HomeMy WebLinkAboutbocc.res.042.2016 STAFF AUTHORIZED
�y� �r SIGNATURE
aii”T'ST cTi ar.
C444e t 0100 rilerf Atulaottek
EMERGENCY RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS("BOCC")OF PITKIN
COUNTY, COLORADO,APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN
PITKIN COUNTY("PITKIN")AND THE STATE OF
COLORADO DEPARTMENT OF HUMAN SERVICES
FOR THE PROVISION OF TITLE IV-E WAIVER
DEMONSTRATION PROJECTS
RESOLUTION NO.6 ,2016
RECITALS:
1. Pursuant to Title 29,Article I,part 2,Colorado Revised Statutes, as amended(the
"Intergovernmental Relations Statutes")and Article XIV, Section IS of the
Colorado Constitution, governments may contract with one another to provide any
function,service or facility lawfully authorized to each of the contracting units and
any such contract may provide for the joint exercise of the function, service or
facility,including the establishment of a separate legal entity to do so.
2. Pitkin County wishes to approve a Memorandum of Understanding for the purposes
of continuing to provide IV-Waiver Demonstration Project Interventions: Family
Engagement and Permanency Roundtables for State Fiscal Year(SFY) 17, and;
3. CRS 26-5-105.4 requires CDHS and Pitkin County to enter into a
Memorandum of Understanding that explains the County's duties and
responsibilities in implementing the Title IV-E Waiver Demonstration Projects,
and;
4. The BOCC finds that it is in the best interest of the citizens of Pitkin and CDHS
to approve this MOU in order to insure the health and welfare of at risk children
and families in Pitkin County.
5. The BOCC finds that it is in the best interest of the citizens of Pitkin County to
adopt this resolution as an emergency resolution.
• NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that: Pitkin County is authorized to enter into a Memorandum
of Understanding with CDHS in substantially the same form satisfactory to the County
Attorney; and authorizes the Chair or the Director of Health and Human Services to sign
the agreement on behalf of the County and further,authorization for the Director of
Health and Human Services to sign all future amendments to this Memorandum of
Understanding with approval of such by the county manager.
A ' : BOARD OF COUNTY COMMISSIONERS
i
Byi lI !�� ./. �,,. Bye_ .. �.
c ; `._,
ig
Jea •tie Jones Rache E. Richards,Chair
De. i ty County Clerk
Date: :, --9- --1,-0/6
APPROVED AS TO FORM: MANAGER APPROVAL
c _- /
John E . , "out •ttomey Jon Peacock, ounty Manager)
3
INTRODUCED, READ AN1l AnnoTED AS AN EMERGENCY RESOLUTION ON
THE "2144 DAY OF /J o 2016 AND SET FOR CONFIRMATORY
PUBLIC HEARING ON TILL /3g, DAY OF x+U/44-, ,2016.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN
TIMES WEEKLY ON THE j0tt DAY OF (17,1t , 2016.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
www.pitkincountv.com ON THE V9 AY OF di/A 2016.
CL
CONFIR}1Ep AT A CONFIRMATORY PUBLIC HEARING ON THE A3 DAY
OF(�✓ -. 2016.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIR5TORY
PUB IC HEARING, IN THE ASPEN TIMES WEEKLY ON THE 9/ DAY OF
V/v , 2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
COUNTY WEBSITE www.pitkincounty.com ON THE /6 'DAY
OF 14 2016
ATT ACHMEN-r 8
MEMORANDUM OF UNDERSTANDING
The Sinlc of Colorado Department of Human Services
And
The Board of County Commissioners or other elected governing body of Pump
County(les),Colorado
This Memorandum of Undmlanding (or "MOU") is made this lhut day of
fune,2016 between the Slate of Colorado Department of Human Services (the
"CDHS") and the Board of County Commissioners or other elected governing body of
Bible Counly(ies),Colorado(the"County").
CDHS is the sole slate agency with the responsibility to administer or supervise the
administration of the human services programs listed in CRS 26-1-201.
The Colorado General Assembly enacted SB 13-231 in response to the CDHS being granted
waiver authority by the United States Department of Health and Human Services,Administration
for Children and Families,under Section 1130 of the Social Security Act,which authorizesstates
to conduct demonstration projects which ate determined to promote the objectives of pans B or
E of Title IV of the Social Security Act. A copy of the waiver temp end conditions are attached
to this MOU as Exhibit A.
CRS 26-5-105.4 requires CDHS and the County to enter Into a Memorandum of Understanding
That explains the County's duties and responsibilities in implementing the Tide IV.E Waiver
Demonstration Projects.
CDHS and the County understand and agree that the services outlined in this MOU ere subject to
available apptoptialions by the General Assembly,and neither party will be obligated to provide
services or assistance Undermine appropriations have not been mode
The following terns are agreed to by CDHS and the County.
I. MOU MEETS PERFORMANCE AGREEMENT REQUIREMENT
The parties agree That the provisions of this MOU constitute compliance with CRS 26-5-105.4.
2. TERM
The term of this MDU will be from July 1,2016 to and including June 30,2017.
3. DEFINITIONS
The panics agree to provide the following minimum services to the identified populations as
denoted below(check all that apply):
Q Family Engagement— Meetings will be provided to families with a newly opened
child welfare case during the demonstration period:
• Within 7 business days of cue opening;
o (in FAR cases, within 7 business days after the 60's day (69 days by
including weekends);
• Within 7 business days of initial placement;
• Every 90 days when in out-of-home cmc(DHS/DSS custody);
• Every 6 months in in-home(case open).
12] Permanency Roundtables—Meeting will be held quanerly fon.
O All open cases involving a childryouth with a goal of Other Planned Permanent
Living Arrangement;and/or
ID All open cases involving a child/youth who has been in out of home care for 12+
months;and/or
❑Other.
❑ Kinship Supports—Support services and goods will be provided to kinship families
who am:
❑ Licensed kinship foster caregivers;
❑Non-licensed kinship foster caregivers.
2
❑ Trauma Informed Screening. Assessment, and Treatment to the following target
population:
4. REQUIRED DUTIES OF THE COUNTY
a) During the tens of the agreement,the County agrees to implement the intervention(s)in
accordance with the rules adopted by the State Board of Human Services, and as
described in Exhibit B,"County IV-E Waiver Demonstration Application,"modified as
necessary in accordance with Section 6 of this Memorandum of Understanding.
b) The County will maintain sufficient records, will submit reports, and will accurately
record Colorado Trails(Trails)and CFMS actions as may be required to document all
cost and case activities supponing the implementation of the Waiver, and will permit
CDHS, its evaluators, duly designated agents and/or representatives of the federal
government, to inspect the records and will make such records available to CDHS as
specified In CRS 26.1422. If the County complies with current record keeping
requirements as outlined by current rules, such shall be considered to be "sufficient
records."
e) Counties shall report costs to provide an intervention service to an individual, as
authorized through this MOU. The cost shall include the type of intervention service
provided, the volume of such services provided, and costs of the intervention service,
where applicable. The costs include intervention funds, staff end vendor costs as
identified in Trails,County Financial Management System (CFMS)and/or 100%time
reporting by individuals performing a waiver activity. There is presumption that a cost
is not a waiver cost unless affirmatively documented in CFMS,Trails,and/or a vendor's
time detail report for 100%lime reporting.
d) The County agrees to participate in the evaluation of the Title IV-E Waiver
Demonstration Project, as described under Section 3 of'Exhibit A,and as established
under CRS 26-5-105.4.
e) In accordance with CRS 26-5-105.4,the County agrees to the State retaining 50°e of the
Child Welfare savings resulting from the IV-E Waiver activities. The remaining 50as
3
savings will be retained by the County for additional Child Welfare services,as defined
in CRS 26-5-101.3.Cost savings are determined as follows:
I) The difference between t) the amount of Title W-E hinds that were claimed for
foster care maintenance, case planning and administration and eligibility
determination in State Fiscal Year("SFY")2012.13,and ii)the amount of Title 1V-E
funds that would have been claimed for faster core maintenance,case planning and
administration and eligibility determination in SFY 2016-17, had the State of
Colorado not been granted waiver authority by the United States Department of
Health and Human Services under Section 1 130 of the Social Security Act.
2) For the ten counties with the largest caseload size, the mathadologry for distributing
cost savings between counties that have entered into a Title IV-E Waiver
Demonstration Project MOO shall be based on the reduction in the number of foster
care bed days between SFY 2012-13 and SFY 2016-17;
3) For all other counties that have entered into o Title IV-E Waiver Demonstration MOU
with CDHS,the methodology for distributing cost savings between counties that have
entered into a Title IV-E Waiver Demonstration Project MOO shall be based on the
reduction in the number of foster care bed days between either SFY 2011-12 or SFY
2012-13,and SFY 2016.17,as selected by the County.
4) "Cost savings" shall not include unspent Title IV-E Waiver Demonstration Project
funds provided to counties through the MOU for purposes of implementing Waiver
Interventions. Any such unspent Ponds remaining at the end of SFY 201647 shall
revert to the CDHS and shall be included in the total amount of available funds for
counties'Sr(2017-18 IV-E Waiver Demonstration interventions.
5) The County insures any county employee funded with Title IV-E Waiver Intervention
funds participates in 100% time reporting. County employees with 100%of lime
devoted to Title IV-E Waiver intervention(s) may utilize the 6 Month Cenifscaion
fon,,in lieu of 100%time reporting.
f) No later than June 30,2019, the County agrees to use 50%of the underspent county
Title IV-E Waiver funds for child welfare services that can include:
l) IV-E Waiver intervention services to eligible and non-eligible Title IV-E children
4
2) Conventional title IV-E program services that ere maintained for those Title fV-E
eligible children in out of home placement
3) Other child welfare services to eligible and non-eligible Title IV-E children and their
families
9) The County plan to expend either allocated Title IV-E Waiver funds,or underspent
county Title fV-E Waiver funds as outlined in Exhibit B.
5. DUTIES OF CDHS
o) CDHS will oversee the implementation of the Tide IV-E Waiver Demonstration Project,
and will develop standardized forms and reporting processes for the tracking of
participants,in consultation with the Counties.
6) CDHS will monitor the County's provision of Title IV-E Waiver intervention services as
outlined in the Exhibit B and Exhibit C. CDHS will pull any necessary records or duo
for monitoring proposes from existing TRAILS and other current recording/data keeping
systems. CDHS will not request the County to compile records/dew that CDHS may
compile or access through the use of TRAILS or other recordVdeta keeping systems.
c) CDHS will exercise oversight or and responsibility for the development,
implementation, maintenance,and enhancement of Trails and its application relative to
Child Welfare Services.
d) For SFV 16/17 and subsequent years,CDHS agrees to allocate to counties any Title IV-
E funds tnnsmitled to the Title IV-E Waiver cash fund and appropriated by the general
assembly to either implement the Title IV-E Waiver Demonstration Project,orb fund
out of home placement and case planning for Title IV-E eligible children,in accordance
with CRS 26-5-105.4.
6. BUDGET
In the preparing of Exhibit B,`County I V-E Waiver Demonstration Application,'the County
shall develop a detailed budget that identifies all direct costs associated with the implementation
of the Waiver interventions,as defined In Section 3 of this Memorandum,for which the County
has applied for IV-E Waiver Demonstration hinds,
5
a) Based on lie results of negotiations with CDHS,should the level of funding awarded
through the MOU differ from the funding requested through the Application,the County
shall prepare and submit a revised Budget and any other changes m service delivery that
will differ from the County's original Application submission. The revisions to the
Application,once accepted by CDHS,shall constitute the Exhibit B,and shall become
pail of this MOU.
b) With the written approval of CDHS,the County may request a revision to its accepted
budget during the tean of the agreement:
I) The County may apply for additional IV-E Waiver funds for Waiver interventions
already in practice,provided they evidence that the anticipated goals identified in
o county's original approved application have or will be met by the close of SFY
3016-17.Additional funding may only be used to serve children and families
beyond the number identified in the county's original application for each existing
initiative.
3) The County moy transfer budgeted funds between expenditure line items within
specific intervention,provided that the transferred amounts do not constitute a
significant modification to the services as described within the Application.
3) A wrillen statement of impact to the services as described in the Application shall
be prepared by the County and accompany any requested budget revisions that
exceed the thresholds as identified in Sections 6.8.1 mid 6.6.2 above,and may be
required by CDHS for any requested budget revision falling within the tlreshn)ds
identified in Sections 6.8.1 and 6.8.2 above.
7. SEVERABILITY
To the extent that this MOO is executed,and performance of the obligations of the parties may
be accomplished,the terms of the MOO are severable.Should any singular lens in this MOO be
declared invalid or become inoperative for any reason,it will not invalidate die MOO itself,or
any of the terms included therein.
6
8 INTEGRATION OF UNDERSTANDING
The parties recognize the nature of the relationship between the County and the Stale.This
relationship is governed more broadly by pertinent provisions oldie Colorado Constitution and
of stem statutes end rules,including lawful rules promulgated by the Slate Board of Human
Services.The panics funher recognize that this MOU is not Intended to supersede or change the
relationship between the County and the Slate as established by any legal authority.
9. NO THIRD PARTY BENEFICIARY
This MOU is binding to CDHS and the County,as well as their respective successors and
assigns it is agreed that the enforcement of the terms and conditions of this MOU INC reserved
for CDHS and the County,to the extent permitted by low.Nothing contained in this MOU allows
a claim or right of notion by a third patty.Any third party receiving services or benefits under the
provisions of this MOU is deemed on incidental beneficiary.
10. DISPUTE RESOLUTION
Prior to the execution of this document,if the ponies are unable to reach agreement concerning
the inclusion of,or wording of,provisions of the MOO,either pony may refer the dispute to the
Title IV-E Waiver Demonstration Project Oversight Committee.The Committee's decision will
be made by a majority vote of its members,and is non-binding.
If dissatisfied with the decision of the oversight committee,either potty may seek review by the
Office Director of Children Youth and Families or designee. Nothing in these provisions limits a
parry's ability to pursue other remedies available under the law.
11. TERMINATION
The parties aclmewledge that withdrawal horn this MOU will result in the termination of this
Agreement and termination of funding and services associated with this Agreement.The County
shall assure as link disruption as possible in the delivery of services provided to Recipients.
a) WidMrawavrennination. Any party may withdraw from this Agreement at any time
by providing 30 days written notice to all other Parties.
7
b1 For Loss of Funds.Any party may withdraw from this Agreement,in the event of loss
or reduction of resourccs from its funding sources and shall provide notice of
withdrawal,in writing within 30 days.
c) Leek of Compliance. CDHS may terminate the agreement Wit is found the County Is
not complying with the terms of this memorandum. In the event the memorandum is
terminated for failure to perforin,interventions hinds may be reduced at the discretion
of CDHS.
8
IN WITNESS WHEREOF,the Panics hereto,through their authorized represenintives have
executed this Memorandum of Understanding effective for the dates written above.
altdi //ISIIa, "la b7 -07 . 76
Ann Rosales,Director,Division of Child Welfare Dam
COUNTY(ies)OF {'IAX--r COLORADO,
by and through the BOARD OF COUNTY COMMISSIONERS I' n /� � ,,\
_ ` _ . I( • i ✓1 152�y2 G-' ACL4.d� f-t`--" 1
Chairman (d z9\(lo 6 1 3-a of (
ATTEST:
County Clerk to the Board
DATE:
9