DATE: October 22, 2024
TO: Board of Supervisors
SUBMITTED BY: Sanja Bugay, Director, Department of Social Services
Kirk Haynes, Chief Probation Officer, Department of Probation
SUBJECT: Retroactive Agreement with Fresno County Superintendent of Schools for Foster Youth Network Data Share
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute retroactive Agreement with Fresno County Superintendent of Schools to continue participation in the Foster Youth Network, effective July 1, 2024 through June 30, 2027 ($0); and,
2. Approve and authorize Department of Social Services and Probation employees who require access to the Foster Youth Network to execute a Foster Youth Services Coordinating Program of Sacramento, Foster Focus Confidentiality Agreement with Sacramento County Office of Education.
REPORT
Approval of the recommended actions will allow authorized individuals within the Department of Social Services (DSS) and Probation to continue to exchange information pertaining to foster or probation youth with the Fresno County Superintendent of Schools (FCSS) and local school districts through the Foster Youth Network (FYN). Participation in the exchange of information with school districts supports improvement in educational outcomes and the well-being of youth in foster care, with no increase in Net County Cost. The item is countywide.
ALTERNATIVE ACTION(S):
Your Board could choose to not approve the recommended actions, which may delay and/or reduce access to information needed to improve educational outcomes for foster youth.
RETROACTIVE AGREEMENT:
The recommended action is retroactive to July 1, 2024, due to several necessary adjustments to the original draft, received in May 2024, as well as the collection of required signatures, that created a delay in processing deadlines. This final agreement with all needed adjustments was received on July 26, 2024 and is being taken to the Board for approval at this time.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The recommended agreement requires no monetary exchange between FCSS and the County. DSS and Probation assign staff to monitor the educational progress of foster youth as normal course of departmental functions. Salary and benefit costs associated with these functions are included in the Department Social Services Org 5610 and Probation Org 3430 FY 2024-2025 Adopted Budgets.
DISCUSSION:
Since January 2012, the County has maintained a Board-approved agreement with FCSS that allows DSS and Probation to participate in a web-based information sharing database known as Foster Youth Network (FYN). FYN is intended to improve collaboration and exchange of information across agencies serving foster youth to address issues that will improve educational outcomes and child well-being. The information obtained through the FYN is critical to the provision of timely and comprehensive services to these children.
On April 27, 2021, your Board approved Agreement No. 21-152 for FCSS’s updated FYN, which included a new option for direct linkage to the system for participating school districts. There was no change to the County’s access to FYN, nor does this recommended agreement alter the County’s existing access to the system.
FYN allows access to: (1) academic, attendance, and disciplinary records; (2) contact information for significant individuals in the student's life; and (3) school placement history. The database also allows designated staff to document educational plans for foster youth. The exchange of data is permitted through a Fresno County Superior Court Order and the Welfare and Institutions Code sections 16001.9 and 16011. et. seq. DSS and Probation will ensure the sharing of specific information under the recommended agreement is allowable under applicable law.
Approval of the second recommended action will allow employees of DSS and Probation who require access to FYN to sign a confidentiality agreement with Sacramento County of Education, the entity that maintains the FYN data system, to ensure compliance with confidentiality provisions and to ensure access to records is solely for the purpose of providing supportive services to foster and probation youth.
The recommended agreement will be effective retroactively to July 1, 2024, and will expire June 30, 2027, unless either party submits prior written notice of termination. The recommended agreement differs from the County’s model contract in that it contains a mutual hold harmless clause, making each party responsible for losses arising from their own negligent or wrongful performance, or failure to perform. The recommended agreement also includes a provision that provides FCSS the right to charge a fee in the future upon written notice. In the event that fees are requested, the Departments will bring an amendment before your Board for consideration.
The recommended agreement is drafted by FCSS and functions as a master agreement for all participating Fresno County districts and schools. For this reason, Attachments 4, 5, and 6 of the current recommended agreement have placeholder pages. The fully executed and completed agreement maintained by FCSS will have all the signed participation, confidentiality, and linkage agreements.
REFERENCE MATERIAL:
BAI #48, April 27, 2021
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with FCSS
CAO ANALYST:
Ronald Alexander