HomeMy WebLinkAboutResolutions - 1985.02.14 - 10965February 14, 1925
Miscellaneous Resolution 85002
Health and Human Resow:ces Committee—Nancy McConnell, Chairperson
Re: Children's Village and Camp Oakland-Transfer Operation and Control
From Probate Court to County Executive
To The Oakland County Board of Commissioners:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, by Declaratory Judgement in Civil Action #83-257223-CZ,
dated December 7, 1984, Judge Hilda Gage has determined that the power to
decide whether Oakland County child care institutions will be under the
operation and control of the County Executive or the Probate Court rests
with the Board of Commissioners, and
WHEREAS, Sec. 13 (k) of Act 139, P.A., 1973, as amended, provides that
under the authority of the County Executive, the Department of Institutional
and Human Services may be established and shall supervise county human
service programs including hospital and child care institutions,
NOW THEREFORE BE IT RESOLVED that pursuant to and in accordance with
Sec. 14 (a.) of Act 139, P.A. 1973, as amended, which provides for and
• describes the manner in which the Board of Commissioners may transfer a
function from one department to another, the Oakland County Board of
Commissioners does hereby transfer the operation and control of Children's
Village andCamp Oakland from the •Oakland County Probate Court to the
County Executive Department of Institutional & Human Services.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Roll Call Vote
Ayes: McConnell, Kuhn, McDonald, Gosling, Moffitt, Webb
Nays: Fortino, McPherson
Absent : Aaron
By:
'
CHILDREN'S VILLAGE
Administration Responsibilities of County Executive
Judicial Responsibilities of the Probate Court
1. Hire, Fire and Discipline Staff
County Excutive vi.t ,ould take full responsibility of this function for
the Village5, staff, AdVice and input from the Probate Court would be
sought for 'hiring of top-level management should vacancies occur.
Determine Program Content
The Board of Commissioners would continue to be the authority that
authorizes programs and the resources allocated to Children's Village I' With I
the advice and input of the Probate Court and County Executive.
3. Building Utilization
An administrative function to be performed by the County Executive
pursuant to the Board of Commissioners authorization, with input from the
Probate Court.
4. Type of Treatment Programs Available
The Board of Commissioners wonld continue to be the body that
authorizes treatment programs iipuT Ii'orn the County Executive and
the Probate Court. This includes such program policy as length of stay.
5. Determination of the Placement of a Child Within a Certain Program
Responsibility for the Placement would remain with the Probate Court
Judge with jurisdiction of the particular child. If a change in a child's
program is strongly recommended by the professional staff and immediate
implementation is indicated, a temporary change in the child's program can
be made, contingent upon prompt written notification, i.e. by the end of
the next day the court is in session, to the judge with jurisdiction over
the child. The Probate Judge would then approve or disapprove the
change. Further, any such change would have to be allowable under the
statutes, court rules and law in effect at the time of any such change.
6. Responsibility for the Decision Determth :Release —
Unchanged from the current practice, with the Probate Court making
this decision.
7. Responsibility for the
Parents, Relatives, et
Unchanged from
this decision. If
responsibility would
Executive's direction.
Decision Concerning Weekends and Visitations by
C .
the current practice, with the Probate Court making
the Probate Court has made no decision, the
be that of the operating staff under the County
8. Responsibility to Decide when the Child Would be Detained and Where the
Child Would be Detained
Unchanged from the current practice, with the Probate Court making
this decision. If the Probate Court has made no decision, the
responsibility would be that of the operating staff under the County
Executive's direction.
Receive Individual
the Probate Court making
made no decision, the
staff under the County
9. Responsibility to Prepare Budget
The County Executive would prepare the budget with input from the
Probate Court
10. Responsibility to Decide Whether the Child Would
Treatment and What Kind
Unchanged from the current practice, with
this decision. If the Probate Court has
responsibility would be that of the operating
Executive's direction.
11. Responsibility to Decide Whether a Child Would Receive Group Counseling
Unchanged from the current practice, with the Probate Court making
this decision. If the Probate Court has made no decision, the
responsibility would be that of the operating staff under the County
Executive's direction.
12. Responsibility to Decide if the Child Would Attend School, be in a Co-op
Program, etc.
Unchanged from the current practice, with the Probate Court making
this decision. If the Probate Court has made no decision, the
responsibility would be that of the operating staff under the County
Executive's direction.
13. Responsibility to Decide if Parents Must Receive Counseling
Unchanged from the current practice, with the Probate Court making
this decision. If the Probate Court has made no decision, the
responsibility would be that of the operating staff under the County
Executive's direction. However, the County Executive would have no
authority to order the parents to receive counseling or other treatment
absent a court order which would be obtained from Probate Court.
#85002
Moved by McConnell supported by Hobart the resolution be adopted.
Discussion followed.
Moved by Nelson supported by Rewold the resolution be amended as follows:
in the NOW THEREFORE BE IT RESOLVED paragraph, 3rd line, the 3rd to last
words "Commissioners may..." amend to read "pursuant to the discretionary powers
provided by statute".
Mr. Nelson also presented the following as a memorandum:
(Copy attached)..
The resolution would be further amended by adding another paragraph to read:
"3E FT FURTHER RESOLVED that the attached memorandum indicates the authority
being transferred to the County Executive, and the powers remaining with the Probate
Court". The memo also be corrected in the heading and paragraphs 1 and 2 by adding
"Camp Oakland" after "Village"; paragraph 4 add "through its budget" after "treatment
programs" and in paragraph 6, change the word "determine" to "determining".
Discussion followed,
Moved by Doyon supported by McPherson the amendment be amended under Memo
items. #1 by striking "top Level Management" language and continue with the rest of
the clause.
A sufficient majority not having voted therefor, the amendment to the
amendment failed-.
Discussion followed.
Moved by Price supported by Moore the resolution, with amendment attached,
be referred to the Health and Human Resources Committee.
AYES: R . Kuhn, Law., McDonald, McPherson, Moore, Pernick, Price, Aaron,
Doyon, Fortino. 001
NAYS.: S. Kuhn, Lanni, McConnell, Moffitt, Nelson, Olsen, Rewold, Skarritt,
Webb, Wilcox, Caddell, Calandro, Gosling, Hassberger, Hobart. (.15)
A sufficient majority not having voted therefor, the motion failed.
Moved by Price supported by Aaron the resolution be referred to the
General Government Committee, in order to be consistent with Board rules.
AYES: Law, McPherson, Moore, Pernick, Price, Aaron, Doyon, Fortino,
R. Kuhn. (9)
NAYS: S. Kuhn, Lanni, McConnell, McDonald, Moffitt, Nelson, Olsen,
Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro, Gosling, Hassberger, Hobart, (16)
A sufficient majority not having voted therefor, the motion failed.
Vote on resolution as amended:
AYES; Lanni-, McConnell, Moffitt, Nelson, Olsen, Rewold, „Skarritt, Webb,
Wilcox, Caddell, Calandro, Gosling, Hassberger, Hobart, S. Kuhn, 051
NAYS: Law, McDonald, McPherson, Moore, Pernick, Price, Aaron, Doyon,
Fortino, R. Kuhn. 00Y
A sufficient majority having voted therefor, the resolution, as amended,
was adopted,
14th day of February 1985
ALLEN
County Clerk/Register of Deeds
#85002
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a sea
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #85002 adopted by the Oakland County Board of Commissioners
at their meeting held on February 14, 1985
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this