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HomeMy WebLinkAboutResolutions - 2024.10.24 - 41542 AGENDA ITEM: Grant Acceptance from the State Court Administrative Office for the FY 2025 Juvenile Mental Health Court Program DEPARTMENT: Circuit Court MEETING: Board of Commissioners DATE: Thursday, October 24, 2024 7:22 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4546 Motion to accept the FY 2025 Juvenile Mental Health Court Program from the State Court Administrative Office, amend the FY 2025 budget as detailed in the attached Budget Amendment Schedule A, and authorize the Chair of the Board of Commissioners to execute the agreement, pending review and approval by Risk Management and Corporation Counsel. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND The Oakland County Juvenile Mental Health Court (JMHC) is a problem-solving court that uses alternative legal procedures to aid non-violent youth offenders who are challenged with serious mental health needs. JMHC is based on the concept of therapeutic jurisprudence which incorporates treatment and accountability into the criminal justice process. The program is designed to offer juveniles, ages 11 – 19, who meet eligibility criteria, including those with a primary diagnosis of a Serious Mental Illness, Developmental Disability, Serious Emotional Disturbance, and / or Co- Occurring Disorder, the opportunity to voluntarily participate and engage in intensive, treatment- focused, community-based probationary services in lieu of other dispositional plans, including possible out-of-home placement or hospitalization. It is the hope of the program that those who participate in JMHC will in turn show a reduced risk for recidivism as well as the development of skills and supports necessary to live a life in which their mental health needs are properly managed and contribute to a better sense of individual well-being. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Chris Bujak, Chief Court Business Operations Richard Lynch, Circuit Court Administrator ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 10/24/2024 AGENDA DEADLINE: 11/03/2024 7:22 PM ATTACHMENTS 1. Budget Amendment - Schedule A 2. FY24MHC Grant Allowable Expense List 3. FY25 JMHC Award Letter 4. FY25 JMHC Grant Application, Redacted 5. Proxi JMHC FY25 COMMITTEE TRACKING 2024-10-15 Public Health and Safety - Recommend to Board 2024-10-24 Full Board - Adopt Motioned by: Commissioner Michael Gingell Seconded by: Commissioner Penny Luebs Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (17) No: None (0) Abstain: None (0) Absent: Marcia Gershenson, Charles Cavell (2) Passed Oakland County, Michigan Circuit Court – Acceptance of FY25 State Court Administrative Office Juvenile Mental Health Grant Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment R Judicial Grants Family Division FND11012 CCN3010402 RC615571 PRG121200 GRN-1004300 615000 State Operating Grants $(39,000.00)$(39,000.00)$(39,000.00) Total Revenue $(39,000.00)$(39,000.00)$(39,000.00) E Judicial Grants Family Division FND11012 CCN3010402 SC730450 PRG121200 GRN-1004300 730000 Defense Attorney Fees $(3,900.00)$(3,900.00)$(3,900.00) E Judicial Grants Family Division FND11012 CCN3010402 SC731458 PRG121200 GRN-1004300 730000 Professional Services $(32,650.00)$(32,650.00)$(32,650.00) E Judicial Grants Family Division FND11012 CCN3010402 SC732018 PRG121200 GRN-1004300 730000 Travel and Conference $(800.00)$(800.00)$(800.00) E Judicial Grants Family Division FND11012 CCN3010402 SC750245 PRG121200 GRN-1004300 750000 Incentives $(1,650.00)$(1,650.00)$(1,650.00) $(39,000.00)$(39,000.00)$(39,000.00) R Judicial Grants Family Division FND11012 CCN3010402 RC615571 PRG121200 GRN-1004538 615000 State Operating Grants $54,245.00 $54,245.00 $54,245.00 Total Revenue $54,245.00 $54,245.00 $54,245.00 E Judicial Grants Family Division FND11012 CCN3010402 SC730450 PRG121200 GRN-1004538 730000 Defense Attorney Fees $8,755.00 $8,755.00 $8,755.00 E Judicial Grants Family Division FND11012 CCN3010402 SC731458 PRG121200 GRN-1004538 730000 Professional Services $41,050.00 $41,050.00 $41,050.00 E Judicial Grants Family Division FND11012 CCN3010402 SC732018 PRG121200 GRN-1004538 730000 Travel and Conference $1,690.00 $1,690.00 $1,690.00 E Judicial Grants Family Division FND11012 CCN3010402 SC750245 PRG121200 GRN-1004538 750000 Incentives $2,750.00 $2,750.00 $2,750.00 $54,245.00 $54,245.00 $54,245.00 Page 1 FY 2024 SCAO Grant Program Allowable Expenses Michigan Mental Health Court Grant Program Allowable Expense List Conditions on Expenses Assurances Reporting Requirements Fiscal Year 2024 Funding Provided by the State Court Administrative Office Page 2 FY 2024 SCAO Grant Program Allowable Expenses Mental Health Court ALLOWABLE EXPENSES Costs must be reasonable and necessary. Note: If an item is NOT listed as an allowable expense, the State Court Administrative Office (SCAO) considers it disallowed. Personnel and Fringe • Hourly wages • Fringe benefits Contractual See Subrecipient section under Conditions on Expenses for more information • Assessments (such as risk/needs assessments and substance abuse assessments) • Treatment services • Defense attorney fees for the purposes of participating in program meetings, staffing meetings, and review hearings only • Defense attorney fees for assistance with new criminal cases for active participants -MUST RECEIVE PRIOR APPROVAL FROM SCAO • Consultant not to exceed $81.25 per hour or $650 .00 per day • Full compensation for all personnel services as la id out in the service agreement • Drug and alcohol testing services, including confirmation tests • Electronic monitoring devices (such as GPS/SCRAM/Tethers/Sobe rlink) • Police overtime for purposes of home or employment checks only (must be overtime, cannot pay regular shift time) • Transitional housing (also known as Three -Quarter Housing) • Emergency housing • Dental expenses-MUST RECEIVE PRIOR APPROVAL FROM SCAO FOR E ACH PROCEDURE • Medication Assisted Treatment (Contractual) • FDA-approved medications that assist in the treatment of Opioid and Alcohol Use Disorders. • Physician assessments for Medication Assisted Treatment (MAT) • Physician consultations to the team (not to exceed $81.25 per hour or $650 .00 per day) • Follow up doctors’ appointments and health services, not otherwise covered by health insurance, associated with MAT including: • TB tests • Blood work • Chest x-rays • Full compensation for all personnel services as laid out in the service agreement • Ignition Interlock (enrollment/installation fee and daily rate only) – Michigan Department of State (MDOS) approved vendor. Page 3 FY 2024 SCAO Grant Program Allowable Expenses Supplies • Office supplies and equipment for use directly related to the PSC, not to exceed $4,500 • Software subscrip tions, cell phone service plans , and data plans (the expense must be prorated for fiscal year) • Drug testing supplies • Graduation ceremony refreshments and supplies • Incentives (includes graduation awards) • Medication: 60 day supply, directly related to mental health disorder (All insurance options or other sources of funding must be exhausted prior to spending.) • Participant supplies (day planners, folders, workbooks for treatment and ancillary services) • General Education Development classes and tests • Fees for obtaining Michigan Identification, birth certificates, or other legal identification documents • Zoom licensing for problem-solving court staff to conduct probation appointments and other program related business; this funding is limited to one license per program . The expense must be prorated for the fiscal year. Travel and Training See Travel Expenses, under Conditions on Expenses, for more information . Travel expenses may not exceed the state rate, or your program’s county rate, whichever is the lesser expense. • Conference/training expenses - training/conference material, registration, travel, meals, lodging, and parking - MUST RECEIVE PRIOR APPROVAL FROM SCAO AT LEAST 45 DAYS PRIOR TO EVENT • Transportation expenses and mileage for program related activities CONDITIONS ON EXPENSES All Michigan Mental Health Court Grant Program (MMHCGP) projects are based on the cost reimbursement concept; i.e., state, local, or private funds shall be expended before reimbursement is provided. Your court will be reimbursed quarterly after invoices for g rant expenses have been submitted to and approved by the SCAO. Costs must be allowable as stated above, and they must be reasonable and necessary. All grant costs and billings will be reviewed by the SCAO to ensure that they reflect costs generally recogn ized as ordinary and necessary for the operation of the problem -solving court and reflect market prices for comparable goods or services. Additionally, the grant expenditures must be for goods and services that are or will be utilized for the grant period or fiscal year (October 1 to September 30). Billing for goods and services that could not reasonably be used up prior to September 30 (e.g., bus tokens, library materials, drug testing supplies purchased on September 24) will be denied for reimbursement. Contact the SCAO if you are not sure about an expense. If required by the court funding unit, costs must be obtained by competitive bids. Page 4 FY 2024 SCAO Grant Program Allowable Expenses Individual consultant fees are limited to $650 (excluding travel, lodging, and meal costs) per day, which includes legal, medical, psychological , and accountant consultants. If the rate will exceed $650.00 for an eight-hour day, written approval is required from the SCAO in advance. Compensation for individual consultant services is to be responsible and consistent with that paid for similar services in the market place. SUBRECIPIENTS To determine whether a service agency or provider is a subrecipient or contractor, the below criteria is listed to aid in the decision. However, it is the substance of the relationship that is more important than the form of agreement. All criteria listed below may not be pr esent in all cases, therefore, the program must use judg ment in classifying each agreement as a subrecipient or contractor. Programs should document the process for determining each agency or provider as a subrecipient or contractor for audit purposes. Subrecipient contracts are required to be uploaded in the “Subrecipient Subcontract” link on the Grant Component page in WebGrants. Templates for contracts can be found in the same link as subrecipient subcontract. Subrecipient: • Definition o Is an agency/p erson who receives a subaward o Has their performance measured in relation to whether the grant objectives were met o Has responsibility for determining program operations o Adheres to grant requirements specified in contract o Uses funds to carry out program obje ctives for a public purpose as specified by statute, as opposed to providing goods and services • Requirements o Program enters into a contract with the subrecipient that includes at least all items included in the program’s SCAO contract for the grant funds, and upload a copy of the signed contract in WebGrants o Ensure that subrecipients are adhering to the assurances o Submit agency payroll documents, general ledger, paycheck stubs, proof of payment, and timesheets (if time is split with another funding source) with claims o Agency has to submit a budget to the court that must be incorporated into the program’s budget to the SCAO. The budget must includ e: ▪ Pay rates ▪ Annual hours ▪ Fringe ▪ PTO information ▪ Pay bonuses, longevity, etc. ▪ Supplies ▪ Travel Contractor: • Definition o Provides good and services within normal business operations o Provides similar goods and services to many different purchasers Page 5 FY 2024 SCAO Grant Program Allowable Expenses o Normally operates in a competitive environment o Is not subject to adhere to grant requirements, though similar requirements may apply for other reasons. TRAVEL EXPENSES Travel expenses may not exceed the state rate, or your program’s county rate, whichever is the lesser expense. The state mileage rate includes premium rate for roundtrip less than 100 miles and standard rate for roundtrip more than 100 miles. NONSUPPLANTING The SCAO requires that funds not be used t o supplant state, local, or tribal funds. The grantee must assure that funds will not be used to replace or supplant state, local , or tribal funds, but will be used to increase the amount of such funds that would, in the absence of grant funds, be made available for criminal justice activities. This means that if your court plans to: • Hire new positions (including filling existing vacancies that are no longer funded in your agency’s budget), it must hire these additional positions on or after the official grant award start date, above its current budge ted (funded) level of positions. • Rehire personnel who have already been laid off (at time of the application) as a result of state, local, or tribal budget cuts , it must rehire the personnel on or after the official grant award start date and maintain documentation showing the dates(s) that the positions were laid off and rehired. • Maintain personnel who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts. It must continue to fund the personnel with its own funds from the grant award start date until the date of the scheduled layoff (e.g., if the layoff is scheduled for October 1, then funds may not be used to fund the personnel until October 1, the date of the scheduled layoff), and maintain documentation showing the date(s) and reason(s) for the layoff. Please note that as long as your agency can docume nt the date that the layoff would occur if the grant funds were not available, it may transfer the personnel to the grant funding on or immediately after the date of the layoff without formally completing the administrative steps associated with a layoff for personnel. Documentation that may be used to prove that the scheduled layoffs are occurring for local economic reasons that are unrelated to the availability of grant funds may include (but are not limited to) council or departmental meetings, memoranda , notices, or orders discussing the layoff, notices provided to the individual personnel rega rding the date(s) of the layoff, and/or budget documents ordering departmental and/or jurisdiction -wide budget cuts. These records must be maintained with your co urt’s grant in the event of an audit, monitoring, or other evaluation of your grant compliance. Page 6 FY 2024 SCAO Grant Program Allowable Expenses ASSURANCES These assurances are applicable to the grantee and all subrecipients of the grantee. It is the grantee’s responsibility to ensure that subrecipients are adhering to the assurances. Failure to do so may result in termination of grant funding or other remedies. 1. Grantee assures that there has been, and will continue to be, appropriate consultation with all affected agencies in planning and implementing the mental health court program. Grantees are required to have a current Memorandum of Understanding (MOU) that includes the parties as stated in MCL 600.1091(1) and 600.1099c(1). 2. Grantee assures that all treatment programs and providers used in the mental health court program are licensed and/or accredited by the appropriate state government or professional agencies. 3. Grantee assures the intention of the jurisdiction to continue the program after funding from the Michigan Mental Health Court Grant Program (MMHCGP) has been exhausted. Grantee assures they will make a good faith effort to continue program operations if state funds are unavailable to financially support the program in the future. Grantee’s good faith efforts could include applying for federal grants, foundation funds, local funds, or funding unit contributions. Grantee is not bound to continue the program if the good faith efforts to find alternative means of continuing the program are not successful. This assurance does not commit or mandate funding by local funding units 4. Grantee assures that all recipients of funding under this grant program are required to comply with nondiscrimination requirements contained in various federal and state laws. Each grantee court should have a copy of their Equal Employment Opportunity plan on file and available for review by the SCAO upon request. 5. Grantee assures that they and any contractors and/or sub recipients will not use funds from the MMHCGP for lobbying and that they will disclose any l obbying activities related to the MMHCGP. 6. Grantee assures: a. All expenditures, including personnel services, contractual services, and supplies, shall be in accordance with the standard procedures of their court. b. The accounting system maintains a separate fu nd or account to support expenditures (or maybe, maintenance of a separate fund or account to support expenditures) c. Maintenance of accounting records, following generally accepted accounting principles for the expenditure of funds for purposes identified i n the budget and any budget amendments. 7. Grantee understands that only program activities and expenses in the approved grant budget and incurred during the fiscal year are eligible for reimbursement. 8. Grantee assures state funds will not be used to replace (supplant) funds that have been Page 7 FY 2024 SCAO Grant Program Allowable Expenses appropriated for the same purpose. 9. Grantee assures: a. That the Michigan Supreme Court, the SCAO, the local government audit division of the Michigan Department of Treasury, the State Auditor General, or any of their duly sworn authorized representatives shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent financial transactions, accounting records, or other fiscal records related to this grant. b. Maintenance of these records for a period of five years after completion of the grant project or until all the SCAO audits are complete for the fiscal period, whichever is later. c. Quarterly reports on the funds expended by the program in the form required by the SCAO. 10. Grantee agrees to collect and provide program and participant data in the form and manner required by the SCAO, and to participate in follow -up and evaluation activities. 11. Grantee agrees to utilize the Drug Court Case Management Information System (DCCMIS) to manage mental health court cases and report all data to the SCAO under MCL 600.1099 and MCL 600.1099l. 12. Grantee assures planning, design, and operation of the program according to the Improving Responses to People with Mental Illnesses; Essential Elements of a Mental He alth Court (adult and juvenile). Additionally, Grantees agree to follow all applicable state laws, court rules, administrative orders pertaining to the operation of a mental health court and adjudication of related cases, and standards and required best p ractices per the SCAO’s Adult Mental Health Court Standards, Best Practices, and Promising Practices. 13. Grantee assures participation in required training as directed by the SCAO. 14. Grantee assures that if a federal 501(c)3 exists or is developed for mental he alth court purposes, or if the mental health court develops a partnership with an existing 501(c)3, that no employee of the court will be directly involved in the operations of the 501(c)3. 15. Grantee understands that the SCAO may suspend funding in whole or in part or terminate funding for the following reasons: a. Failure to meet the SCAO certification requirements b. Failure to comply substantially with the requirements of the grant program, which includes the submission of the required reports submitted within t he time frames listed in the Reporting Requirements section of this document c. Failure to make satisfactory progress toward the goals or strategies set forth in this application d. Failure to adhere to the requirements of the grant contract e. Proposing or implementing substantial plan changes to the extent that the application would not have been selected for funding f. Filing a false statement in this application or other report or document g. Other good cause shown Page 8 FY 2024 SCAO Grant Program Allowable Expenses 16. The individuals with express authority to act in the name of the Grantee in the positions of project director, financial director, and authorizing official should be the grant signatories. The signatures commit the Grantee to the terms and conditions of th e grant contract and attest to the accuracy of all information the Grantee has supplied. The project director is responsible for directing the implementation of the drug treatment court grant project. The financial officer is the individual who is fiscally responsible for this project, and is responsible for accountability for the grant funds. The authorizing official is the individual authorized by the court to enter into this agreement. The SCAO prohibits the same individual from signing in more than o ne capacity. REPORTING REQUIREMENTS Financial Claim Reports are due quarterly on the following dates: • January 10 • April 10 • July 10 • October 10 Data Exception Repo rts in DCCMIS must be corrected quarterly by the following dates (For planning grants-only required if the program has active participants): • November 15 • February 15 • May 15 • August 15 Progress Report is due on the following date: • April 30 (Not required for planning grants) DCCMIS Users Audit Report is due on the following date (For planning grants-only required if the program has active participants): • January 31 Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone 517-373-0128 Thomas P. Boyd State Court Administrator September 16, 2024 Honorable Jeffery S. Matis, Chief Judge 6th Circuit Court 1200 N. Telegraph Pontiac, MI 48341 Re: Michigan Mental Health Court Grant Program Award Notification 6th Circuit Court — Juvenile Mental Health Court SCAO UI: U20046 Dear Chief Judge Matis: I am pleased to inform you that your application for funding through the Michigan Mental Health Court Grant Program (MMHCGP) has been approved. On behalf of the State Court Administrative Office (SCAO), I am delighted to award your court a grant in the amount of $54,245 to support your problem-solving court program. This award is for the grant period October 1, 2024, through September 30, 2025, and is contingent upon SCAO being awarded and receiving federal grant awards in the full amount requested. Your court’s fiscal year 2025 contract will be e-mailed from DocuSign to your project director, Remele Penick. Please review the contract carefully and sign it by December 13, 2024. The budget, based on your court’s actual award, must be updated in WebGrants by November 1, 2024. Instructions for revising your budget are attached to the message your project director will receive from WebGrants. Each year we receive grant requests that greatly exceed the total amount spent in the preceding fiscal year and available funding for awards to courts. Your total grant award is based on what we believe it will cost to operate your program as you did last year plus any planned expansion, enhanced services, and/or cost increases. Additionally, SCAO will continue considering requests for grant reallocations throughout the fiscal year. A reallocation is a mid-year decrease or increase of your grant award. For example, a program that needs additional grant funding may request a reallocation to increase the September 16, 2024 Page Two program’s grant award. On the other hand, a court may not spend their entire award, and funds may be reallocated to courts needing additional funding. Reallocation requests are submitted in WebGrants, and SCAO staff review and make reallocation determinations after second-quarter claims are submitted and after third-quarter claims are submitted. A reallocation that decreases or increases a program’s grant award is based on actual prior spending and projected spending for the remainder of the fiscal year. The Michigan Supreme Court and SCAO is confident that your project will have significant impact, and we look forward to seeing continued positive outcomes. We commend your dedication and commitment to these lifesaving programs and thank you for making a positive difference in so many lives. Should you have questions about the grant or need assistance regarding best practices, please contact Andrew Smith at 517-373-0954 or at smitha@courts.mi.gov. For assistance in publicizing the success of your court, please contact John Nevin at 517-373-0129 or nevinj@courts.mi.gov. Sincerely, Thomas P. Boyd State Court Administrator cc: Honorable Julie A. McDonald Andrew Smith, Problem-Solving Courts Manager James McGrail, SCAO Region VI Administrator Richard Lynch, Court Administrator Remele Penick, Project Director Oakland County Board of Commissioners Board Chairperson’s Authorization to Submit Electronic Online Grant Acceptance I authorize Christina Bujak Oakland County Circuit Court, to electronically accept the Michigan Mental Health Court Grant Program (MMHCGP) for Juvenile Mental Health Court (JMHC) online “grant application” and supply any follow-up information, as may be requested. It is understood the application is submitted through the WebGrants electronic system. It is further understood the application has completed internal review and all required changes to the application have been made as requested by the Oakland County review departments. David Woodward, Chairperson Date Oakland County Board of Commissioners This form reviewed by Oakland County Corporation Counsel on June 8, 2005. This is an important piece of information; please keep an original executed copy of this document with your grant files.