DATE: February 6, 2024
TO: Board of Supervisors
SUBMITTED BY: Sanja K. Bugay, Director, Department of Social Services
SUBJECT: Essential Terms of Agreement Between the California Department of Social Services and The County of Fresno
RECOMMENDED ACTION(S):
TITLE
1. Adopt resolution to appoint the Board of Supervisors to serve as the governing body of Fresno County’s Transitional Shelter Care Facility;
2. Accept the Publication 326, Facts You Need to Know, Group Home Board of Directors;
3. Delegate the Director of Social Services to serve as the Executive Director for the Transitional Shelter Care Facility to maintain ongoing operations of the facility; and
4. Approve and authorize the Executive Director to sign the Board of Director’s Statement (LIC 9165) as designee of the Board of Supervisors;
5. Approve and authorize the policies and procedures governing the operation of the County’s Transitional Shelter Care Facility;
6. Approve and authorize the County’s Transitional Shelter Care Facility’s emergency intervention plan;
7. Approve the written statement that describes the duties delegated to the administrator;
8. Approve and authorize the County’s Transitional Shelter Care Facility’s operating budget; and
9. Approve and authorize the Chairman to execute the Essential Terms Agreement with the California Department of Social Services for a licensed Transitional Shelter Care Facility.
REPORT
There is no increase in Net County Cost (NCC) associated with the recommended actions. Approval of the recommended actions numbered one through eight are required to meet the operating standards set forth by the California Department of Social Services (CDSS) Community Care Licensing Division (CCLD) for a Transitional Shelter Care Facility (TrSCF). CDSS requires board oversight and approval of the shelter’s policies, procedures, and operations.
Approval of the ninth recommended action will allow the County to enter into an agreement with CDSS to operate TrSCF. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the Department’s TrSCF cannot attain licensure. The Department would continue to use strategies and practices to locate limited placement resources for these youth. However, despite these efforts, situations may continue that require youth to be placed in an unlicensed facility which is in violation of Health and Safety Code (HSC) Section 1503.5 and 1508, and the County may be subject to a civil penalty of $200 or $1,000 per day of the violation at the discretion of CDSS in accordance with HSC Section 1547.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. It is estimated that the total operating budget is $2,564,216, which will be offset with State and Federal funds ($2,158,120), 2011 Realignment ($213,321) in lieu of State General Funds for Child Welfare Services that were realigned to counties through Assembly Bill (AB) 118, and 1991 Social Services Realignment funds ($192,775). Sufficient appropriations and estimated revenues are included in the Department’s Org 5610 FY 2023-24 Adopted Budget and will be included within subsequent budget requests.
DISCUSSION:
The Department has experienced challenges in locating suitable placement for high needs foster youth in a timely manner. In the past, where no immediate alternative is possible, some difficult to place foster youth have spent one to multiple days or longer in the Child Welfare Services (CWS) office while staff identify and locate an appropriate placement. To address this issue, the Department utilized space at the former University Medical Center to temporarily house these youth. This site maintains meal deliveries and snacks, activities, and 24-hour staff supervision. At the time, neither location met licensing requirements for temporary placements and CDSS had advised the Department that foster youth cannot be placed in any unlicensed facilities regardless of the duration stay. To remedy this situation, CDSS allowed the Department to pursue licensure of a TrSCF.
On January 18, 2022, your Board approved the Department’s request to submit a TrSCF license application to the CDSS. The application was submitted on February 3, 2022, and the Department has been working closely with the CDSS to ensure all necessary components of the TrSCF are met. One remaining component is to designate a governing body to provide oversight of the TrSCF.
The Operating Standards, Chapter 12 developed by CDSS for TrSCFs state that for county operated TrSCF, the Board of Supervisors of the County shall serve as the “governing body” or “board of directors” of the facility. The governing body is responsible for the review and approval of the shelter’s policies, procedures, and operations. The first recommended action brings forth a resolution that will designate the Board of Supervisors to serve as the governing body for Fresno County’s TrSCF. The Board of Supervisors may, at any time, appoint no fewer than three individuals to serve as the governing body if the Board of Supervisors no longer wants to serve in that role. Should your Board elect to appoint delegates to serve as the governing body, the Department will bring forth an item for your Board’s consideration and approval.
As a practical matter, the Operating Standards, Chapter 12 allows the governing body to assign day-to-day activities to a staff member, occasionally called an Executive Director. While some important decisions and duties may be delegated, those decisions must be reviewed and approved by the governing body. The third recommended action asks your Board to delegate the Director of Social Services to serve as the Executive Director for the TrSCF to maintain ongoing operations. The delegation will allow the Director to adopt policies and procedures that affect the day-to-day decision making and operational management to effectuate policies and procedures outlined in the County’s TrSCF Plan of Operation. The adoption of any changes affecting the County’s TrSCF Plan of Operation will later be brought to the Board for approval.
The Board members are required to receive the Publication 326, Facts You Need To Know, Group Home Board of Directors, and review and sign the Board of Director Statement (LIC 9165) which indicates that the member(s) have reviewed and understand the duties and obligations of the governing body and the regulations that are enforced by CDSS. Operating Standards, Chapter 12, section 86618(h) allows a designee of the Board of Supervisors to sign the form on their behalf. The second recommended action formally asks the Board to accept the Publication 326 and the fourth recommended action approves and authorizes the Board of Supervisors’ designee, the Executive Director, to sign the Board of Director Statement.
Approval of the recommended action items five through eight are required duties set forth by CDSS for the governing body to review and approve. The recommended actions five and six asks the Board to approve the policies and procedures governing the TrSCF. The Department, in consultation with Rising Social Strategies and with input provided by CDSS, developed Fresno County’s TrSCF Plan of Operation which outlines shelter’s purpose, program methods, goals, and policies. This document is the definitive plan on how the County will operate transitional shelter services in compliance with State regulations. Included in the Plan of Operation is the Emergency Intervention Plan. The Emergency Intervention Plan explains the use of emergency interventions that may be used to prevent a youth who exhibits assaultive behavior from injuring or endangering themselves or others. This plan was reviewed and approved by Dr. Marianne Jackson, a Board-Certified Behavior Analyst-D (Doctoral BCBA).
The recommended action number seven asks the Board to approve the written statement delegating the duties to the County’s TrSCF administrator. The administrator duties are outlined in CDSS’ TrSCF regulations section 86664. The written statement details the same duties with additional responsibilities to ensure care, supervision, and accountability.
The recommended action number eight asks the Board to approve the facility budget. The facility budget is an estimation of costs associated to running the TrSCF and is included in the Department’s adopted budget for fiscal year 2023-24 which was approved by your Board on September 11, 2023.
Approval of the ninth recommended action will allow the County to enter into an agreement with CDSS to operate the TrSCF. The agreement provided by the CDSS outlines the general terms and operating conditions of the license. Agreeing to these terms would mean agreeing to and operating by the Transitional Shelter Care Facility Operating Standards provided by CDSS. The TrSCF license for the County to operate a TrSCF shall be valid for (3) three years from the date the provisional license is issued. The TrSCF license expiration date may be extended upon written request by the County.
REFERENCE MATERIAL:
BAI #32, January 18, 2022
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolution
Publication 326, Facts You Need to Know
LIC 9165
Fresno County Transitional Shelter Care Facility Plan of Operation
Emergency Intervention Plan
Written Statement of Duties for the Administrator
Facility Budget
On file with Clerk - Essential Terms Agreement with CDSS
CAO ANALYST:
Ron Alexander