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HomeMy WebLinkAboutResolutions - 2013.11.13 - 21109MISCELLANEOUS RESOLUTION #13296 November 13, 2013 BY: Public Services Committee, Commissioner Dwyer, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - INTERGOVERNMENTAL AGREEMENT FOR WRAPAROUND SERVICES WITH OAKLAND SCHOOLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Circuit Court Family Division has increasingly been receiving youth referrals with emotional disturbances as a result of delinquency conduct that is secondary to having a psychiatric disorder; and WHEREAS youth in this special high-risk population have significant rates of recidivism and iikely out-of- home placement if left untreated; and WHEREAS a Wraparound partnership with the Department of Human Services (DHS), Oakland Schools, Oakland County Community Mental Health Authority (OCCMHA), the Circuit Court, and other service organizations, has been established to deal with this high-risk population; and WHEREAS the goal of the Wraparound program is to reduce or eliminate the need for out-of-home placement for youth involved with multiple systems in the community (i.e. Circuit Court, OCCMHA, Special Education, and DHS); and WHEREAS detailed outcome measures reflect Oakland County Wraparound has been successful in keeping more than 90% of the referred youth in their home and community, avoiding costly out-of-home residential, psychiatric, or foster care placement; and WHEREAS an agreement has been drafted, (as attached) by the County's Corporation Counsel; and WHEREAS the agreement has been presented to Oakland Schools for their approval; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to "Enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly." NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached intergovernmental agreement between Oakland County Circuit Court and Oakland Schools and authorizes the payment of $22,131 to Oakland Schools for participation in the Wraparound program so that services may be provided to court wards, BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and conditions of this Agreement. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. Intergovernmental Agreement Between The County of Oakland and The Oakland County Intermediate School District This Intergovernmental Agreement (Agreement) is made between the Sixth Judicial Circuit Court for the State of Michigan (Court) by and through its funding unit, the County of Oakland, a Constitutional and Municipal Corporation, 1200 N, Telegraph Road, Pontiac, Michigan, 48341 (County) and the Oakland County Intermediate- School District, 2111 Pontiac Lake Road Waterford, MI 48328 (Oakland Schools). In this Agreement, reference to the County shall include reference to the Court. In this Agreement, the County and Oakland Schools may be referred to individually as "Party" or jointly as "Patties." In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree as follows: 1. Purpose of Agreement 1.1. Pursuant to the Urban Cooperation Act, MCLMCL 124.501 et seq.. County and Oakland Schools enter into this Agreement for the purpose of providing wrap-around services to certain juveniles who are under the jurisdiction of the Sixth Judicial Circuit Court and meet Oakland Schools' criteria for receiving wrap-around services. 1.2. The public purpose of this Agreement is to establish the roles and responsibilities of the County and Oakland Schools in providing comprehensive family-focused mental health treatment for juveniles who are involved in the criminal justice system. 2. Definitions 2.1. "Oakland County (County)" means the County of Oakland and its departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. For purposes of this Agreement, Oakland County also includes the Sixth Judicial Circuit Court for the State of Michigan (Court). 2.2. "Oakland County Intermediate School District (Oakland Schools)" means the statutorily created intermediate school district that provides educational and other services to children in Oakland County who meet the criteria for services set by statute and Oaldand School policy, and its departments, commissions, boards, institutions, arms, agencies, and instrumentalities and their present, and future directors, officers, employees, attorneys, agents, representatives, consultants, contractors, subcontractors, and volunteers. County of Oakland Intergovernmental Agreement 10.14.13 1 2.3. "Wrap-around Services" mean the integrated, comprehensive treatment services provided to a juvenile and his or her family in the context of their home and community environment according to the services plan developed through the collaborative efforts of the juvenile, the family and members of the juvenilis community of reference. The services are described in Appendix A, which is fully incorporated here by reference, for the Court. 2.4. "Claim''' means any and all losses, complaints, demands for relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including reimbursement for reasonable attorney fees, witness fees, court costs, investigation, litigation expenses, amounts paid in settlement, and/or any other amount for which either Party becomes legally and/or contractually obligated to pay, whether direct, indirect, or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and whether commenced or threatened. 2.5. "Service Provider" means Oakland Schools and its subcontractors, if any, who provide wrap around services. 3. Terms 3.1. Service Provider shall be fully responsible for providing Wrap-around Services to juveniles under the jurisdiction of the Family Division of Circuit Court and identified as eligible for the services. 3.2. Service Provider shall provide Wrap-around Services as requested by the Court; provide information and status updates on juveniles receiving Wrap-around Services to the Court; and assist the Court with defining and updating goals and evaluating the effectiveness of Court's strategies and interventions. 3.3. Oakland Schools shall be the employer or contractor of the individual(s) providing Wrap-around Services and shall be responsible for all benefits which include, but axe not limited to, retirement benefits, pension rights, insurance rights, fringe benefits, training, holiday pay, sick pay, vacation pay or such other rights or provisions arising out of an agreement of hire or an employer-employee relationship, whether express or implied; 3.4. Oakland Schools shall either provide on behalf of the Service Provider, or require that the designated Service Provider, provide and maintain insurance or self-msurance sufficient to meet the County's requirements, as set forth in Appendix B, which is incorporated here by reference. 3.5. The County agrees to pay the sum of $22,131.00 to Oakland Schools for providing County of Oakland Intergovernmental Agreement 10.14.13 Wrap-around Services to eligible juveniles during the 2013-2014 fiscal year, which runs from October 1,2013 through September 31, 2014. County shall have no responsibility or obligation of any type for providing any employee benefits or insurance, including workers compensation insurance for the Service Provider. 3.6. The Parties agree that the Service Provider is not, and is not intended to be, a Court or County employee. Service Provider is an employee or contractor of Oakland Schools, which has agreed to provide wrap around services to eligible juveniles pursuant to this Agreement. 3.7. Information obtained by the Service Provider may be subject to the Health Insurance Portability and Accountability Act (HIPAA) and other federal and state statutes. Oakland Schools shall ensure that Service Provider complies with all relevant statutes and obligations regarding use and dissemination of such information. 3.8. Duration. This Agreement and any amendments will expire on September 31,2014, unless extended by written amendment. 3.9. Termination. Either Party may terminate this Agreement for any reason on seven (7) days written notice to the other Party. 3.10. Funds Unavailable. County may terminate this Agreement immediately if funds become unavailable. 3.11. Obligations on Termination. Upon termination or expiration of this Agreement. County will pay any sums due and owing for services provided by Oakland Schools. Oakland Schools will return to County any identification or access badges which permitted Service Provider to access any County facilities. 3.12. Independent Contractor Relationship. Nothing in this Agreement creates an employer-employee relationship between the County (including any of its employees) and Oakland Schools (including any of its employees. Service Providers, or contractors.) 3.13. No Indemnification. County will be responsible for any Claim made against it and for the acts or omissions of its employees. Oakland Schools will be responsible for any Claim made against it or Service Provider and for the acts or omissions of its agents, employees and contractors. Neither Party has any rights under this Agreement to be indemnified by the other Party or any of its agents or employees in connection with any Claim. 3-14. Costs. In any Claim that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation, including attorney fees. County of Oakland 3 Intergovernmental Agreement 10.14.13 3.15. Limitation of Liability. In no event shall the County be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from performance under this Agreement, 3.16. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation or any other right in favor of any other person or entity. 3.17. Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right- privilege, power, or immunity of the Parties. Nothing in this Agreement is a waiver of governmental immunity by either Party. 3.18. No Transfer of Duties. Unless this Agreement expressly states otherwise, it does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation or liability associated with any governmental function delegated or entrusted to either Party under any existing law or regulation. 3.19. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.20. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described. The language of this Agreement will be construed as a whole according to their fair meaning, and not construed strictly for or against any Party. 3.21. The Parties have taken all actions and secured all approvals necessary to authorize* and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions. (remainder of page intentionally blank) County of Oakland Intergovernmental Agreement 10.14.13 4 The Parties, by signing below, enter into this Intergovernmental Agreement for Wraparound Services for eligible juveniles for the Sixth Judicial Circuit Court. For the Oakland Intermediate School District (Oakland Schools): Date; Print Name: Print Title: For Oakland County: Date: , Chairperson Oakland County Board of Commissioners County of Oakland Intergovemmenta! Agreement 10.14.13 5 Appendix A Oakland County Wraparound The goal of the Wraparound is to reduce or eliminate the need for out of home placement for youth involved with multiple systems in the community, such as the Circuit Court, Mental Health, Special Education and Department of Human Services. Detailed outcome measures reflect Oakland County Wraparound has been successful in keeping more than 90% of the referred youth in their home and community, avoiding costly out of home residential, psychiatric or foster care placement. PROGRAM DESCRIPTION Increasingly, youth with serious emotional disturbances are referred to the Court for formal intervention as a result of delinquent conduct that is secondary to having a psychiatric disorder. These youngsters are typically identified in early childhood as having multiple adjustment problems. They receive services from a variety of agencies, often without coordination. Through a partnership with the Department of Human Services, Oakland County Schools, Oakland County Community Mental Health, and other service organizations, a large number of these youth can be maintained in their own homes. Youth in this special, high-risk population have significant rates of recidivism if left untreated. Through appropriate intervention, which includes intensive, at least weekly face-to-face contacts with youth and families, we anticipate being able to continue to reduce the number of new adjudications and maintain these an increased number of youth in the community - most importantly -with no new criminal offenses. By maintaining these youth in their homes rather than in residential placement, we achieve a substantial cost savings. 6,750 days saved from residential placement x $169/ day in residential cost equals $1,140,750 in cost savings. The Wraparound process is a tool for building constructive relationships and support networks among youth with emotional/behavioral challenges, their families, teachers, and other caregivers. This process, which is based on a nationally recognized model, calling for a family-centered, strength-based philosophy of care, is used to guide service planning for high-risk students and their families. In Wraparound, a team specifically made up of people familiar to each active family works to identify the underlying needs, interests, and limitations of the youth in crisis. The team convenes regularly in meetings led by a Wraparound Facilitator and develops a specific plan that addresses these needs and interests using natural and community supports. Wraparound is a unique, strength-based, family-led, process that helps high-risk students avoid out-of- home placement. The Wraparound process is a team-based activity that helps groups of people involved in a student's life work together toward a common goal. The process is organized and delivered by someone who is specially trained to facilitate the team. The team creates an individualized plan to assure that students and their families can experience success in their communities, homes, and schools. 1 intensive, home based services are provided through the Wraparound facilitation Youth must be receiving service from a Community Mental Health (CMH) funded Family Mental Health Agency (currently Easter Seals or Oakland Family Services) and meet two or more of the following criteria: Youth Involved in Multiple Systems Demonstrate Risk of Out-of-Home Placement or currently in Out of Home Placement (Psychiatric Hospitalization, Juvenile Detention, Foster Care, etc.) Youth has been served through other mental health services with minimal improvement. The risk factors exceed capacity for traditional community-based options. Numerous providers are serving multiple children in the family and the outcomes are not being met. Reductions in Adjudications FY 2011-2012 Wraparound is a nationally recognized strategy for engaging extraordinarily high risk youth at the highest level of recidivism rate across not only the juvenile justice system, but the mental health, child welfare and special education rolls as well. Our research suggests that over 87% of this population would re-offend in the absence of intensive intervention. Of the 34 court involved delinquent youth served by Oakland County Wraparound last fiscal year (7/1/2011-6/30/2012), 29 would be expected to recidivate. However, only 9 of the 34 youth served were re-adjudicated, demonstrating a 26% actual recidivism rate. Put another way, only a third (31%) of the youth expected to re-enter the juvenile justice system actually did so. The difference between the number of actual recidivates and the number expected then was 20 youth last fiscal year. This significant reduction in adjudications realized a very significant decrease in the average length of stay in residential placement, and the associated costs of out of home placement. Using the established formula of an average of 270 days / per youth spent in residential placement, a total reduction of 5,400 days in residential care was realized (20 x 270 = 5,400) using Wraparound services. Additionally, a cost of $2,007 per youth is incurred for each adjudication, for a total of $40,140 in cost savings (20 x $2007 = $40,140). It should be noted that each new adjudication costs $2,007 to process through the court system from the time the petition is signed through the time a new disposition is entered. The largest limitation of the impact of the Oakland County Wraparound Program has been the limitation on the number of court involved delinquent youth that could be served due to funding levels. The program administration is able to document that multiple referrals were turned away every week from 2 Wraparound because there were not enough positions to handle the intake demand (which has actually increased.) Reductions in Days of Residential Care FY 2011-2012 Historically, 100% of the youth in the targeted population would be placed out of the home as part of their treatment. Therefore, it was expected that all 34 youth would be placed in residential treatment for a period of 9,180 days (34 x 270 average days in residential placement = 9,180). With Wraparound involvement, only 9 of the 34 youth served were placed in a residential facility for an average period of 270 days. Therefore, a reduction of 25 youth who were not placed in residential treatment was realized. This reduction of 7,830 days in residential care was achieved (25 x 270 = 6,750.) The average cost of residential care available locally is $169/day. The dramatic reduction in days spent in residential care for the 25 youth who benefitted from Wraparound is reflected in the data below: 6,750 days saved from residential placement x $169/ day in residential cost $1,140,750 in cost savings PROGRAM ASSESSMENT/EVALUATION: Due to the continued overwhelming positive effect Wraparound has had on reducing or eliminating out of home and out of school placements for high-risk students, funding to Oakland Schools for this program was increased by more than an additional $300,000. These increases came from Community Mental Health Authority and from Oakland Schools through the Special Education Department. Children with active court cases, and who are assessed as high-risk students from all 28 districts participate in Wraparound to eliminate barriers for educational success. There are currently eight full-time Wraparound facilitators assigned to the program, but enough referrals waiting to more than double the program. The number of court involved delinquent youth assessed and accepted for participation in Wraparound is determined by available slots reserved for court involved youth. Based on outcomes for the 2011-2012 fiscal year, 189 children in total were assessed and accepted for Wraparound by a panel of cross disciplined professionals to be at the highest risk for removal from their homes and placed in detention, psychiatric, or residential treatment facilities received services from Oakland County Wraparound. Of these children 91% remained placed in their homes following participation with the Wraparound program. Referrals come from all of the community partners, and cases are accepted on a weekly basis. In order to be considered for acceptance to the program, a child must be involved with at least two formal "systems" in Oakland County. These formal systems include the court, special education, mental health, and the child welfare system. Children who are involved with the mental health system are represented in 98% of those referred to the program. Children who 3 are involved in the court system are represented in 69% of the referrals, while children who have family involvement with protective services or foster care are reflected in 85% of those open to Wraparound. Children who are eligible to receive special education services are seen in 90% ofthe referrals to the program. The rough estimate is $3600.00 per child per year on an administrative basis. This cost is based upon the 189 children served last fiscal year by Oakland County Wraparound. This does not include the flexible funds that are provided by Community Mental Health to accommodate the specific needs identified by children and families in working toward family stability. (E.g. A bike for a teen that wants to get a summer job.) The length of stay in the program varies based on the severity and complexity of the needs of the children. The average has dropped from two and a half years to 15 to 18 months currently. Program statistics indicate that during FY 2011 and FY 2012, an average of 69% of the Wraparound cases opened had some type of Court involvement. These statistics lend support in the decision to request program funding for FY 2012-2013. *The data recorded in Section II (Actual Number/ Actual Cost) for FY 2010 and FY 2011, represents the number of children placed on Intensive Probation who have received Wraparound services, as they are most likely to have been placed in residential care in the absence of intervention. Strengths: Wraparound is proven to be a highly successful intervention nationally and across the state of Michigan. Wraparound is key in facilitating the planning and delivery of individualized services and supports. By bringing the child, his/her family, and all service agencies (schools, DHS, CMH, therapeutic agencies, etc.) to the table at the same time, the Wraparound facilitator ensures congruency in planning and encourages healthy communication between all service providers. In addition to the above, Wraparound Facilitators: -Configure a unique child and family team with each family, making sure the youth has a strong support system. -Facilitate the meetings ofthe child and family "team", and makes adjustments for the culture and comfort level ofthe individual team members. -Assist the child and family team in developing an individualized service and support plan, which is culturally relevant and includes crisis and safety plans. -Identify community resources and makes recommendations regarding their usefulness, given the specific needs of the child & family, including 'basic needs based on what the family feels would be most helpful to them. 4 -Facilitate the development of transition strategies, transitioning the youth and family to this facilitation role as the close of the case nears. -Advocates for the child and his/her family wherever the youth or family assesses the need for help. -Assesses training needs and arranges training of key individuals. -Monitors the provision of services and supports and records outcome data. -Provides data to collaborative agencies so that they can monitor outcomes of Wraparound services Weaknesses Ten Wraparound facilitators manage average caseloads of over 16-18 high-risk families at any given time, usually averaging 42 to 45 cases per year. Cases that are court-involved comprise approximately 69% of all referrals to the Wraparound program. In addition to the Court, referrals are generated from schools, the Department of Human Services, Easter Seals, Oakland Family Services, Community Mental Health and a small percentage of referrals come directly from the community (law enforcement or parents.) Unfortunately, there are never enough resources to provide services to alt children requiring them. Historically, there has been up to a 3-month watting list for Wraparound services. Staff constantly monitor referrals to ensure that those requiring\ immediate attention are prioritized; however, additional funding to increase the number of full-time facilitators is always sought. Current cost configuration Because funding at this time is $22,131 per year, only a fraction of Court youth eligible services are able to access Wraparound services. Billing is broken down into units of service as reflected in the following example from the 2012 invoice from Oakland Schools: Circuit Court Grant (10/1/2011-9/30/2012) $22,131.00 Total units of service breakdown: $6.49/day Staff Breakdown: Sczepanski 682 units of service x 6.49 = $4,426.18 Keels 700 units of service x 6.49 = $4,543.00 Stein , 657 units of service x 6.49 = $4,263.93 Valden 670 units of service x 6.49 = $4,348.30 Jones . 701 units of service x 6.49 = $4,549.49 5 APPENDIX B CONTRACTOR INSURANCE REQUIREMENTS At all times during this Contract, including renewals or extensions, Contractor shall obtain and maintain insurance according to the following specifications: a. Commercial General Liability - with the following as minimum requirements: $3,000,000 - Each Occurrence (Total Limit) Occurrence Form Policy Broad Form Property Damage Premises/Operations Independent Contractors Products and Completed Operations (Blanket) Broad Form Contractual Personal Injury - Delete Contractual Exclusion Additional Insured: The County of Oakland and County Agents (as defined in this Contract): b. Workers' Compensation - as required by law and $500,000 Employer's Liability; c. Automobile Liability and Property Damage - $1,000,000 each occurrence, including coverage for all owned, hired and non-owned vehicles including No Fault coverage as required by law; d. Professional Liability/Errors & Omissions Insurance (as applicable) - with minimum limits of $1,000,000 per claim and $1,000,000 dollars aggregate. . General Certificates of Insurance: a. All Certificates of Insurance shall contain evidence of the following conditions and/or clauses and shall be sent to; The County of Oakland and County Agents, Oakland County Purchasing Division, 2100 Pontiac Lake Road, Bldg 41W, Waterford, MI 48328-0462 or fax 248-858-1677. b. The County of Oakland and County Agents (as defined in this Contract) shall be named as "General Liability" Additional Insured with respect to work performed by the Contractor. c. All Certificates are to provide 30 days written notice of material change, cancellation, or non-renewal. Certificates of Insurance or insurance binders must be provided no less than ten (10) working days before commencement of work to the Oakland County Purchasing Division. Insurance carriers are subject to the approval of Oakland County. Resolution #13296 November 13, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections.