immediately | |
County Placement Worker |
Immediately or the next workday | |
QAD/GHS/Probation Consultant |
Immediately or the next workday | |
Community Care Licensing |
Immediately or the next workday | |
Written |
Local Health Officer |
Immediately |
County Placement Worker |
Within 7 calendar days | |
QAD/Probation Consultant |
Within 7 calendar days | |
Community Care Licensing |
Within 7 calendar days |
EXHIBIT A-V
REQUIREMENTS FOR MEDICAL/DENTAL EXAMS
FOR PLACED CHILDREN
The Department of Children and Family Services (DCFS) and Probation Department policy on medical/dental exam frequency is different from the State CHDP frequency and we are auditing to the DCFS and Probation policy.
All children two to nineteen (2-19) years of age shall receive medical and dental exams annually, within thirty days of the anniversary of placement at the facility.
PERIODICITY SCHEDULE FOR HEALTH ASSESSMENT REQUIREMENTS BY AGE GROUPS
Screening Requirement |
Age of Person Being Screened |
|||||||||||||||
Under 1 mo. |
1-2 mo. |
3-4 mo. |
5-6 mo. |
7-9 mo. |
10-12 mo. |
13-15 mo. |
16-23 mo. |
2 yr.* |
3 yr.* |
4-5 yr*. |
6-8 yr*. |
9-12 yr*. |
13-16 yr*. |
17-20 yr*. | ||
|
Interval Until Next Exam |
1 mo. |
2 mos. |
2 mos. |
2 mos. |
3 mos. |
3 mos. |
3 mos. |
6 mos. |
1 yr. |
1 yr. |
2 yr. |
3 yr. |
4 yr. |
4 yr. |
None | |
History and Physical Examination |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x |
x |
Dental Assessment |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x |
x |
Nutritional Assessment |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x |
x |
Development/Behavioral |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x |
x |
Anticipatory Guidance |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x |
x |
Tobacco Assessment |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x |
x | |
Pelvic Exam 1 |
x |
x | ||||||||||||||
Measurements |
||||||||||||||||
Head Circumference |
x |
x |
x |
x |
x |
X |
x |
x |
||||||||
Height/Length and Weight |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x | |
Blood Pressure |
x |
x |
x |
x |
x |
x | ||||||||||
Sensory Screening | ||||||||||||||||
Visual Activity Test (Snellen)2 |
x |
x |
x |
x |
x |
x | ||||||||||
Clinical Observation |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x | |
Audiometric 2 |
x |
x |
x |
x |
x |
x | ||||||||||
Non-audiometric |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x | |
Procedures/Tests | ||||||||||||||||
Tuberculin Test |
x |
x |
||||||||||||||
TB Exposure Risk Assessment |
x |
x |
x |
x |
x |
X |
x |
x |
x |
x |
x |
x |
x |
x |
x | |
Hematocrit or Hemoglobin |
||||||||||||||||
Urine Dipstick or Urinalysis |
x |
x |
x |
x |
x | |||||||||||
Blood Lead Test |
X |
x |
||||||||||||||
Blood Lead Risk Assessment |
x |
x |
X |
x |
x |
x |
x |
x |
||||||||
Other Laboratory Tests | ||||||||||||||||
VDRL RPR, or ART |
To be done when health history and/or physical examination warrants | |||||||||||||||
Gonorrhea Test |
To be done when health history and/or physical examination warrants | |||||||||||||||
Chlamydia Test |
To be done when health history and/or physical examination warrants | |||||||||||||||
Papanicolaou (Pap) Smear |
To be done when health history and/or physical examination warrants | |||||||||||||||
Sickle Cell |
To be done when health history and/or physical examination warrants | |||||||||||||||
Ova and Parasites |
To be done when health history and/or physical examination warrants | |||||||||||||||
Immunizations |
Administer as necessary to make status current | |||||||||||||||
*One check-up per year for foster children between the ages of 2 and 19 years
NOTE: Children coming under care who have not received all of the recommended procedures for an earlier age should be brought up to date as soon as appropriate.
1 Recommended for sexually active females and females age 18 years and older.
2 Snellen testing and audiometric testing should start at age 3 years if possible. Clinical observation and non audiometric testing may be substituted if child is uncooperative.
Department of Health Services, Primary Care and Family Health Division, Children's Medical Services Branch
EXHIBIT A-VI
ADMINISTRATION OF PSYCHOTROPIC MEDICATION
TO CHILDREN SUPERVISED BY DCFS AND PROBATION DEPARTMENT
EXHIBIT A-VII
EMANCIPATION PREPARATION CONTRACT
EXHIBIT A-VIII
GROUP HOME PROGRAM STATEMENT GUIDELINES
LIC 9106 AND DCFS AMENDMENT
COMMUNITY CARE LICENSING DIVISION
GROUP HOME PROGRAM STATEMENT
TABLE OF CONTENTS
NAME OF PROGRAM |
RATE PROGRAM NUMBER |
DATE |
(Use this sheet as the Table of Contents for your Group Home Program Statement. Number tabbed dividers to correspond to the numbers in the column titled "Section Number". Place appropriate material behind the tabbed divider. Place material, in the order shown, in a three-ring binder or folder. When submitting revised material, write the date of the revision in the column titled "Date Revised.")
SECTION
NUMBER REVISED
PART I: PROGRAM IDENTIFICATION.................................................................. 1 ________
PART II: PROGRAM POPULATION, SERVICES & CAPABILITIES............................. 2 ________
PART III: PROGRAM NARRATIVE
A. PROGRAM DESCRIPTION
PURPOSE, METHODS, GOALS......................................................... 3 ________
PLANNED ACTIVITIES/USE OF COMMUNITY RESOURCES.................. 4 ________
SPECIAL SERVICES/PROGRAMS OFFERED...................................... 5 ________
MEDICAL/DENTAL.......................................................................... 6 ________
TRANSPORTATION........................................................................ 7 ________
B. ADMISSION/ASSESSMENT/DISCHARGE POLICIES AND PROCEDURES
ADMISSION/INTAKE........................................................................ 8 ________
NEEDS & SERVICES PLANS/ASSESSMENT....................................... 9 ________
DISCHARGE/REMOVAL................................................................... 10 ________
VISITION RULES & POLICY.............................................................. 11 ________
HOUSE RULES............................................................................... 12 ________
C. GENERAL POLICIES AFFECTING CHILDREN PLACED
DISCIPLINE POLICIES..................................................................... 13 ________
EMERGENCY INTERVENTION PLAN................................................. 14 ________
RUNAWAY PLAN............................................................................ 15 ________
CHILDREN'S COMPLAINT/GRIEVANCE PROCEDURES........................ 16 ________
HANDLING OF CHILDREN'S FUNDS, ALLOWANCES, & SALARIES......... 17 ________
CHORES........................................................................................ 18 ________
NUTRITION/SAMPLE MENU.............................................................. 19 ________
CLOTHING & INCIDENTALS.............................................................. 20 ________
D. STAFFING/ADMINISTRATIVE ORGANIZATION
STAFF SCHEDULE (LIC 500 OPTIONAL)............................................. 21 ________
STAFF QUALIFICATIONS................................................................. 22 ________
JOB DESCRIPTIONS........................................................................ 23 ________
INSERVICE TRAINING FOR STAFF.................................................... 24 ________
ADMINISTRATION........................................................................... 25 ________
VOLUNTEERS................................................................................ 26 ________
CONTROL OF REAL PROPERTY....................................................... 27 ________
FACILITY SKETCH (LIC 999 OPTIONAL)............................................. 28 ________
AFDC-FC WARRANTS..................................................................... 29 ________
BOARD OF DIRECTORS STATEMENT............................................... 30 ________
E. COUNTY REQUIREMENTS: SECTIONS 31-38
AMENDMENT TO LIC 9106, GROUP HOME PROGRAM STATEMENT
FOR FOSTER CARE AGREEMENT PROGRAM STATEMENT
1. Add to Part III, Section 4, 1. (page 11)
Include a statement that the facility administrator or designee will evaluate and approve all planned activity schedules prior to the events.
2. Add to Part III, Section 4, 2 (page 11)
Include the names, addresses, telephone numbers, grades/ages served, and any special education programs provided for all public and non-public schools used.
· Identify the staff position(s) / title(s) who functions as school liaison.
· Identify the staff position(s) / title(s) who supervises and ensures that residents do their homework.
3. Add to Part III, Section 5, 1. (page 11)
Describe the social work services:
· Indicate the number, frequency, by whom provided, and duration of individual therapy sessions.
· Indicate the number, frequency, by whom provided, and duration of group therapy sessions.
· Indicate the number, frequency, by whom provided, and duration of family therapy sessions.
· Include name & license # of Registered Supervisor if using licensed interns.
· Indicate the types (individual, group), number, frequency, by whom provided, and duration of substance abuse counseling sessions. Include names, addresses, and phone numbers of any community resources used.
· Describe how the facility social worker coordinates all elements of the needs and services plan with the other members of the treatment team (the psychiatrist, psychologist, and child care and supervision staff), including the specific tasks each member must perform.
4. Add to Part III, Section 5, l. (page 11)
Describe the mental health treatment services: (Do not include the social work services already described in #3 above.)
· Indicate the number, frequency, by whom provided, and duration of individual therapy sessions.
· Indicate the number, frequency, by whom provided, and duration of group therapy sessions.
· Indicate the number, frequency, by whom provided, and duration of family therapy sessions.
· Indicate the type of license held by all staff providing Mental Health Services.
5. Add to Part III, Section 5, 1. (page 11)
Describe any transitional services provided in which the permanency plan is return to parent or replacement to a less restrictive setting.
Describe in detail the continuity-of-care plan for residents where the permanency plan is long-term placement:
· Indicate agency's commitment to work with long-term residents and not request their replacement during critical periods of severe problems.
· Describe plan for treatment staff to maintain contact with a child and to maintain the continuity of the needs and services plan for that child where it is anticipated that he/she will return to your program after a psychiatric hospitalization or a temporary placement in a group home program with a more intensive treatment program to help stabilize him/her. Indicate name(s), address(es), and phone numbers of any psychiatric hospitals or other group home programs with which you have cooperative agreements to provide these emergency stabilization services.
· Describe plan to provide step-down services to a group home program with a less intensive treatment program, to a foster family agency, or to a foster home. Specify the transitional services the program provides and describe how you help insure the continuity of the needs and services plan in the new placement to which the child is going. Indicate other programs within your own agency (if applicable) or cooperative agreements with other group homes programs and foster family agencies in your region that will provide step-down services for graduating residents.
· Describe plan for transitional services for residents emancipating from the program. Indicate how you will help the resident beginning at the age of 14 establish connections in the community to which he/she will be going to meet his/her counseling, educational, medical, spiritual, and transportation needs including who (position title) will provide these services. Specify any after-care services including type, frequency, by whom provided, and duration.
6. Add to Part III, Section 5, 2. (page 11)
Describe the emancipation services. In all components of the emancipation program (independent living skills, vocational training, job experience, and an emancipation savings plan), include a time line by which most residents must accomplish certain tasks/milestones and how you will get the residents to meet this time line.
· Describe plan to teach independent living skills. Include the skills taught, where taught (on or off-grounds), by whom taught, how they are taught, and frequency. Include a statement that the facility will cooperate with the DCFS Independent Living Program (ILP) in addition to the facility's own program.
· List names, addresses, telephone numbers, and special programs for the vocational programs used and how often they are used.
· Describe the salaried on-ground jobs available for residents, the method of selecting who gets the jobs, and the salary for the jobs.
· Describe the types and availability of salaried off-grounds jobs for residents, the method of selecting who gets the jobs, and the means of transportation to and from the jobs.
· Describe how you will assist the resident in getting a job.
· Describe the plan for working minors to accumulate funds for emancipation, including teaching children the principles of fiscal responsibility and how to bank funds.
· Describe how the written discharge report will include the Emancipation Plan, including progress and activities, copies of all completed emancipation contracts (DCFS), and other significant achievements.
7. Add to Part III, Section 6, 1. (page 11)
Include the names, addresses, and telephone numbers of the doctor(s) and dentist(s) used. Indicate if they are CHDP providers. If not CHDP providers, indicate if they provide CHDP equivalent exams.
8. Add to Part III, Section 6, 2. (page 11)
Include the names, addresses, and telephone numbers of the emergency medical, dental and psychiatric services/providers used.
9. Add to Part III, Section 7, 1. (page 12)
Indicate the type, make, model, and year of each vehicle used to transport residents including leased and owned vehicles. Indicate if staff vehicles will be used to transport residents.
10. Add to Part III, Section 9, 2. (page 12)
Describe the process for coordinating significant behavioral, treatment, school, emancipation, medical, family, and any other relevant information for the DCFS/Probation quarterly assessments and reports. Include who writes the quarterly reports.
11. Add to Part III, Section 13, 1. (page 13)
· Provide assurance that the facility will not use denial of home visits, school, or work attendance, as a means of discipline. Indicate that, if the staff perceive a safety issue with home visits, they will refer the decision to modify home visits to the DCFS social worker/probation officer.
· Describe the system of discipline and behavior modification incentives, including, if applicable, the use of a token economy, points, levels, or similar system.
· Indicate the staff position(s) / title(s) who enacts and the staff position(s) / title(s) who reviews disciplinary actions. Describe the procedure for the review of disciplinary actions.
12. Add to Part III, Section 16, 1. (page 14)
Include a copy of the written complaint/grievance procedures. Be sure to indicate involvement of the child's county worker in a timely manner.
13. Add to Part III, Section 17, 2. (page 14)
· Indicate frequency allowances are issued.
· Indicated minimum allowance if allowance is based on a points/levels system.
· Indicate if fines are used for behavior modification.
(Note: If fines are used, add the following two statements.)
1. The fines will not be assessed against the minimum allowance.
2. All monies collected shall be used for the benefit of the individual child or all children in placement (Section 84026(c) of Title 22).
14. Add to Part III, Section 19, (page 14)
· Describe any dietary restrictions imposed by the facility due to religious or philosophical issues.
· Describe the system for rotating stored foods to ensure freshness.
15. Add to Part III, Section 20, 1. (page 14)
· Indicate amount of monthly replacement clothing allowance and frequency of clothing inventories.
· Describe children's participation in the selection and purchase of replacement clothing.
· Describe the system for clothing repair.
· Describe the system for handling and securing clothing and personal property for both planned and unplanned terminations.
16. Add to Part II Section 20, 2. (page 14)
Indicate frequency for issuing clean bed linens, towels and wash cloths.
17. Add to Part III, Section 26, 1. (page 15)
Identify the staff position(s) /title(s) who supervises volunteers.
18. Add to Part III, Section 31, RELIGIOUS SERVICES
Describe the plan for providing residents the opportunity to attend the religious services of their choice. In addition, describe the plan for providing appropriate alternative activities and supervision for residents who do not wish to participate in religious services/activities.
19. Add to Part III, Section 32, INTERNAL COMMUNICATION RECORDS
· Describe system of record keeping and communications between the program staff and the program administration, i.e., house/cottage logs, special incident reports, individual behavioral observation logs, house/cottage inspection sheets, etc. Include samples of your forms.
· Identify the staff position(s) /title(s) who have access to and read each of these records.
· Identify the staff position(s) title(s) who reviews each of these records and indicate the frequency of the review(s).
20. Add to Part III, Section 33, SPECIAL INCIDENT REPORTING
Identify the staff position(s) /title(s) who reports illness, injuries, deaths and special incidents, i.e., physical/sexual abuse allegations, complaints, runaways, and other significant or unusual incidents. Add a statement that all reporting will be done according to the Special Incident Reporting Guide for Residential Facilities.
21. Add to Part III, Section 34, CHILD'S CASE FOLDER/FILE
List in detail the records maintained in the child's individual case folder/file. In addition, list other folder(s) / files(s) that contain child specific information, i.e., medical, school, therapy, etc.
22. Add to Part II, Section 35, CONSULTANTS
List all program/treatment consultants including their name(s), address(es), telephone number(s), number of hours worked per month, and duties.
23. Add to Part III, Section 36, NEIGHBORHOOD COMPLAINT PROCEDURES
Describe the procedure for handling complaints from the neighbors.
24. Add to Part II, Section 37, QUALITY ASSURANCE
Describe plan to maintain quality control in the delivery of contracted services. Discuss the role of both the children and the board of directors in the quality assurance evaluation process (including whether the board meets quarterly to discuss all licensing reports, special incident reports, financial and program audit reports, and any administrative actions against the facility or its employees per Section 84063(a)(8)(A) of Title 22).
25. Add to Part III, Section 38, ATTACHMENTS REQUIRED PRIOR TO CONTRACT
· A copy of the current CDSS license for each site approved for Los Angeles County DCFS/Probation use. Your certificate of insurance must include an endorsement indicating the sites that are covered in your insurance policy(ies) and which meet the insurance requirements indicated below. NOTE: included in this packet is a list of sites per group home that the County has approved for placement.
· An endorsed copy of the most recent filing of the Statement by Domestic Non Profit Corporation from the California Secretary of State. All official documents, including, but not limited to, any related licenses, the group home agreement (signature pages), insurance certificates and endorsements shall bear the legal name of your organization as it is indicated on your organization's Statement by Domestic Non Profit Corporation.
· If applicable, submit documentation regarding "DBAs" ("Doing Business As") and ficticious name status.
· Properly executed Certificate(s) of Insurance (Accord Certificate) together with the Additional Insured Endorsement (ISO endorsement form CG 20 10 11/85 or equivalent), and with the insurance coverage and carrier rating specified in Sections 29.0, General Insurance Requirements, and 30.0, Insurance Coverage Requirements, of the Agreement, both of which read as follows:
26. General Insurance Requirements
Without limiting CONTRACTOR's indemnification of COUNTY and during the term of this Agreement, CONTRACTOR shall provide and maintain, and shall require all of its subcontractors to maintain, the programs of insurance specified in this Agreement in Section 27.0, Insurance Coverage Requirements. Such insurance shall be primary to and not contributing with any other insurance or self-insurance programs maintained by COUNTY, and such coverage shall be provided and maintained at CONTRACTOR's own expense.
26.1 Evidence of Insurance: Prior to commencing services under this Agreement, certificate(s) or other evidence of coverage satisfactory to COUNTY shall be delivered to:
Contract Management Services
Department of Children and Family Services
425 Shatto Place
Los Angeles CA 90020
Such certificates or other evidence shall:
26.1.1 Specifically identify this Agreement.
26.1.2 Clearly evidence all coverages required in this Agreement.
26.1.3 Contain the express condition that COUNTY is to be given written notice by mail at least thirty (30) days in advance of cancellation for all policies evidenced on the certificate of insurance.
26.1.4 Include copies of the additional insured endorsement to the commercial general liability policy, adding the County of Los Angeles, its Special Districts, its officials, officers and employees as insureds for all activities arising from this Agreement.
26.1.5 Identify any deductibles or self-insured retentions for COUNTY's approval. The COUNTY retains the right to require CONTRACTOR to reduce or eliminate such deductibles or self-insured retentions as they apply to COUNTY, or, require CONTRACTOR to provide a bond guaranteeing payment of all such retained losses and related costs, including, but not limited to, expenses or fees, or both, related to investigations, claims administrations, and legal defense. Such bond shall be executed by a corporate surety licensed to transact business in the State of California.
26.2 Insurer Financial Ratings: Insurance is to be provided by an insurance company acceptable to the COUNTY with an A.M. Best rating of not less than A:VII, unless otherwise approved by COUNTY.
26.3 Failure to Maintain Coverage: Failure by CONTRACTOR to maintain the required insurance, or to provide evidence of insurance coverage acceptable to COUNTY, shall constitute a material breach of the Contract upon which COUNTY may immediately terminate or suspend this Agreement. COUNTY, at its sole option, may obtain damages from CONTRACTOR resulting from said breach. Alternatively, COUNTY may purchase such required insurance coverage, and without further notice to CONTRACTOR, COUNTY may deduct from sums due to CONTRACTOR any premium costs advanced by COUNTY for such insurance.
26.4 Notification of Incidents, Claims or Suits: CONTRACTOR shall report to COUNTY:
26.4.1 Any accident or incident relating to services performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against CONTRACTOR and/or COUNTY. Such report shall be made in writing within 24 hours of occurrence.
26.4.2 Any third party claim or lawsuit filed against CONTRACTOR arising from or related to services performed by CONTRACTOR under this Agreement.
26.4.3 Any injury to a CONTRACTOR employee which occurs on COUNTY property. This report shall be submitted on a COUNTY "Non-employee Injury Report" to the COUNTY contract manager.
26.4.4 Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of COUNTY property, monies or securities entrusted to CONTRACTOR under the terms of this Agreement.
26.5 Compensation for COUNTY Costs: In the event that CONTRACTOR fails to comply with any of the indemnification or insurance requirements of this Agreement, and such failure to comply results in any costs to COUNTY, CONTRACTOR shall pay full compensation for all costs incurred by COUNTY.
26.6 Insurance Coverage Requirements for Subcontractors: CONTRACTOR shall ensure any and all subcontractors performing services under this Agreement meet the insurance requirements of this Agreement by either:
26.6.1 CONTRACTOR providing evidence of insurance covering the activities of subcontractors, or
26.6.2 CONTRACTOR providing evidence submitted by subcontractors evidencing that sub-contractors maintain the required insurance coverage. COUNTY retains the right to obtain copies of evidence of subcontractor insurance coverage at any time.
27.0 Insurance Coverage Requirements
27.1 General Liability insurance (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than the following:
General Aggregate: $3 million
Products/Completed operations Aggregate: $1 million
Personal and Advertising Injury: $1 million
Each Occurrence: $1 million
27.2 Automobile Liability insurance (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than $1 million for each accident. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "any auto."
27.3 Workers Compensation and Employers' Liability insurance providing workers compensation benefits, as required by the Labor Code of the State of California or by any other state, and for which CONTRACTOR is responsible. If CONTRACTOR's employees will engaged in maritime employment, coverage shall provide workers compensation benefits as required by the U.S. Longshore and Harbor Workers' Compensation Act, Jones Act or any other federal law for which CONTRACTOR is responsible. In all cases, the above insurance also shall include Employers' Liability coverage with limits of not less than the following:
Each Accident: $1 million
Disease - policy limit: $1 million
Disease - each employee: $1 million
27.4 Professional Liability insurance covering liability arising from any error, omission, negligent or wrongful act of the CONTRACTOR, its officers or employees with limits of not less than $1 million per occurrence and $3 million aggregate."
· A copy of the current CDSS rate letter for each program.
· A completed Community Business Enterprise Program Certification. (See Exhibit O of the Agreement.)
· An original Corporate Board Resolution authorizing entry into the Agreement and specifying at least two individuals who may sign the Agreement.
Include as the last item a statement that you will complete and place in the personnel records the Confidentiality and Employer Acknowledgment and the Employee Confidentiality Agreement forms for all employees providing services to placed children under the Group Home Foster Care Agreement with Los Angeles County. (See Exhibit M of the Agreement.)
EXHIBIT B
CONTRACTOR'S PROGRAM STATEMENT
EXHIBIT B-1
BUDGET
WELFARE AND INSTITUTIONS CODE: SECTION 16001.9
16001.9. (a) It is the policy of the state that all children in foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health services.
(5) To be free of the administration of medication or chemical substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASA), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited by court order.
(8) To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her choice.
(11) To maintain an emancipation bank account and manage personal income, consistent with the child's age and developmental level, unless prohibited by the case plan.
(12) To not be locked in any room, building, or facility premises, unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child's age and developmental level.
(14) To work and develop job skills at an age-appropriate level that is consistent with state law.
(15) To have social contacts with people outside of the foster care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To review his or her own case plan if he or she is over 12 years of age and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
(20) To be free from unreasonable searches of personal belongings.
(21) To confidentiality of all juvenile court records consistent with existing law.
(b) Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
WELFARE AND INSTITUTIONS CODE: SECTION 16010
16010. (a) When a child is placed in foster care, the case plan for each child recommended pursuant to Section 358.1 shall include a summary of the health and education information or records, including mental health information or records, of the child. The summary may be maintained in the form of a health and education passport, or a comparable format designed by the child protective agency. The health and education summary shall include, but not be limited to, the names and addresses of the child's health, dental, and education providers, the child's grade level performance, the child's school record, assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement, a record of the child's immunizations and allergies, the child's known medical problems, the child's current medications, past health problems and hospitalizations, a record of the child's relevant mental health history, the child's known mental health condition and medications, and any other relevant mental health, dental, health, and education information concerning the child determined to be appropriate by the Director of Social Services. If any other provision of law imposes more stringent information requirements, then that section shall prevail.
(b) Additionally, any court report or assessment required pursuant to subdivision (g) of Section 361.5, Section 366.1, subdivision (d) of Section 366.21, or subdivision (b) of Section 366.22 shall include a copy of the current health and education summary described in subdivision (a).
(c) As soon as possible, but not later than 30 days after initial placement of a child into foster care, the child protective agency shall provide the caretaker with the child's current health and education summary as described in subdivision (a). For each subsequent placement, the child protective agency shall provide the caretaker with a current summary as described in subdivision (a) within 48 hours of the placement.
(d) (1) Notwithstanding Section 827 or any other provision of law, the child protective agency may disclose any information described in this section to a prospective caretaker or caretakers prior to placement of a child if all of the following requirements are met:
(A) The child protective agency intends to place the child with the prospective caretaker or caretakers.
(B) The prospective caretaker or caretakers are willing to become the adoptive parent or parents of the child.
(C) The prospective caretaker or caretakers have an approved adoption assessment or home study, a foster family home license, certification by a licensed foster family agency, or approval pursuant to the requirements in Sections 361.3 and 361.4.
(2) In addition to the information required to be provided under this section, the child protective agency may disclose to the prospective caretaker specified in paragraph (1), placement history or underlying source documents that are provided to adoptive parents pursuant to subdivisions (a) and (b) of Section 8706 of the Family Code.
(e) The child's caretaker shall be responsible for obtaining and maintaining accurate and thorough information from physicians and educators for the child's summary as described in subdivision (a) during the time that the child is in the care of the caretaker. On each required visit, the child protective agency or its designee family foster agency shall inquire of the caretaker whether there is any new information that should be added to the child's summary as described in subdivision (a). The child protective agency shall
update the summary with such information as appropriate, but not later than the next court date or within 48 hours of a change in placement. The child protective agency or its designee family foster agency shall take all necessary steps to assist the caretaker in
obtaining relevant health and education information for the child's health and education summary as described in subdivision (a).
(f) At the initial hearing, the court shall direct each parent to provide to the child protective agency complete medical, dental, mental health, and educational information, and medical background, of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the purpose of obtaining health and education information from the child' s parents or guardians at the initial hearing. The court shall determine at the hearing held pursuant to Section 358 whether the medical, dental, mental health, and educational information has been
provided to the child protective agency.
EXHIBIT D
DCFS 4389 (4/94), DECLARATION IN SUPPORT OF ACCESS TO JUVENILE RECORDS (WIC 827)
Name, Address and Telephone
|
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
JUVENILE COURT
IN THE MATTER OF: |
Juvenile Case Number |
A MINOR Date of Birth:____________________ |
DECLARATION IN SUPPORT OF ACCESS
|
Section A:
TO BE CHECKED BY PROSECUTIORIAL AGENCIES, LAW ENFORCEMENT AGENCIES AND CHILD PROTECTIVE AGENCIES:
[ ] Access to juvenile records in the within matter is necessary and relevant in connection with and in the course of criminal investigation or a proceeding brought to declare a person a dependent child or ward of the juvenile court.
Section B:
ALL OTHERS MUST COMPLETE THE FOLLOWING:
[ ] Access to juvenile records in the within matter is necessary to accomplish the legitimate goals of the juvenile justice system as follows:
[ ] Evaluate minor or family background
[ ] Evaluate treatment plan
[ ] Audit juvenile justice system
[ ] Other ______________________________________________________________________
Any records or reports or information relating to the contents of these records or reports will not be disseminated to any persons or agencies not authorized to receive documents under Section 8927 Welfare and Institutions Code, nor will nay records or reports or portions thereof or any information relating to the contents, be made attachments to any other documents used in connections with a criminal investigation or proceeding to declare a minor a ward or dependent child of the juvenile court.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: __________________ at: ________________________________________________
(Place)
________________________________________________
(Signature)
EXHIBIT E
DCFS 709 (1/94) FOSTER CHILD'S NEEDS AND
CASE PLAN SUMMARY
California Department of Social Services (CDSS) Manual of Policies and Procedures, Division 31, Section 31-405.1 (1) requires placement agency workers to inform out-of-home care services providers of any known or suspected dangerous behaviors of a child being placed.
Child's Name: __________________________________________________________
DOB: ____________________________________ DOP: ______________________
The following is all that is known to the placing agency with respect to the known or suspected dangerous behaviors of the above named chiId (check appropriate box for each item):
1. Violence towards others, physically threatening and/or assaultive behavior; property destruction or damage; cruelty to animals; robbing/stealing with use of force or weapons; gang activity or involvement.
_ No known history. _ Yes, known or suspected history
Specify and describe oh reverse side.
2. Violence towards self: suicide attempts/ideation; deliberate harm to self; drug overdoses.
_ No known history. _ Yes, known or suspected history
Specify and describe oh reverse side.
3. Sexual Maladjustment Problems sexual molestation of others: rape: sexual acting out.
_ No known history. _ Yes, known or suspected history
Specify and describe oh reverse side.
4. Arsonous behavior, fire setting or arson.
_ No known history. _ Yes, known or suspected history
Specify and describe oh reverse side.
By signing below, the placement worker acknowledges that all known and/or suspected dangerous behaviors of the child have been disclosed and discussed with the service provider and the service provider understands that this information is confidential and any unauthorized disclosure could result in a fine up to $1, 000.00.
_____________________________ ______________________________
Signature (Placement Worker) Signature (Service Provider)
Agency ______________________ Agency _______________________
Date ________________________ Date _________________________
31-405 SOCIAL WORKER RESPONSIBILITIES FOR PLACEMENT
1. When arranging for a child's placement the social worker shall:
(a) Meet the requirements specified in Section 31-515 when placing an Indian child.
(b) Assist each child in understanding the reason(s) for placement.
(c) Arrange for pre-placement visitation between the child and the out-of-home care provider, if possible.
(d) Assist each child to maintain his/her cultural and ethnic identity.
(e) Monitor the child's physical and emotional condition, and take necessary actions to safeguard the child's growth and development while in placement.
(f) Ensure that information regarding available CHDP services is provided to the out-of-home care provider within 30 days of the date of placement
(g) Ensure that the child receives medical and dental care which places attention on the preventive health services through the Child Health and Disability Prevention (CHDP) program, or equivalent preventive health services in accordance with the CHDP program's schedule for periodic; health assessment
(1) Each child in placement shall receive a medical and dental examination, preferably prior to but not later than, 30 calendar days after placement.
(h) Make certain that arrangements for and monitoring of the child's educational progress while in placement are undertaken.
(i) Make arrangements for the out-of-home care provider to have telephone access to a social worker 24-hours-a-day, seven-days-a-week, in case of emergencies involving his/her foster child(ren).
(j) Ensure that the out-of-home care provider understands and supports the child's case plan, and is aware of any change(s) thereto.
(k) Provide the out-of-home care provider the child's background information as available, including, but not limited to, the following histories
(1) Educational.
(2) Medical.
(3) Placement.
(4) Family.
(5) Behavioral.
(l) Provide the out-of-home care provider(s) information of any known or suspected dangerous behavior of the child being placed
(1) The social worker shall document in the case record any information provided to the out-of-home care provider(s) regarding the child's known or suspected dangerous behavior, including the following:
(a) Date information was provided.
(b) Name of person receiving information.
(c) Specific facts provided.
(d) Affirmation that the person informed was advised that the facts were confidential and that unauthorized disclosure could result in a fine up to $1,000.
(m) Ensure completion of the documentation necessary to initiate AFDC-FC payments, as appropriate
(n) Assist the parents to understand their rights and responsibilities while their child is in foster care
(o) Document the reason(s) for the following, when applicable:
(1) The child's transfer to another placement location.
(2) The child's out-of-country or out-of-state placement
Authority Cited: Section 10553 and 10554, Welfare and Institutions Code.
Reference: Section 16501, Welfare and Institutions Code.
EXHIBIT G
PROBATION CASE PLAN FORM (PROB 1385)
LOS ANGELES COUNTY PROBATION DEPARTMENT
FOSTER CARE CASE PLAN
Date Completed _________________
Minor's Name: _______________________________________ PDJ# _________________
Date of Birth: ______________ Place of Birth: ____________________ School Grade _______
SS# ________________________ Medical # _________________________
Parents/Guardian
Parent Name Address Relationship
1._______________________________________________________________________________
2._______________________________________________________________________________
3._______________________________________________________________________________
4._______________________________________________________________________________
Child's Name: D.O.B. Address Relationship
1._______________________________________________________________________________
2._______________________________________________________________________________
3._______________________________________________________________________________
4._______________________________________________________________________________
Date of Suitable Placement Order: ________________________________
Date of Placement: ________________________________
Minor's current placement _____________________________________________
Agency Address: _________________________________________________________________________
_________________________________________________________________________
Case Plan dates: From: ______________ To: _________________
_ Initial Assessment _ Modification of needs/plan
_ Reassessment
CASE PLAN GOAL
_ Family Reunification _ Permanency Planning
_ Return Home _ Long term Foster Care with relative
_ Independent Living Program
_ Return to dependent status
_ Adoption or legal guardianship
1. Describe circumstances resulting in Probation supervision under a Suitable Placement order: | ||
2. Needs assessment: Provide an assessment of minor's needs. | ||
Family Therapy
|
Special Education Assessment - IEP
|
Independent Living Skills
|
3. Assessment of Family - Indicate strength and weaknesses: | ||
4. Description of type of placement that will best meet minor's needs: | ||
5. List prior placements if any (include any DCFS - 300 WIC dependent status cases) |
_ Relative to be assessed for possible subsequent placement: |
Name: _____________________________________________________________________
|
6. Visitation Schedule - describe plane for the schedule of visits: |
a) Between child and family: (Provide explanation if no visits are made) |
b) Include DPO schedule for visits to group home: (at least one per month) |
Out-of-County Placement-Reason
Meets the needs of minor/special program needs
Local placement not available
Program provides _____________________ counseling
_Out-of-State Placement-Reason (complete only when court orders out-of-state placement)
Minor must be referred to the MDT for assessment and screening prior to out-of-state placement. It must also be authorized and approved by ICPC before out-of-state placement can be made.
Out-of-County Placement-Reason
Meets the needs of minor/special program needs
MDT recommends
Local placement not available
Court Ordered
Program provides _____________________ counseling
For out-of-state placement: explain what in-state facilities or services were used or considered and why they were not recommended. |
__________________________________________________________________________________
__________________________________________________________________________________
7. Goals and Objectives for Placement Treatment goals (personal, legal, academic, vocational, emancipation preparation, psychological counseling, etc.) for each identified goal, specify the activities and services to be provided and identify the parent, the child, and the Deputy Probation Officer | |
|
Problem #1 _________________________________________________________________________________ | |
|
Objectives/activities: _________________________________________________________________________________ | |
|
Services to be provided: _________________________________________________________________________________ | |
|
Minor's responsibilities:
| |
|
Problem #2 _________________________________________________________________________________ | |
|
Objectives/activities: _________________________________________________________________________________ | |
|
Services to be provided: _________________________________________________________________________________ | |
|
Minor's responsibilities:
| |
Goals and Objectives for Placement Treatment goals (personal, legal, academic, vocational, emancipation preparation, psychological counseling, etc.) for each identified goal, specify the activities and services to be provided and identify the parent, the child, and the Deputy Probation Officer | |
|
Problem #3 _________________________________________________________________________________ | |
|
Objectives/activities: _________________________________________________________________________________ | |
|
Services to be provided: _________________________________________________________________________________ | |
|
Minor's responsibilities:
| |
|
Problem #4 _________________________________________________________________________________ | |
|
Objectives/activities: _________________________________________________________________________________ | |
|
Services to be provided: _________________________________________________________________________________ | |
|
Minor's responsibilities:
| |
8. Health Information and Physical Assessment | |
Describe physical condition of child. Note any medical, dental and vision problems, medications the child is taking, and any past problems of physical restrictions. | |
9. Mental Health Assessment and Information | |
Psychological Evaluation completed? _ No _ Yes Date: | |
MINOR'S MEDICAL/DENTAL PLAN | |
Doctor/Clinic and Address: _________________
Last Physical Exam: ______________________
Next Appointment: _______________________
Immunization Record Attached _ |
Dentist and Address: _____________________
Last Physical Exam: ______________________
Next Appointment: _______________________
|
10. Education Status and Background - Describe past and present school performance, any learning disabilities, behavior and academic standing, attach IEP if special education case.) | |
Current School: _______________________________________________
| |
11. Type of school program that minor will require during placement. Special Education _Yes _ No |
Educational Assessment needed? _Yes _ No |
IEP Attached? _Yes _ No |
12. Family Treatment Goals (Describe case goal for reunification or legal permanency planning) |
How will families participate in minor's treatment? What services will be used for reunification? |
13. If case plan does NOT involve adoptive planning, document the qualifying "compelling" reason(s): |
_ A. (The parent or legal guardians have maintained regular visitation and contact with the minor and the minor would benefit from continuing the relationship.) |
_ B. (The permanent plan is for the minor to return to his or her own home.) |
_ C. A child 12 years or older objects to termination of parental rights. |
_ D. Minor is placed in residential treatment facility, adoption is unlikely or undesirable, continuation of parental rights will not prevent finding the minor a permanent family placement if the parents cannot resume custody when residential care is no longer needed. |
14. Independent Living Services and Planning (is minor age 16 years and over?) _Yes _ No
|
1) Explain what program and services are being provided to assist minor in his transition from
|
2) Give date of last review of minors emancipation contract _____________________. |
15. SUBSEQUENT CASE PLANS ONLY: PROGRESS - Explain the services that have been provided since last Case Plan with an evaluation of appropriateness and effectiveness of services during that time frame. |
I (We) have reviewed this Case Plan with the Probation Officer.
_________________________________________________ __________________
Minor Date
__________________________________________________ __________________
Parent/Legal Guardian Signature Date
__________________________________________________ __________________
Parent/Legal Guardian Signature Date
__________________________________________________ __________________
Placement Caseworker Date
__________________________________________________ __________________
Deputy Probation Officer Date
__________________________________________________ __________________
Supervising Deputy Probation Officer Date
Copy given to parent: _ no _ yes, date _________________________________
Copy mailed to parent: _ no _ yes, date ________________________________
Date Medical/Educational passport provided to placement agency: ____________________
CASE PLAN TO BE REVIEWED WITHIN SIX MONTHS:
Next review to be on or before: ___________________________
EXHIBIT H
SOC 154 (12/93), AGENCY- GROUP HOME AGREEMENT
The following handbook is designed for inclusion in most contracts for services entered into by County departments. The purpose of the handbook is to establish accounting, internal control, financial reporting, and contract administration standards for organizations (contractors) who contract with the County.
AUDITOR-CONTROLLER
The purpose of this Handbook is to establish required accounting, financial reporting, and internal control standards for entities (contractor) which contract with the Los Angeles County.
The accounting, financial reporting and internal control standards described in this Handbook are fundamental. These standards are not intended to be all inclusive or replace acceptable existing procedures or preclude the use of more sophisticated methods. Instead, this Handbook represents the minimum required procedures and controls that must be incorporated into a CONTRACTOR's accounting and financial reporting systems. The internal control standards described are those that apply to organizations with adequate staffing. Organizations with a smaller staff must attempt to comply with the intent of the standards and implement internal control systems appropriate to the size of their staff/organization. The CONTRACTOR's subcontractors must aIso follow these standards unless otherwise stated in the Agreement.
1.0 Basis of Accounting
Contractors may elect to use either the cash basis or accrual basis method of accounting for recording financial transactions. Monthly invoices must be prepared on the same basis that is used for recording financial transactions.
1.1 The County recommends the use of the accrual basis for recording financial transactions.
Accrual Basis
Under the accrual basis, revenues are recorded in the accounting period in which they are earned (rather than when cash is received). Expenditures are recorded in the accounting period in which they are incurred (rather than when cash is disbursed).
Accruals
Accruals shall be recorded observing the following:
· Only accruals where cash will be disbursed within six months of the accrual date should be recorded.
· Recorded accruals must be reversed in the subsequent accounting period.
1.2 If an agent elects to use the cash basis for recording financial transactions during the year:
· Necessary adjustments must be made to record the accruals at the beginning and the end of the contract.
· All computations, supporting records, and explanatory notes used in converting from cash basis to the accrual basis must be retained.
1.3 Prepaid Expenses
Prepaid expenses (e.g., insurance, service agreements, lease agreements, etc.) should only be expensed during a given Agreement year to the extent goods and services are received during that Agreement year.
2.0 Accounting System
Each agent shall maintain a double entry accounting system (utilizing debits and credits) with a General Journal, a Cash Receipts Journal, a General Ledger, and a Cash Disbursements Journal. The County recommends that a Payroll Register also be maintained. Postings to the General Ledger and Journals should be made on a monthly basis.
2.1 General Journal
A General Journal shall be maintained for recording adjusting entries, reversing entries, closing entries, and other financial transactions not normally recorded in the Cash Receipts Journal or Cash Disbursements Journal. Entries in the General Journal must be adequately documented, and entered in chronological order with sufficient explanatory notations.
Example: DR CR
Rent Expense $100
Rent Payable $100
To record accrued rent to March 31, 20XX
2.2 Cash Receipts Journal
A Cash Receipts Journal shall be maintained for recording all cash receipts (e.g., County warrants, contributions, interest income, etc.). The Cash Receipts Journal shall contain (minimum requirements) the following column headings:
- date
- receipt number
- cash debit columns
- income credit columns for the following accounts:
- County payments (one per funding source)
- Contributions
- Other Income (Grants, sales of supplies/services, rental income, miscellaneous revenue, fees, etc.)
- Description (Entries in the description column must specify the source of cash receipts.)
2.3 Cash Disbursements Journal
A Cash Disbursements Journal shall be maintained for recording all cash disbursements (e.g., rent, utilities, maintenance, etc.)
The Cash Disbursements Journal shall contain (minimum requirements) the following column headings:
_ date
_ check number
_ cash (credit) column
_ expense account name
_ description
Note (1) Separate expense columns are recommended for salary expense and other recurring expense classifications for each program.
Note (2) Entries in the description column must specify the nature of the expense and the corresponding expense classification if not included in the column heading.
Note (3) Checks should not be written to employees (other than payroll, mileage, travel, and petty cash custodian checks.)
A Check Register may be substituted for the Cash Disbursements Journal, but this is not recommended. If used, the Check Register must contain the same expense classifications and description information required when a Cash Disbursements Journal is used.
Disbursements without supporting documentation will be disallowed on audit. Cancelled checks and credit card statements (VISA, AMEX, department store, etc.) will not constitute acceptable support. (See Section A.3.2 and B.2.4) for additional guidance.
2.4 General Ledger
A General Ledger shall be maintained with accounts for all assets, liabilities, fund balances, expenditures, and revenues. Separate accounts must be maintained for each County program's expenses and revenues.
2.5 Chart of Accounts
A Chart of Accounts shall be maintained:
_ The County recommends that agents use the expense account titles on the monthly invoice submitted to the County.
_ If the contractor uses account titles which differ from the account titles on the monthly invoice, each account title must clearly identify the nature of the transaction(s) posted to the account.
_ Contractor must consistently post transactions that are of a similar nature to the same account. For example, all expenses for travel shall be posted to the account titled "travel" or "travel expense" and not intermixed with other expense accounts.
2.6 Payroll Register
The County recommends that a Payroll Register be maintained for recording all payroll transactions. The Register should contain the following:
_ Name
_ Position
_ Social Security Number
_ Salary (hourly wage)
_ Payment Record including:
_ accrual period
_ gross pay
_ itemized payroll deductions
_ net pay amount
_ check number
If a Payroll Register is not used, the information in (2.6) must be recorded in the cash disbursements journal.
CONTRACTOR will ensure compliance with all applicable federal and State requirements for withholding payroll taxes (FIT, FICA, FUTA, SIT, SIU, etc.), reporting, filing (941, DE-7, W-2, W-4 and 1099s), and all applicable tax deposits.
Contractor will ensure compliance with Internal Revenue Service guidelines in properly classifying employees and independent contractors.
2.7 Contractor Invoices
Each agent shall present an invoice to the County each calendar month to report the financial activity of the month. In addition, if advanced funding is involved, an invoice shall be presented at the beginning of the contract period. Invoices shall be prepared in the manner prescribed by the County's contracting department.
3.0 Records
Adequate care shall be exercised to safeguard the accounting records and supporting documentation. Any destruction or theft of the CONTRACTOR's accounting records or supporting documentation shall be immediately reported to the County.
3.1 Retention
All accounting records (e.g., journals, ledgers, etc.), financial records and supporting documentation (e.g., invoices, receipts, checks, etc.) must be retained for a minimum of five years after the termination of the CONTRACTOR's agreement.
3.2 Supporting Documentation
All revenues and expenditures shall be supported by original vouchers, invoices, receipts, or other documentation and shall be maintained in the manner described herein.
Invoices, receipts and canceled checks will be required to support an outlay of funds. Unsupported disbursements will be disallowed on audit. CONTRACTOR will be required to repay COUNTY for all disallowed costs. Photocopied invoices or receipts, any internally generated documents (i.e., vouchers, request for check forms, requisitions, canceled checks, etc.), and account statements do not constitute supporting documentation for purchases.
Supporting documentation is required for various types of expenditures as follows:
Payroll - time and attendance records signed by the employee and approved in writing by the supervisor, time distribution records by program accounting for total work time on a daily basis for all employees, records showing actual expenditures for Social Security and unemployment insurance, State and federal quarterly tax returns, federal W-2 forms, and federal W-4 forms.
Consultant Services - contracts, time and attendance records, billing rates, travel vouchers detailing purpose, time and location of travel, purchase orders and invoices for supplies and invoices or other supporting documentation detailing the nature of services provided.
Travel - travel policies of the CONTRACTOR (written); travel expense vouchers showing location, date and time of travel, purpose of trip, and rates claimed; vehicle mileage logs showing dates, destination and headquarters, purpose of trip, and mileage. Travel related to conferences should include conference literature detailing purpose of the conference. Reimbursement rates for mileage shall not exceed applicable federal guidelines.
Reimbursement for actual receipts or per diem rates for meal expenses shall not exceed the maximum County's reimbursement rate for employees.
Receipts shall be required for lodging for approved out-of-town travel dates. Maximum reimbursable lodging amount is the maximum County's reimbursement rate for employees for a single occupancy hotel accommodation.
Operating Expenses (e.g., utilities, office supplies, equipment rentals, etc.) - bona fide contracts or lease agreements, if any, and invoices and receipts detailing the cost and items purchased will constitute the primary supporting documentation. For internal control purposes, the CONTRACTOR may maintain vouchers, purchase orders, requisitions, stock received reports, bills of lading, etc.
Outside Meals - receipts and/or invoices for all meals, a record of the nature and purpose of each meal, and identification of the participants.
3.3 Payments to Affiliated Organizations or Persons
CONTRACTOR shall not make payments to affiliated organizations or persons for program expenses (e.g., salaries, services, rent, etc.) that exceed the lower of actual cost or the reasonable cost for such expenses. A reasonable cost shall be the price that would be paid by one party to another when the parties are dealing at arm's length (fair market price).
Organizations or persons (related parties) related to the CONTRACTOR or its members by blood, marriage, or through legal organization (corporation, partnership, association, etc.) will be considered affiliated for purposes of this Agreement. County shall be solely responsible for the determination of affiliation unless otherwise allowed and approved by the State or federal agencies.
Payments to affiliated organizations or persons will be disallowed on audit to the extent the payments exceed the lower of actual costs or the reasonable costs for such items.
3.4 Filing
All relevant supporting documentation for reported program expenditures and revenues shall be filed in a systematic and consistent manner. It is recommended that supporting documents be filed as follows:
- checks - numerically
- invoices - vendor name and date
- vouchers - numerically
- receipts - chronologically
- timecards - pay period and alphabetically
3.5 Referencing
Accounting transactions posted to the CONTRACTOR's books shall be appropriately cross-referenced to supporting documentation. It is recommended that expenditure transactions on the CONTRACTOR's books be cross-referenced to the supporting documentation as follows:
_ invoices - vender name and date
_ checks - number
_ vouchers -number
_ revenue - receipt number
Supporting documentation for non-payroll expenditures (i.e., operating expenditures) should be cross-referenced to the corresponding check issued for payment. If multiple invoices are paid with one check, all related invoices should be bound together and cross-referenced to the check issued for payment.
4.0 Donations and Other Sources of Revenue
Restricted donations and other sources of revenue earmarked specifically for the Contract must be utilized on allowable contract expenditures.
5.0 Audits
The agent will make available for inspection and audit to County representatives, upon request, during working hours, during the duration of the contract and for a period of five years thereafter, all of its books and records relating to the operation by it of each project or business activity which is funded in whole or part with governmental monies, whether or not such monies are received through the County. All such books and records shall be maintained at a location within Los Angeles County.
6.0 Single Audit Requirements
OMB Circular 133, "Audits of State, Local Governments and Non Profit Organizations" requires that certain organizations receiving federal awards, including pass-through awards, have annual audits. Details are contained in the respective Circular.
A copy of any Single Audit reports must be filed with the County within the timeframes prescribed by the applicable Circular.
7.0 Subcontracts
No CONTRACTOR shall subcontract services without the prior written consent of the County.
CONTRACTOR shall provide County with copies of all executed subcontracts and shall be responsible for the performance of their subcontractors.
Internal controls safeguard the CONTRACTOR's assets from misappropriations, misstatements or misuse. Each CONTRACTOR shall prepare necessary written procedures establishing internal controls for its personnel. The CONTRACTOR shall instruct all of its personnel in these procedures and continuously monitor operations to ensure compliance with them.
1.0 Cash Receipts
1.1 Separate Fund or Cost Center
All contract revenues shall be maintained in a bank account. If revenues from other sources are maintained in the same bank account, revenues for each source must be clearly identifiable on the accounting records through the use of cost centers or separate accounts.
1.2 Deposits
All checks shall be restrictively endorsed upon receipt.
Cash received shall be recorded on pre-numbered receipts. Checks shall be recorded on a check remittance log at the time of receipt.
Cash receipts (i.e., cash and checks) totaling $500 or more shall be deposited within one day of receipt. Collections of less than $500 may be held and secured and deposited weekly or when the total reaches $500, whichever occurs first.
Duplicate deposit slips shall be retained and filed chronologically, and shall contain sufficient reference information for comparison to the Cash Receipts Journal (and individual receipts, if applicable).
1.3 Separation of Duties
An employee who does not handle cash shall record all cash receipts.
1.4 Bank Reconciliations
Bank statements should be received and reconciled by someone with no cash handling, check writing, or bookkeeping functions.
Monthly bank reconciliations should be prepared within 30 days of the bank statement date and reviewed by management for appropriateness and accuracy. The bank reconciliations should be signed by both the preparer and the reviewer. Reconciling items should be resolved timely.
2.0 Disbursements
2.1 General
All disbursements for expenditures, other than petty cash, shall be made by check.
Blank check stock shall be secured and accounted for to preclude unauthorized use.
Checks shall not be payable to "cash" or signed in advance. Checks written to employees for reimbursement of out-of-pocket costs must be supported by receipts and invoices.
A second signature shall be required on all checks, unless otherwise specified in contract.
If the bookkeeper signs checks, a second signature shall be required on the checks, regardless of limits specified in contract.
Voided checks shall be marked void with the signature block cut out. The voided checks must be filed with the cancelled checks.
Unclaimed or undelivered checks shall be cancelled periodically.
All supporting documentation shall be referenced to check numbers and marked "paid" or otherwise canceled to prevent reuse or duplicate payments.
Disbursements without adequate supporting documentation will be disallowed on audit.
2.2 Approvals and Separation of Duties
Employees responsible for approving cash disbursements and/or signing of checks shall examine all supporting documentation at the time the checks are approved and signed.
All disbursements, excluding petty cash purchases, shall be approved by persons independent of check preparation and bookkeeping activities.
2.3 Petty Cash
A petty cash fund up to $500 may be maintained for payment of small incidental expenses incurred by the CONTRACTOR (e.g., postage due, small purchases of office supply items, etc.). The CONTRACTOR must obtain written approval from the County to establish a petty cash fund greater than $500.
Petty cash disbursements must be supported by invoices, store receipts or other external authenticating documents indicating the item purchased and the employee making the purchase. In the event that outside (external) supporting documentation is not obtainable for minor disbursements (under $10), such as parking meters, etc., then documentation shall be considered as proper supporting documentation on a basis of reasonableness. Petty cash disbursements should not be used as a substitute for normal purchasing and disbursement practices i.e., payment by check).
The petty cash fund shall be maintained on an imprest basis. A check should be drawn to set up the fund and to make periodic reimbursements. Receipts, vouchers, etc., supporting each fund replenishment must be bound together, filed chronologically and cross referenced to the reimbursement check.
2.4 Credit Cards
The use of credit cards, both CONTRACTOR issued credit cards and an employee's personal credit cards used on behalf of the CONTRACTOR, should be limited to purchases where normal purchasing and disbursement practices are not suitable.
Credit cards issued in the CONTRACTOR's name must be adequately protected and usage monitored to ensure that only authorized and necessary items are purchased.
Credit card purchases should be pre-approved by CONTRACTOR management to ensure that they are reasonable and necessary.
All credit card disbursements must be supported by original invoices, store receipts or other external authenticating documents indicating the item purchased and the employee making the purchase. Credit card statements are not sufficient support for credit card purchases.
3.0 Timekeeping
3.1 Timecards
Timecards or time reports must be prepared for each pay period. Timecards or time reports must indicate total hours worked each day by program and total hours charged to each of the CONTRACTOR's programs. Time estimates do not qualify as support for payroll expenditures and will be disallowed on audit.
All timecards and time reports must be signed in ink by the employee and the employee's supervisor to certify the accuracy of the reported time.
3.2 Personnel and Payroll Records
Adequate security must be maintained over personnel and payroll records with access restricted to authorized individuals.
Personnel and payroll records should include (but not be limited to) the following:
· Employee's authorized salary rate
· Employee information sheet
· Resume and/or application
· Proof of qualifications for the position, if required
(e.g., notarized copy or original diploma, license, etc.)
· Performance evaluations
· Criminal record clearance
· Citizenship Status
· Benefit balances (e.g., sick time, vacation, etc.)
Benefit Balances
Employee benefit balances (e.g., sick time, vacation, personal time, etc.) should be maintained on at least a monthly basis. Benefit balances should be increased when benefit hours are earned and decreased as hours are used.
Limitations on Positions and Salaries
The CONTRACTOR shall pay no salaries higher than those authorized in the contract, or the attachments thereto, except as proscribed by state or federal law.
If an employee serves in the same or dual capacities under more than one Agreement or program, the employee may not charge more than 100% of their time to the contracts or programs taken as a whole.
Salaried employees who work less than 40 hours per week shall be paid a salary that corresponds with the employee's work schedule.
The salary expense of salaried employees working on more than one Agreement or program shall be allocated to each program based on the ratio of the number of hours worked on each program during the pay period to the total number hours worked during the pay period.
The CONTRACTOR will make no retroactive salary adjustment for any employee without written approval from the County.
Separation of Duties
Payroll checks should be distributed by persons not involved in timekeeping, preparing of payroll, or reconciling bank accounts.
All employee hires and terminations, or pay rate changes, shall be approved by authorized persons independent of payroll functions.
All employee hires and terminations, or pay rate changes shall be approved in writing by authorized persons independent of payroll functions.
4.0 Fixed Assets
A fixed asset is defined as an article of nonexpendable tangible personal property having a useful life of more than two years. The County recommends all fixed assets with an acquisition cost of $1,000 or more per unit be capitalized.
Acquisition cost means the net invoice unit price of an item, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it was acquired.
4.1 Acquisition
Fixed asset purchases shall be approved by the Agency's Board of Directors or their authorized representative.
4.2 Identification and Inventory
All fixed assets purchased with Contract funds are to be used solely for the benefit of the Contract and should be appropriately tagged.
Each CONTRACTOR shall maintain a current listing of fixed assets, including the item description, serial number, date of purchase, acquisition cost and sources of funding.
An inventory of all fixed assets should be conducted at least once each year to ensure that all fixed assets are accounted for and maintained in proper working order.
4.3 Security
Physical security should be adequately maintained over fixed assets to prevent misuse and theft of County property.
4.4 Property Management
The CONTRACTOR shall assume responsibility and accountability for the maintenance of all non-expandable property purchased, leased, or rented with Contract funds.
The CONTRACTOR shall report promptly, in writing, to the County all cases of theft, loss, damage, or destruction of fixed assets. The report shall contain at a minimum, item identification, recorded value, facts relating to loss, and a copy of the law enforcement report.
CONTRACTOR shall dispose of or return to the County all fixed assets, in accordance with their Contract.
5.0 Bonding - All officers, employees, and agents who handle cash or have access to the agent's funds shall be bonded.
C. COST PRINCIPLES
1.0 Policy
It is the intent of the COUNTY to provide funds for the purpose of CONTRACTOR providing services required by the Agreement. CONTRACTOR shall use these funds on actual expenses in an economical and efficient manner and ensure they are reasonable, proper and necessary costs of providing services and are allowable in accordance with the applicable OMB Circular.
1.1. Limitations on Expenditures of Program Funds
CONTRACTOR shall comply with the Agreement and the applicable OMB Circular. The Circular defines direct and indirect costs, discusses allowable cost allocation procedures and the development of Indirect Cost Rates, and specifically addresses the allowability of a variety of different costs.
If a CONTRACTOR is unsure of the allowability of any particular type of cost or individual cost, the CONTRACTOR should request advance written approval from the County prior to incurring the cost.
1.2 Expenses Incurred Outside the Agreement Period
Expenses charged against program funds may not be incurred prior to the effective date of the Agreement or subsequent to the Agreement termination date.
1.3 Budget Limitation
Expenses may not exceed the maximum limits shown on the contract budget.
1.4 Unspent Funds
The County will determine the disposition of unspent program funds upon termination of the contract.
1.5 Necessary, Proper and Reasonable
Only those expenditures that are necessary, proper and reasonable to carry out the purposes and activities of the Program are allowable.
2.0 Allocation of Cost Pools
For CONTRACTORs that provide services in addition to the services required under contract, the CONTRACTOR shall allocate expenditures that benefit programs or funding sources on an equitable basis.
In accordance with the applicable OMB Circular, agencies shall define their allocable costs as either direct or indirect costs (as defined below) and allocate each cost using the basis most appropriate and feasible.
The CONTRACTOR shall maintain documentation related to the allocation of expenses (e.g., timecards, time summaries, square footage measurements, number of employees, etc.).
Under no circumstances shall allocated costs be charged to an extent greater than 100% of actual costs or the same cost be charged both directly and indirectly.
2.1 Direct Costs
Direct costs are those costs that can be identified specifically with a particular final cost objective (i.e., a particular program, service, or other direct activity of an organization). Examples of direct costs include salaries and benefits of employees working on the program, supplies and other items purchased specifically for the program, costs related to space used by employees working on the program, etc.
For all employees, other than general and administrative, the hours spent on each program (activity) should be recorded on employees' timecards and the payroll expense should be treated as direct charges and distributed on the basis of recorded hours spent on each program.
Joint costs (i.e., costs that benefit more than one program or activity) which can be distributed in reasonable proportion to the benefits received may also be direct costs.
Examples of bases for allocating joint costs as direct costs:
- Number of direct hours spent on each program
- Number of employees in each program
- Square footage occupied by each program
- Other equitable methods of allocation
2.2 Indirect Costs
Indirect costs are those costs that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. Examples of indirect costs include salaries, employee benefits, supplies, and other costs related to general administration of the organization, depreciation and use allowances, and the salaries and expenses of executive officers, personnel administration, and accounting.
Examples of bases for allocating indirect costs:
- Total direct salaries and wages
- Total direct costs (excluding capital expenditures and
other distorting items such as subcontractor payments)
2.3 Acceptable Indirect Cost Allocation Methods
OMB Circulars describe the following allowable methods for allocating indirect costs:
- Simplified allocation method
- Direct allocation method
- Multiple allocation base method
- Negotiated indirect cost rate
Simplified Allocation Method
This method can be used when an organization's major functions benefit from its indirect costs to approximately the same degree. Using this method, all allocable costs are considered indirect costs and an indirect cost rate is determined by dividing total allowable indirect costs by an equitable distribution base.
Example
Agency-wide indirect costs $250,000
Less: Capital expenditures 10,000
Allocable indirect costs 240,000
Total agency-wide indirect salaries $1,000,000
Indirect cost rate ($240,000/$1,000,000) 24%
Program direct salaries $100,000
Program indirect costs (24% x $100,000) $24,000
Direct Allocation Method
This method can also be used when an organization's major functions benefit from its indirect costs to approximately the same degree. Using this method, all costs except general administration and general expenses are treated as direct costs. Joint costs for depreciation, rental, facilities maintenance, telephone, and other similar expenses are prorated individually to each direct activity on a basis appropriate for that type of cost.
The remaining costs, which consist exclusively of general administration and general expenses are then allocated using the simplified allocation method previously discussed.
Multiple Base Allocation Method
This method can be used when an organization's major functions benefit from its indirect costs in varying degrees. Using this method, indirect costs are grouped to permit allocation of each grouping on the basis of the benefits provided to the major functions. Each grouping is then allocated individually using the basis most appropriate for the grouping being allocated.
2.4 Cost Allocation Plan
If the CONTRACTOR has a negotiated indirect cost rate approved by a federal agency, it shall submit a copy of the approval letter when requested by County.
If the CONTRACTOR does not have a negotiated indirect cost rate, CONTRACTOR shall submit an annual Agency-wide Cost Allocation Plan when requested by County. The Cost Allocation Plan shall be prepared in accordance with County instructions and the applicable OMB Circular and include the following information:
1. CONTRACTOR general accounting policies:
· Basis of accounting (cash or accrual)
· Fiscal year
· Method for allocating indirect costs (simplified, direct, multiple, negotiated rate)
· indirect cost rate allocation base
2. Identify the CONTRACTOR's direct and indirect costs (by category) and describe the cost allocation methodology for each category.
3. Signature of CONTRACTOR management certifying the accuracy of the plan.
Negotiated Indirect Cost Rates
Agencies have the option of negotiating an indirect cost rate or rates for use on all their Federal programs. The CONTRACTOR must submit a cost allocation plan to the federal agency providing the most funds to the organization. The approved indirect cost rate is then applied to the total approved direct cost base.
If CONTRACTOR has a federally approved indirect cost rate, CONTRACTOR shall submit a copy of the approval letter to COUNTY upon request.
D. UNALLOWABLE COSTS
OMB Circulars address the allowability of a variety of different costs. For all costs, there are certain restrictions and limitations; however, the following costs are not allowable under any circumstances:
- Bad debts
- Contingency provisions
- Contributions and donations
- Fines and penalties
- Fundraising activities
- Interest expense (unless expressly allowed by Federal guidelines)
- Losses on other awards
E. OVERPAYMENTS
If upon audit, or at any time during the Agreement year, it is determined that invoices submitted to the County and used as a basis for payments to the CONTRACTOR were inaccurate, County shall determine the total overpayment and require the CONTRACTOR to repay County. The County may withhold payments from CONTRACTOR's future payments for any amounts not returned to the COUNTY or credited to the Contract unless otherwise prohibited by State or federal regulations.
F. MISCELLANEOUS REQUIREMENTS
1.0 Insurance
CONTRACTOR is responsible for securing and maintaining insurance coverage as required by the Agreement. CONTRACTOR must notify County when insurance is revoked, reduced to a level or coverage less than required, or otherwise made ineffective.
Insurance shall include an endorsement naming the COUNTY as an additional insured.
2.0 Activity
No funds, materials, property, or services contributed to the COUNTY or the CONTRACTOR under this Agreement shall be used in the performance of any political activity, the election of any candidate, or the defeat of any candidate for public office.
EXHIBIT J
SEMI-ANNUAL EXPENDITURE REPORT
Group Home Foster Care Agreement - Semi-Annual Expenditure Report
Agency: Report Period:
Address: Number of Children:
Contract Person: Number of Group Homes Operated:
Phone #: Number of Child Care Days in Period:
Contract Number: RCL:
REVENUE AND EXPENDITURE SUMMARY | |||
Current quarter |
Year-To-Date |
||
A. Revenues |
|||
1. AFDC-FC Revenues |
$ |
$ | |
2. Other Government Revenue Sources |
|||
Total Revenues |
$ |
$ | |
B. Contract Expenditures |
|||
1. Child Care & Supervision (From Side B, Col. (1), Line V.) |
$ |
$ | |
2. Social Work Activity (From Side B, Col. (2), Line V.) |
|||
3. Food |
|||
4. Shelter Costs |
|||
5. Affiliated leases/leasebacks & Acquisition Mortgage
|
|||
6. Building & Equipment |
|||
7. Utilities |
|||
8. Vehicles & Travel |
|||
9. Child-Related |
|||
10. Executive Director Salary |
|||
11. Assistant Executive Director Salary |
|||
12. Administrator Salary |
|||
13. All Other Administrative Salaries |
|||
14. Administration (Less Admin. Salaries) |
|||
Total Expenditures |
$ |
$ | |
Net Income (Deficit) |
$ |
$ | |
I hereby certify to the best of my knowledge, under penalty of perjury, that the above report is true and correct, that the amount reported are traceable to Agency accounting records, and that all AFDC-FC monies received for the purposes of this program were spent in accordance with the contract program requirements, the agreement and all applicable Federal, State and County laws and regulations. Falsification of any amount disclosed herein shall constitute a false claim pursuant to California Government Code Section 12650 et seq.
Executive Director's Signature Date
(1) |
(2) | |
Child Care & |
Social Work | |
Supervision |
Activities | |
I. PAYROLL (DO NOT INCLUDE BENEFITS) |
$ |
$ |
II. FRINGE BENEFIT EXPENSE: |
||
1. FICA Employer Tax (include MEDICARE) |
$ |
$ |
2. Unemployment Coverage (State & Federal) |
||
3. Workers' Compensation Insurance |
||
4. Medical Insurance Expense |
||
5. Retirement |
||
6. Other (Specify below) |
||
TOTAL FRINGE BENEFITS (Add lines 1 through 6) |
$ |
$ |
III. TOTAL PAYROLL & FRINGE BENEFITS |
$ |
$ |
IV. CONTRACTOR COST |
$ |
$ |
V. TOTAL (Add Line III and Line IV) |
$ |
$ |
Transfer TOTALS on Line V. to Lines B.1 and B.2. on side A
Other Fringe Benefits: (From Line II.6. Above)
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The following are the instructions for completing the two page Department of Children and Family Services' (DCFS) Semi-Annual Expenditure Report.
Instructions for Page 1:
Provide identifying information by entering the agency's name, address, contact person, phone number, and reporting period.
For the Revenue and Expenditure Summary, revenues and expenditures should be reported based on actual revenue received and actual costs incurred during the reporting period. Year-to-date expenditures should reflect the reporting period of July 1 to June 30. Indicate the revenue and expenditures relating to the County of Los Angeles separately. The following is an explanation for completing each revenue and expenditure line item:
A. Revenues
1. AFDC-FC FFA Revenues
Report the total of all AFDC-FC FFA payments received on this line item. Do not include monies received for child clothing or any other non-AFDC-FC funds received.
2. Other Government Revenue Sources
Report the total of all other government revenues received from sources that were designated for use in providing care and services of children placed by the agency on this line item. This includes, but is not limited to, DCFS clothing allowances, funds received for the State school nutrition program, restricted donations and grant monies received.
B. Expenditures - For each line item cost enter total program expenditures that were incurred during the reporting period and cumulative year-to-date. If a cost item is shared among two or more programs, enter only the amount charged to the FFA program.
1. Administration Payroll
Report all payroll costs for executive and administrative staff.
2. Recruitment Payroll
Report all payroll costs for recruitment staff.
3. Training Payroll
Report all payroll costs for training staff.
4. Telephone and Telegraph
Report all costs related to telephone and telegraph.
5. Postage and Freight
Report all costs related to postage, mailings, and shipping.
6. Office Supplies
Report all costs incurred for office supplies.
7. Conferences, Meetings, In-Service Training
Report all costs, including travel and per-diem, related to conferences, meetings, and training.
8. Memberships, Subscriptions and Dues
Report all costs incurred for memberships, subscriptions, and dues,
9. Printing and Publications
Report all costs incurred for printing and publications.
10. Bonding, General Insurance
Report all costs incurred for bonding and general liability insurance.
11. Advertising
Report all costs incurred for advertising.
12. Miscellaneous
Report all other costs that are not included in any other specifically identified line items.
13. Building Rents and Leases
Report all costs incurred for rents or leases of buildings.
14. Acquisition Mortgage Principal and Interest
Report all costs related to acquisition mortgage principal and interest.
15. Property Appraisal Fees
Report all costs incurred for property appraisal fees.
16. Property Taxes
Report all costs incurred for payment of property taxes.
17. Building and Equipment Insurance
Report all costs incurred for building and equipment property insurance.
18. Utilities
Report all costs incurred for electricity, gas, water, sewer, and garbage.
19. Building and Equipment
Report all costs related to building maintenance, contracts, building supplies and any miscellaneous building expenses.
20. Equipment Leases
Report all costs incurred for equipment leases.
21. Equipment Depreciation Expense
Report all depreciation expense related to equipment.
22. Expendable Equipment
Report all costs incurred for purchases of expendable equipment.
23. Vehicle Leases
Report all costs related to vehicle leases.
24. Vehicle Depreciation
Report all depreciation expense related to vehicles.
25. Vehicle Operating Costs
Report all vehicle operating and maintenance costs.
26. Total Paid to Certified Family Homes (CFH)
Report all payments made to Agency CFH's.
27. Other Child Related Costs (Not Provided by CFHs)
Report all other child related costs incurred by the Agency. Do not include payments made to CFH's (reported in line 26).
28. Social Worker Payroll
Report all payroll costs for Agency employed social workers.
29. Social Worker Contracts
Report all costs for contracted social workers.
V. TOTAL
Upon completing Page 1 and Page 2 of the Semi-Annual Expenditure Report, the Executive Director must sign and date the report at the bottom of Page 2. By signing this form, the Executive Director is certifying under penalty of perjury that all information contained in the report is correct, that the amounts are traceable to agency accounting records, and that all program funds were spent in accordance with County, State and Federal laws. The report must be submitted by the 60th calendar day after the end of the reporting period to DCFS Quality Assurance Division, 425 Shatto Place, Los Angeles, California, 90020.
EXHIBIT K
AUDITOR-CONTROLLER
FISCAL AUDIT PROTOCOLS
AUDITOR-CONTROLLER AUDIT PHASES
AUDITS OF GROUP HOMES
I. Overview
To minimize delays and to increase understanding of the entire audit process by DCFS and Group Home Operators (referred herein as Agency), the following is a description of the audit protocols followed by the Auditor-Controller (A-C) during audits of Agency care contracts. All specified timeframes are estimates, and actual timeframes may differ depending on A-C staffing, workload, and coordination of scheduling with each agency.
II. Purpose of Audit
The purpose of the fiscal audit will be to ensure foster care monies are appropriately accounted for and spent on allowable and reasonable expenditures for providing the necessary care and services to children placed by DCFS and served by the Agency. We also evaluate the adequacy of the Agency's accounting records, internal controls, and compliance with the contract and applicable federal and State fiscal regulations governing the disbursement of foster care funds.
III. Applicable Regulations
We refer to the following regulations and guidelines in conducting our audits:
_ California Department of Social Services Manual of Policies and Procedures
_ California Code of Regulations, Title 22
_ County Foster Family Agency Foster Care Agreement including Exhibit D - DCFS Contract Accounting and Operating Handbook
_ Federal Office of Management and Budget Circular A-122, Cost Principles for Non-Profit Organizations
IV. Notification of Review
A-C staff will contact the Agency's representatives to notify them of the review and to arrange for an entrance conference. The entrance conference is to be held within 10 calendar days of this initial notification. A letter will be sent to the Agency confirming the scheduled entrance conference date, time and location and applicable documents that need to be available for our review. DCFS will be sent a copy of the confirmation letter.
V. Entrance Conference
At the entrance conference, A-C staff will introduce themselves, give a brief summary of the review objectives, discuss agency operating hours, work space, and the agency's audit contact person, and perform an inventory of the Agency's records requested in the confirmation letter. The Agency should ensure appropriate fiscal personnel are in attendance to answer any questions and discuss any concerns and problems encountered with Agency records.
VI. Preliminary
The preliminary work will start after the entrance conference. This phase is an educational process for A-C staff. Preliminary work will consist of becoming familiar with the Agency's accounting system and financial and accounting records, and evaluating its system of internal controls. From this work, the auditor will determine how the records will be tested and the extent of detailed test-work that will be performed in each area (i.e., billings, salaries, non-personnel expenditures, etc.)
It is important for the Agency to have its financial and accounting records available or prepare final schedules detailing all financial activities of the Agency for the audit review period. This will expedite our review and provide A-C staff with the population of transactions subject to review.
VII. Detailed Field Work
The detailed fieldwork is an extension of the preliminary work and involves a more in-depth review of accounting and financial records, documents and transactions. The auditor will be requesting information from the Agency in the various areas under review. The detailed fieldwork may take from three weeks to several months to complete, depending on contractor availability, accounting records, and other variables.
Preliminary findings will be verbally discussed with the agency during this stage of the review. After fieldwork is completed, audit staff will complete their draft report for supervisory review within the Auditor-Controller.
VIII. Issuance of Draft Report
Upon completion of supervisory review, A-C staff will provide a copy of the draft report to Agency. The Agency will have 15 calendar days from date of receipt of the draft report to research the findings and provide a written response and/or additional documentation. This step of the process is intended to ensure that inaccuracies are cleared up and necessary adjustments are made to the findings. It is important for the Agency to submit a written response to A-C staff and if appropriate provide additional documentation during this period so that disagreements as to the facts are minimized.
IX. Exit Conference
Depending on the audit findings, it may be necessary to have an exit conference to discuss the findings in the draft report. Either the Agency or the Auditor-Controller can request such a conference.
X. Final Report to the Board of Supervisors
After the time for response to the draft reports, consideration of agency's response and the results of any exit conference, the draft report will be revised as necessary to take into account Agency's response and any documentation provided at the exit conference. A-C staff will notify the Agency via phone of any revisions to the report. The final report will then be issued to the Board of Supervisors within 10 calendar days of receipt of Agency's response. The audit report will include a copy of Agency's written response to the draft findings.
In the event the Agency wishes to contest one or more findings of the final audit report, Agency may invoke the dispute resolution procedure of part 51.0 of this Agreement as follows: (1) within 10 days of its receipt of the final audit report Agency shall submit to DCFS' Quality Assurance Division a detailed written description of the audit finding(s) in dispute and the basis for Agency's disagreement, requesting dispute resolution; (2) DCFS and Agency shall without delay undertake to resolve Agency's dispute resolution request in accordance with Section 44.0, Dispute Resolution.
AUDITOR-CONTROLLER PROGRAM AUDIT PROTOCOL
PROGRAM AUDIT FINDINGS
1. An entrance conference is scheduled in advance at a mutually agreeable time with the CONTRACTOR and the Office of the Auditor-Controller staff to discuss the scope of the review. Prior to the conference, staff will have reviewed the CONTRACTOR's Program Statement and Agreement to become familiar with the program and to identify questions or issues to be addressed or clarified during the entrance conference.
2. All documentation must be available to the auditors, including but not limited to, employee records, children's case files containing clothing and food receipts, and those records identified in Section 10.0 of the Agreement, during the field work.
3. Upon completion of the fieldwork, a preliminary exit conference will be requested by COUNTY at which CONTRACTOR will be given a summary of the preliminary results to allow the CONTRACTOR to comment, and ensure all relevant documentation has been obtained. A due date of no less than three (3) business days from the time of this conference will be set by the auditor for CONTRACTOR to present additional documentation in response to the program audit finding. The due date may be extended by mutual agreement. Documentation provided after the due date may not be included in the draft program audit report and/or may delay completion of the audit process.
4. A draft report containing findings and recommendations will be developed within 30 business days of the due date for receipt of additional materials from CONTRACTOR and a final exit conference will be requested by COUNTY at the time draft is completed. Both the draft report and the request for an exit conference will be faxed/mailed to the CONTRACTOR's Executive Director. If CONTRACTOR responds to the request for a final exit conference, one will be scheduled within the ensuing two weeks of such request. The final exit conference may be held in person or by telephone, and participants will include the staff who are knowledgeable of the events in relation to the audit being discussed.
During the final exit conference, CONTRACTOR may respond to the wording in the report and provide additional comments to be added to the report. Documentation provided after the final exit conference may not be included in the final program audit report and/or may delay completion of the audit process. Highlights of the exit conference and noteworthy findings, if applicable, will be included in the executive summary of the report.
5. If COUNTY, in its sole discretion, deems it in COUNTY's best interest to allow CONTRACTOR to attempt correction of any violation or breach found by COUNTY, then COUNTY shall advise CONTRACTOR and the following shall occur. The CONTRACTOR shall respond to DCFS and/or Probation, in writing within fifteen (15) business days from the date of delivery of the signed final program audit report, as determined by postmark, with written notification that all recommendations have been implemented and audit exceptions have been corrected or why the finding(s) is/are in dispute, with appropriate documentation and a notice of dispute in accordance with Section 44.0 of the Agreement.
Failure to implement required corrective actions, even if a written notice of dispute (pursuant to Section 44.0 of the Agreement) has been given, may result in CONTRACTOR being placed on DO-NOT-REFER or DO-NOT-USE status.
EXHIBIT M
EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
CONTRACTOR EMPLOYEE ACKNOWLEDGMENT
AND CONFIDENTIALITY AGREEMENT
GENERAL INFORMATION
Your employer, _____________________________, has entered into a contract with the County of Los Angeles to provide various services to the County. Therefore, your signature is required on this employee acknowledgment and confidentiality agreement.
EMPLOYEE ACKNOWLEDGMENT
I understand that _____________________________, is my sole employer for purposes of this employment.
I rely exclusively upon ____________________________, for payment of salary and any and all other benefits payable to me or on my behalf during the period of this employment.
I understand and agree that I am not an employee of Los Angeles County for any purposes and that I do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles during the period of this employment.
I understand and agree that I do not have and will not acquire any rights or benefits pursuant to any agreement between my employer, _________________________________ and the County of Los Angeles.
CONFIDENTIALITY AGREEMENT
As an employee of __________________________________, you may be involved with work pertaining to County services and if so, you may have access to confidential data pertaining to persons and/or other entities who receive services from the County of Los Angeles. The County of Los Angeles has a legal obligation to protect all confidential data, especially data concerning welfare recipient records. If you are to be involved in County work, the County must ensure that you, too, will protect the confidentiality of all data. Consequently, you must sign this confidentiality agreement as a condition of your work to be provided to the County. Please read the agreement and take due time to consider it prior to signing.
I hereby agree that I will not divulge to any unauthorized person data obtained while performing work pursuant to the contract between __________________________________ and the County of Los Angeles.
I agree to forward all requests for the release of information received by me to my immediate supervisor.
I agree to report any and all violations of the above by any other person and/or by myself to my immediate supervisor and I agree to ensure that said supervisor reports such violation to the County of Los Angeles Department of Children and Family Services.
I acknowledge that violation of this agreement and acknowledgment may subject me to civil and/or criminal action and that the County of Los Angeles will seek all possible legal redress.
Employee's Signature: _______________________________________ Date:_____________________
Employee'sPrintedPosition/Title:__________________________________________________________
EXHIBIT N
HEALTH AND SAFETY CODE 1522
CALIFORNIA CODE
HEALTH AND SAFETY CODE
SECTION 1522
1522. The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a community care facility, foster family home, or a certified family home of a licensed foster family agency. Therefore, the Legislature supports the use of the fingerprint live-scan technology, as identified in the long-range plan of the Department of Justice for fully automating the processing of fingerprints and other data by the year 1999, otherwise known as the California Crime Information Intelligence System (CAL-CII), to be used for applicant fingerprints. It is the intent of the Legislature in enacting this section to require the fingerprints of those individuals whose contact with community care clients may pose a risk to the clients' health and safety.
(a) (1) Before issuing a license or special permit to any person or persons to operate or manage a community care facility, the State Department of Social Services shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has ever been convicted of a crime other than a minor traffic violation or arrested for any crime specified in Section 290 of the Penal Code, for violating Section 245 or 273.5, subdivision (b) of Section 273a or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for any crime for which the department cannot grant an exemption if the person was convicted and the person has not been exonerated.
(2) The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code.
(3) No fee shall be charged by the Department of Justice or the State Department of Social Services for the fingerprinting of an applicant for a license or special permit to operate a facility providing non-medical board, room, and care for six or less children or for obtaining a criminal record of the applicant pursuant to this section.
(4) The following shall apply to the criminal record information:
(A) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been convicted of a crime other than a minor traffic violation, the application shall be denied, unless the director grants an exemption pursuant to subdivision (g).
(B) If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b) is awaiting trial for a crime other than a minor traffic violation, the State Department of Social Services may cease processing the application until the conclusion of the trial.
(C) If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact.
(D) If the State Department of Social Services finds after licensure that the licensee, or any other person specified in paragraph (2) of subdivision (b), has been convicted of a crime other than a minor traffic violation, the license may be revoked, unless the director grants an exemption pursuant to subdivision (g).
(E) An applicant and any other person specified in subdivision (b) shall submit a second set of fingerprints to the Department of Justice for the purpose of searching the criminal records of the Federal Bureau of Investigation, in addition to the criminal records search required by this subdivision. If an applicant and all other persons described in subdivision (b) meet all of the conditions for licensure, except receipt of the Federal Bureau of Investigation's criminal history information for the applicant or any of the persons described in subdivision (b), the department may issue a license if the applicant and each person described in subdivision (b) has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction, as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after licensure, the department determines that the licensee or any other person specified in subdivision (b) has a criminal record, the license may be revoked pursuant to Section 1550. The department may also suspend the license pending an administrative hearing pursuant to Section 1550.5.
(b) (1) In addition to the applicant, this section shall be applicable to criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of staff.
(B) Any person, other than a client, residing in the facility.
(C) Any person who provides client assistance in dressing, grooming, bathing, or personal hygiene. Any nurse assistant or home health aide meeting the requirements of Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or re-certified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of his or her current certification, prior to providing care, to the community care facility. The facility shall maintain the copy of the certification on file as long as care is being provided by the certified nurse assistant or certified home health aide at the facility. Nothing in this paragraph restricts the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed community care facility pursuant to Section 1558.
(D) Any staff person, volunteer, or employee who has contact with the clients.
(E) If the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity.
(F) Additional officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person's capability to exercise substantial influence over the operation of the facility.
(2) The following persons are exempt from the requirements applicable under paragraph (1).
(A) A medical professional as defined in department regulations who holds a valid license or certification from the person's governing California medical care regulatory entity and who is not employed, retained, or contracted by the licensee if all of the following apply:
(i) The criminal record of the person has been cleared as a condition of licensure or certification by the person's governing California medical care regulatory entity.
(ii) The person is providing time-limited specialized clinical care or services.
(iii) The person is providing care or services within the person's scope of practice.
(iv) The person is not a community care facility licensee or an employee of the facility.
(B) A third-party repair person or similar retained contractor if all of the following apply:
(i) The person is hired for a defined, time-limited job.
(ii) The person is not left alone with clients.
(iii) When clients are present in the room in which the repairperson or contractor is working, a staff person who has a criminal record clearance or exemption is also present.
(C) Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who have a contract with a client or resident of the facility and are in the facility at the request of that client or resident's legal decision maker. The exemption shall not apply to a person who is a community care facility licensee or an employee of the facility.
(D) Clergy and other spiritual caregivers who are performing services in common areas of the community care facility or who are advising an individual client at the request of, or with the permission of, the client or legal decision maker, are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption shall not apply to a person who is a community care licensee or employee of the facility.
(E) Members of fraternal, service, or similar organizations who conduct group activities for clients if all of the following apply:
(i) Members are not left alone with clients.
(ii) Members do not transport clients off the facility premises.
(iii) The same organization does not conduct group activities for clients more often than defined by the department's regulations.
(3) In addition to the exemptions in paragraph (2), the following persons in foster family homes, certified family homes, and small family homes are exempt from the requirements applicable under paragraph (1):
(A) Adult friends and family of the licensee who come into the home to visit for a length of time no longer than defined by the department in regulations, provided that the adult friends and family of the licensee are not left alone with the foster children.
(B) Parents of a foster child's friends when the foster child is visiting the friend's home and the friend, foster parent, or both are also present.
(4) In addition to the exemptions specified in paragraph (2), the following persons in adult day care and adult day support centers are exempt from the requirements applicable under paragraph (1):
(A) Unless contraindicated by the client's individualized program plan (IPP) or needs and service plan, a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to the client.
(B) A volunteer if all of the following applies:
(i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.
(ii) The volunteer is never left alone with clients.
(iii) The volunteer does not provide any client assistance with dressing, grooming, bathing, or personal hygiene other than washing of hands.
(5) (A) In addition to the exemptions specified in paragraph (2), the following persons in adult residential and social rehabilitation facilities, unless contraindicated by the client's individualized program plan (IPP) or needs and services plan, are exempt from the requirements applicable under paragraph (1): a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to that client.
(B) Nothing in this subdivision shall prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has client contact.
(6) Any person similar to those described in this subdivision, as defined by the department in regulations.
(c) (1) Subsequent to initial licensure, any person specified in subdivision (b) and not exempted from fingerprinting shall, as a condition to employment, residence, or presence in a community care facility, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions. The licensee shall submit these fingerprints to the Department of Justice, along with a second set of fingerprints for the purpose of searching the records of the Federal Bureau of Investigation, or to comply with paragraph (1) of subdivision (h), prior to the person's employment, residence, or initial presence in the community care facility. These fingerprints shall be on a card provided by the State Department of Social Services or sent by electronic transmission in a manner approved by the State Department of Social Services and the Department of Justice for the purpose of obtaining a permanent set of fingerprints, and shall be submitted to the Department of Justice by the licensee. A licensee's failure to submit fingerprints to the Department of Justice or to comply with paragraph (1) of subdivision (h), as required in this section, shall result in the citation of a deficiency and the immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation. The department may assess civil penalties for continued violations as permitted by Section 1548. The fingerprints shall then be submitted to the State Department of Social Services for processing. Upon request of the licensee, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprints.
(2) Within 14 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided for in subdivision (a). If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprints.
Documentation of the individual's clearance or exemption shall be maintained by the licensee and be available for inspection. If new fingerprints are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprints, notify the licensee that the fingerprints were illegible. When live-scan technology is operational, as defined in Section 1522.04, the Department of Justice shall notify the State Department of Social Services, as required by that section, and shall also notify the licensee by mail, within 14 days of electronic transmission of the fingerprints to the Department of Justice, if the person has no criminal history recorded. A violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation. The department may assess civil penalties for continued violations as permitted by Section 1548.
(3) Except for persons specified in paragraph (2) of subdivision (b), the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted under this subdivision. If it is determined by the State Department of Social Services, on the basis of the fingerprints submitted to the Department of Justice, that the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273d, 273g, or 368 of the Penal Code, or a felony, the State Department of Social Services shall notify the licensee to act immediately to terminate the person's employment, remove the person from the community care facility, or bar the person from entering the community care facility. The State Department of Social Services may subsequently grant an exemption pursuant to subdivision (g). If the conviction or arrest was for another crime, except a minor traffic violation, the licensee shall, upon notification by the State Department of Social Services, act immediately to either (1) terminate the person's employment, remove the person from the community care facility, or bar the person from entering the community care facility; or (2) seek an exemption pursuant to subdivision (g). The State Department of Social Services shall determine if the person shall be allowed to remain in the facility until a decision on the exemption is rendered. A licensee's failure to comply with the department's prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall be grounds for disciplining the licensee pursuant to Section 1550.
(4) The department may issue an exemption on its own motion pursuant to subdivision (g) if the person's criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption pursuant to this paragraph.
(5) Concurrently with notifying the licensee pursuant to paragraph (3), the department shall notify the affected individual of his or her right to seek an exemption pursuant to subdivision (g). The individual may seek an exemption only if the licensee terminates the person's employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (3).
(d) (1) Before issuing a license, special permit, or certificate of approval to any person or persons to operate or manage a foster family home or certified family home as described in Section 1506, the State Department of Social Services or other approving authority shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any person specified in subdivision (b) has ever been convicted of a crime other than a minor traffic violation or arrested for any crime specified in Section 290 of the Penal Code, for violating Section 245 or 273.5, subdivision (b) of Section 273a or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for any crime for which the department cannot grant an exemption if the person was convicted and the person has not been exonerated.
(2) The criminal history information shall include the full criminal record, if any, of those persons.
(3) No fee shall be charged by the Department of Justice or the State Department of Social Services for the fingerprinting of an applicant for a license, special permit, or certificate of approval described in this subdivision. The record, if any, shall be taken into consideration when evaluating a prospective applicant.
(4) The following shall apply to the criminal record information:
(A) If the applicant or other persons specified in subdivision (b) have convictions that would make the applicant's home unfit as a foster family home or a certified family home, the license, special permit, or certificate of approval shall be denied.
(B) If the State Department of Social Services finds that the applicant, or any person specified in subdivision (b) is awaiting trial for a crime other than a minor traffic violation, the State Department of Social Services or other approving authority may cease processing the application until the conclusion of the trial.
(C) For the purposes of this subdivision, a criminal record clearance provided under Section 8712 of the Family Code may be used by the department or other approving agency.
(D) An applicant for a foster family home license or for certification as a family home, and any other person specified in subdivision (b), shall submit a set of fingerprints to the Department of Justice for the purpose of searching the criminal records of the Federal Bureau of Investigation, in addition to the criminal records search required by subdivision (a). If an applicant meets all other conditions for licensure, except receipt of the Federal Bureau of Investigation's criminal history information for the applicant and all persons described in subdivision (b), the department may issue a license, or the foster family agency may issue a certificate of approval, if the applicant, and each person described in subdivision (b), has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction, as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after licensure or certification, the department determines that the licensee, certified foster parent, or any person specified in subdivision (b) has a criminal record, the license may be revoked pursuant to Section 1550 and the certificate of approval revoked pursuant to subdivision (b) of Section 1534. The department may also suspend the license pending an administrative hearing pursuant to Section 1550.5.
(5) Any person specified in this subdivision shall, as a part of the application, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions or arrests for any crime against a child, spousal or cohabitant abuse or, any crime for which the department cannot grant an exemption if the person was convicted and shall submit these fingerprints to the licensing agency or other approving authority.
(6) (A) The foster family agency shall obtain fingerprints from certified home applicants and from persons specified in subdivision (b) and shall submit them directly to the Department of Justice or send them by electronic transmission in a manner approved by the State Department of Social Services. A foster family home licensee or foster family agency shall submit these fingerprints to the Department of Justice, along with a second set of fingerprints for the purpose of searching the records of the Federal Bureau of Investigation or to comply with paragraph (1) of subdivision (b) prior to the person's employment, residence, or initial presence. A licensee's failure to submit fingerprints to the Department of Justice, or comply with paragraph (1) of subdivision (h), as required in this section, shall result in a citation of a deficiency, and the immediate civil penalties of one hundred dollars ($100) per violation. The State Department of Social Services may assess penalties for continued violations, as permitted by Section 1548.
The fingerprints shall then be submitted to the State Department of Social Services for processing.
(B) Upon request of the licensee, who shall enclose a self-addressed envelope for this purpose, the Department of Justice shall verify receipt of the fingerprints. Within five working days of the receipt of the criminal record or information regarding criminal convictions from the Department of Justice, the department shall notify the applicant of any criminal arrests or convictions.
If no arrests or convictions are recorded, the Department of Justice shall provide the foster family home licensee or the foster family agency with a statement of that fact concurrent with providing the information to the State Department of Social Services.
(7) If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), has been convicted of a crime other than a minor traffic violation, the application shall be denied, unless the director grants an exemption pursuant to subdivision (g).
(8) If the State Department of Social Services finds after licensure or the granting of the certificate of approval that the licensee, certified foster parent, or any other person specified in paragraph (2) of subdivision (b), has been convicted of a crime other than a minor traffic violation, the license or certificate of approval may be revoked by the department or the foster family agency, whichever is applicable, unless the director grants an exemption pursuant to subdivision (g). A licensee's failure to comply with the department's prohibition of employment, contact with clients, or presence in the facility as required by paragraph (3) of subdivision (c) shall be grounds for disciplining the licensee pursuant to Section 1550.
(e) The State Department of Social Services shall not use a record of arrest to deny, revoke, or terminate any application, license, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of any person who is or may become a client. The State Department of Social Services is authorized to obtain any arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility.
(f) (1) For purposes of this section or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the State Department of Social Services is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this section or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this section or any other provision of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other provision of law prohibiting the admission of these documents in a civil or administrative action.
(2) For purposes of this section or any other provision of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state.
(g) (1) After review of the record, the director may grant an exemption from disqualification for a license or special permit as specified in paragraphs (1) and (4) of subdivision (a), or for a license, special permit, or certificate of approval as specified in paragraphs (4) and (5) of subdivision (d), or for employment, residence, or presence in a community care facility as specified in paragraphs (3),(4), and (5) of subdivision (c), if the director has substantial and convincing evidence to support a reasonable belief that the applicant and the person convicted of the crime, if other than the applicant, are of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). Except as otherwise provided in this subdivision, no exemption shall be granted pursuant to this subdivision if the conviction was for any of the following offenses:
(A) (i) An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision (a) of Section 290, or Section 368 of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
(ii) Notwithstanding clause (i), the director may grant an exemption regarding the conviction for an offense described in paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5 of the Penal Code, if the employee or prospective employee has been rehabilitated as provided in Section 4852.03 of the Penal Code, has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years, and has the recommendation of the district attorney representing the employee's county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(B) A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.
(2) The department shall not prohibit a person from being employed or having contact with clients in a facility on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1558.
(h) (1) For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office.
The request shall be in writing to the State Department of Social Services, and shall include a copy of the person's driver's license or valid identification card issued by the Department of Motor Vehicles, or a valid photo identification issued by another state or the United States government if the person is not a California resident. Upon request of the licensee, who shall enclose a self-addressed envelope for this purpose, the State Department of Social Services shall verify whether the individual has a clearance that can be transferred.
(2) The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of two years after an employee is no longer employed at a licensed facility in order for the criminal record clearance to be transferred.
(i) The full criminal record obtained for purposes of this section may be used by the department or by a licensed adoption agency as a clearance required for adoption purposes.
(j) If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the state department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1558, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination.
(k) (1) The Department of Justice shall coordinate with the State Department of Social Services to establish and implement an automated live-scan processing system for fingerprints in the district offices of the Community Care Licensing Division of the State Department of Social Services by July 1, 1999. These live-scan processing units shall be connected to the main system at the Department of Justice by July 1, 1999, and shall become part of that department's pilot project in accordance with its long-range plan. The State Department of Social Services may charge a fee for the costs of processing a set of live-scan fingerprints.
(2) The Department of Justice shall provide a report to the Senate and Assembly fiscal committees, the Assembly Human Services Committee, and to the Senate Health and Human Services Committee by April 15, 1999, regarding the completion of backlogged criminal record clearance requests for all facilities licensed by the State Department of Social Services and the progress on implementing the automated live-scan processing system in the two district offices pursuant to paragraph (1).
(l) Amendments to this section made in the 1999 portion of the 1999-2000 Regular Session shall be implemented commencing 60 days after the effective date of the act amending this section in the 1999 portion of the 1999-2000 Regular Session, except that those provisions for the submission of fingerprints for searching the records of the Federal Bureau of Investigation shall be implemented 90 days after the effective date of that act.
EXHIBIT 0
COMMUNITY BUSINESS ENTERPRISE PROGRAM
CERTIFICATION
COMMUNITY BUSINESS ENTERPRISE FORM (CBE)
FIRM/ORGANIZATION INFORMATION |
INSTRUCTIONS: All Proposers/contractors must have this form on file with the Department of Children and Family Services to be considered in compliance with federal, state and local contracting regulations. The information requested below is for statistical purposes only. Categories listed below are based on those described in 49 CFR § 23.5. Complete this form as indicated. Non-profit firms are exempt from completing this form -- indicate the type of business structure as "Non-profit Organization" and return the form to DCFS.
BUSINESS STRUCTURE: _______________________NON-PROFIT ORGANIZATION______________________
(Corporation, Partnership, Sole Proprietorship, etc. Non-profit organizations indicate here and discontinue)TOTAL NUMBER OF EMPLOYEES IN FIRM (including owners):
BREAK DOWN THE NUMBER OF EMPLOYEES (ABOVE), AS FOLLOWS:
OWNERS/PARTNERS/
|
MANAGERS |
STAFF | |
Black/African American |
|||
Hispanic/Latin American |
|||
Asian American |
|||
American Indian/Alaskan Native |
|||
White |
|||
Based on the above categories, please indicate the total numbers of men and women in the firm: |
|||
Male |
|||
Female |
|||
PLEASE INDICATE BY PERCENTAGE (%) HOW OWNERSHIP OF THE FIRM IS DISTRIBUTED.
Black/
|
Hispanic/Latin
|
Asian American |
American Indian/
|
White | |
Men |
% |
% |
% |
% |
% |
Women |
% |
% |
% |
% |
% |
Is your firm currently certified as a minority, women-owned, disadvantaged or disabled veterans business enterprise by a public agency? (If yes, complete the following and attach a copy of your notice of certification.)
M W D DV
Agency ________________________________ ____ ____ ____ ____ Expires _______________
Agency ________________________________ ____ ____ ____ ____ Expires _______________
Agency ________________________________ ____ ____ ____ ____ Expires _______________
Agency ________________________________ ____ ____ ____ ____ Expires _______________
LEGEND: M = Minority; W = Women; D = Disadvantaged; DV = Disabled Veterans
LAC/CBE SANCTIONS |
1. A person or business shall not:
a. Knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining, retaining or attempting to obtain or retain, acceptance or certification as a minority or women business enterprise, or both, for the purposes of this article.
b. Willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the acceptance or certification or denial of acceptance or certification of any entity as a minority or women business enterprise, or both.
c. Willfully and knowingly obstruct, impede, or attempt to obstruct or impede, any county official or employee who is investigating the qualifications of a business entity which has requested acceptance or certification as a minority or women business enterprise, or both.
d. Knowingly and with intent to defraud, fraudulently obtain, attempt or obtain, or aid another person or business in fraudulently obtaining or attempting to obtain, public moneys to which the person or business is not entitled under this article.
2. Any person or business who violates paragraph (1) shall be suspended from bidding on, or participating as contractor, subcontractor, or supplier in any County contract or project for a period of three years.
3. No County agency with the powers to award contracts shall enter into any contract with any person or business suspended for violating this section during the period of the person's or business' suspension. No awarding department shall award a contract to any contractor utilizing the services of any person or business as a subcontractor suspended for violating this section during the period of the person's or business suspension.
I acknowledge, that the undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, if any, is fully aware of the above policy of the County of Los Angeles and I declare under penalty of perjury that the foregoing Firm/Organization Information is true and correct.
Name of Firm _______________________________________________________________________
Signature ___________________________________________________________________________
Title _________________________________________ Date _______________________
EXHIBIT P
PAYMENT RESOLUTION NOTIFICATION
PAYMENT RESOLUTION NOTIFICATION
INSTRUCTIONS:
Complete one request per minor
FAX to the DCFS Payment Resolution Unit at (626) 915-1260
Mail to Revenue Enhancement at 800 South Barranca, Covina CA 91723
An annotated copy will be returned for your records when the payment discrepancy is resolved
VENDOR INFORMATION |
PAYMENT DISCREPANCY |
Date of Request |
Payment Months in question |
Vendor or Name |
_ Incorrect rate
|
Vendor Number | |
Contact Person | |
Telephone Number | |
CHILD'S INFORMATION | |
Child's Name | |
Child's Birth date |
|
Child's Case Number |
|
PLACEMENT INFORMATION |
|
To expedite your payment request please answer the following information: The child was placed by: _ DCFS _ Probation Did you receive a Blue Placement Packet from the CSW?
Have you ever received a payment for this child?
Did you send in a voucher for requested payment?
Rate Amount: _____________________________________ Beginning Date of Placement: ________________________ Ending Date of Placement: __________________________ |
|
RESOLUTION/COMMENTS Completed by DCFS Staff | |
Eligibility Worker: _____________________________ Date: _____________
Telephone Number: ______________________________________________
EXHIBIT Q
NOTICE TO EMPLOYEES REGARDING
FEDERAL EARNED INCOME CREDIT (EIC) NOTICE
(Internal Revenue Services Notice 1015)
EXHIBIT R
LETTER AGREEMENT
