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HomeMy WebLinkAbout20011020.tiff RESOLUTION RE: APPROVE REVISIONS TO OPERATIONS MANUAL, SECTION 2.000, SOCIAL SERVICES DIVISION POLICIES AND PROCEDURES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Social Services has presented revisions to the Operations Manual, Section 2.000, Social Services Division Policies and Procedures, to the Board of County Commissioners of Weld County, for consideration and approval, and WHEREAS, after review, the Board deems it advisable to approve said revisions, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the revisions to the Operations Manual, Section 2.000, Social Services Division Policies and Procedures for the Department of Social Services be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CONTY, COLORADO ATTEST: , / v'�' E La% M. J. eile, hair Weld County Clerk to the�:o- t`„�it ` ' 1861 I'1f44.111/4? `t -4,10" � Glenn V a ro-Tem BY: ,% i ' Deputy Clerk to the Bo [UN(\ 1 -t\, , f( _f Will . Jere77 /� APP ED AS TO FORM: an \- David . ong unty Attor ey Robert D. Ma den 2001-1020 T e <.-5- SS0028 DEPARTMENT OF SOCIAL SERVICES PC BOX A GREELEV,CO 80632 I WEBSITE:www.co.weld.co.us Administration and Public Assistance(970)352-1551111 CChild Support(970)352-6933 COLORADO MEMORANDUM • TO: M. J. Geile, Chair Date: April 2, 2001 Board of County Commissioners l FR: Judy A. Griego, Director, Social Services)+ 6 ci Om RE: Revision to Section 2.000, Social Services Division Policies and Procedures, Weld County Department of Social Services Operations Manual Enclosed for Board approval are revisions to Section 2.000, Social Services Division Policies and Procedures, Weld County Department of Social Services Operations Manual. 1. Supervised Visitation Services: This revision is necessary to respond the increased demand of supervised visitation services, mandated by the Court, in South Weld County. These supervised visits are being conducted by caseworkers. Background: Currently, the Department has two contractors—Child Advocacy, Resource, and Education (CARE) and Dream Team—that provide supervised visitation services under our CORE Services Program. Both contractors are not able to provide services to South Weld County or add to their current caseload. Dream Team has provided notice that they will cease to be a contractor of the Department beginning June 1, 2001, and has begun to phase-out its program. CARE is paid an hourly rate of$32.23 and Dream Team is paid an hourly rate of $38.69. These hourly rates include all costs including direct and indirect costs and are paid on an hourly basis for direct, face-to-face services only. The Department requests approval of a revision to Section 2.000 to: A. Add, under its CORE Services Program, the Weld County Department of Human Services as a provider of supervised visitation services for children in the custody of the Department and their biological parents. These visits may take place within the South Weld County Head Start Centers or other locations appropriate for the child. The Weld County Department of Human Services will refer Human Services staff members who meet the Department's qualifications for the Case Aide Position, including the 2001-1020 MEMORANDUM Page 2 M.J. Geile, Chair, Board of County Commissioners April 2, 2001 ability to transport children and other screening criteria. The Department will provide the necessary and required Case Aide training of Human Services staff. Reference: Section 2.802.5 through Section 2.802.52. B. Add a provision for reimbursement transfer authority from the Department to the Weld County Department of Human Services. The maximum reimbursement level under this transfer authority will be $10,000 with a limit of 60 hours of visitation services per week. The period of reimbursement would end May 31, 2001, to coincide with the term of the Core Services budget, which is the source of funding. Renewal of this project will be required yearly to coincide with the Core Services Program Plan Year of June 1 through May 31. Social Services will agree to reimburse an hourly wage of$12.87 including fringe and County- approved mileage for part-time staff. The source of funds will be Core Services funding. Reference: Section 2.802.53. 2. Citizen Review Panel Procedures and Conflict Resolution Process: This revision is necessary to conform to changes adopted by the Board in March 2001. This change provides for an appointment of an Administrative Liaison. The Department requests approval of a revision to Section 2.000 to: A. The definition of an Administrative Liaison was changed to conform to Board policy. Reference: Section 2.905. B. The name of the new Administrative Liaison appointment to the Board was included in the form entitled, Notice of Rights and Remedies for Families. This form is given to families whose child has been or is being removed from the home according to Title 19, C.R.S., the Colorado Children's Code. Reference 2.102. If you have any questions, please telephone me at extension 6510. Social Services Division Policies and Procedures 2.802.5 Supervised Visitation Services Added 3/01 Supervised visitation services is provided by three methods: A. Department's Case Aides: Case Aides supervise court-ordered visits between foster parents and biological/adoptive parents. Case aides provide for the transportation of foster children to and from visits, if necessary. Case Aides must meet the qualifications and training for a Case Aide B. Core Services Program Vendors: Supervised visitation services are provided by vendors who meet the qualifications set by Department, as described in Section 2.802.1 and Section 2.802.3. Supervised visitation services are considered a Life Skills Program. C. Weld County Department of Human Services (Human Services) Supervised Visitation Program: The Weld County Department of Human Services (Human Services) will provide supervised visitation services in South Weld County for a period ending May 31, 2001. Human Services will assign to the Department its staff members who meet the Case Aide qualifications and training as set forth for Department Case Aides. 2.802.51 Functions of the Department Regarding Human Services' Supervised Visitation Program A. The Department will provide Case Aide training for Human Services staff members assigned as Case Aides. B. The Department will assign a Child Protection Manager 2 to provide functional supervision of Human Services staff members who are assigned as Case Aides and are conducting Case Aide duties. C. The assigned Child Protection Manager 2 will develop a schedule and supervised visits to Human Services staff members, assigned as Case Aides. Under no circumstances will the Child Protection Manger 2schedule supervised visits the will require the Human Services staff member to work in excess of 20 hours per week. D. The assigned Child Protection Manager 2 will provide functional supervision of the Part-time Human Services staff member's work as a Case Aide. The Human Services supervisor remains the Part- Social Services Division Policies and Procedures time Human Services staff member's supervisor as defined in Weld County Personnel Policies. E. The assigned Child Protection Manager 2 will meet with the Human Services supervisor monthly or as needed to discuss scheduling or related issues regarding the Part-time Human Services staff member. 2.802.52 Functions of Human Services' Regarding Supervised Visitation Program A. Human Services agrees to assign Part-time Human Services staff members as Case Aides to supervise visits between foster parents and biological/adoptive parents in South Weld County. B. Human Services agrees to provide background screening and transportation clearance of all potential Human Services staff members prior to assigning them to Social Services for Case Aide work. C. Human Services agrees to assign a Human Services Supervisor who will be the liaison to, provide joint planning of, and will assist in the coordination and monitoring of the Supervised Visitation Program with the Department. D. Human Services agrees to submit the necessary billing to and as prescribed by the Department. 2.802.53 Reimbursement Transfer Authority from the Department to Human Services The Department will remit to Human Services an amount not to exceed $10,000 for services provided for a period ending May 31, 2001, under its Core Services Program Plan. Human Services will bill the Department for Case Aide hours worked by Human Services staff and mileage related to Case Aide work. The hourly rate for part-time staff will be $12.87 an hour including fringe. Social Services Division Policies and Procedures 2.102 Notice of Rights and Remedies for Families Revised 3/29/99 The Department shall provide a Colorado Department of Human Services form entitled Notice of Rights and Remedies for Families to the parent(s) of a child who has been or is being removed from the home according to Title 19, C.R.S., the Colorado Children's Code. 2.102.1 Procedures Revised 3/29/99 A. The caseworker will provide a copy of the form referenced in Section 2.102 to the parent(s) and family from whom the child is removed at the time of the removal. Copies shall also be supplied to all law enforcement agencies in the county. B. The caseworker will assure that the section entitled County Specific and Important Telephone Numbers is complete and document as follows: 1. The caseworker's name and telephone number including the extension. 2. The law enforcement officer's name and telephone number including extension, if available. 3. Director's name. 4. Social Services Grievance Coordinator name, who is Judy Crosby, including telephone number and extension. 5. Other local resources statement that the Citizen Review Panel Procedures and Conflict Resolution Process is available through the Administrative Liaison(Office Manager, Board of County Commissioners). Adm/manss36.jag Social Services Division Policies and Procedures 2.905 Citizen Review Panel Procedures and Conflict Resolution Process Revised 3/29/99 On January 5, 1998, the Board of County Commissioners adopted Citizen Review Panel Procedures and Conflict Resolution Process concerning the conduct of Department personnel in performing their duties pursuant to Article 3 of the Colorado Children's Code. Enabling authority for the Citizen Review Panel and Conflict Resolution Process is found in Article 3, Part 2, Section 19 of Title 19 of the Colorado Revised Statutes, C.R.S. § 19-3-211 ("Colorado Children's Code"). Further authority is found at 12 C.C.R. 2509-5, §7.400.7. 2.905.1 Definitions Revised 3/01 Definitions are provided in the Board of County Commissioners adopted procedures and process. A limited number of these definitions are included in this section for purposes of clarity as follows: A. Administrative Liaison: means a person who has been appointed by the Board for the purpose of assisting the Citizen Review Panel in coordinating and completing its duties pursuant to these Procedures and Conflict Resolution Process. B. Board: means the Board of County Commissioners of Weld County. C. Citizen Review Panel: means an advisory body appointed by the Board to hear and make recommendations concerning grievances filed concerning the conduct of Department employees in performing their duties under Article 3 of the Colorado Children's Code. D. Conduct of an Employee of the Department: means behaviors or actions that are contrary to state or federal law or regulation, or are dangerous, malicious, or negligent to/toward the well-being of the Complainant or child(ren)who are involved in a dependency or neglect case. The term does not include conduct a prudent, reasonable professional would utilize in similar circumstances of an investigation or case management. E. Complainant: means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect Adm\manssl6.jag Social Services Division Policies and Procedures and brings a grievance against the Department in accordance with C.R.S. § 19-3-211. F. Director: means the Director of the Weld County Department of Social Services. G. Department: means the Weld County Department of Social Services. H. Grievance: means a complaint filed concerning the conduct of Department employees in performing their duties under Article 3 of the Colorado Children's Code. The term does not include complaints regarding actions by the courts, attorneys, law enforcement officials, employees of the State of Colorado, foster parents or other providers of services to children, or other family members. I. Recommendation: means a proposed course of action that may be implemented by the Director to resolve a grievance. These proposed actions may include recommendations for case reassignment, personnel training, and disciplinary action against the Subject Employee. If any disciplinary action is initiated against the Subject Employees as a result of the Panel's recommendations,he or she is entitled to all applicable safeguards, including procedural rights of appeal, afforded under the Weld County Personnel Policies Handbook. J. Subject Employee: means an employee of the Department whose conduct is subject of a grievance. 2.905.2 Access to Citizen Review Panel Procedures and Conflict Resolution Process Revised 3/01 A. The Board has appointed the Office Manager of the Weld County Board of Commissioners as the Administrative Liaison. The Administrative Liaison will have on file the copy of the Board of County Commissioner's adopted policy and process. B. Department employees may request a copy of such adopted policy and process through Judy Crosby. The Administrative Liaison will notify Judy Crosby of any changes in the Procedures and Conflict Resolution Process. Adm\manss 16.jag NOTICE OF RIGHTS AND REMEDIES FOR FAMILIES Yot}r child(ren)have been, OR are being removed from your home pursuant to Colorado Revised Statute, Title 19, C.R.S., the Colorado Children's Code. This notice provides you with important information. This is an important document, please read it carefully, If English is not your primary language, or you are hearing impaired you may request an interpreter for all proceedings, If you know or have reason to know your family is of American Indian heritage, the Indian Child Welfare Act (P.L. 95-608) applies. The United State Constitution and State of Colorado Constitution guarantee your right to due process which includes a fair hearing. PARENTAL RIGHTS 1. You have a right to receive this NOTICE OF RIGHTS AND REMEDIES and a juvenile court order. 2. You have a right to an attorney. If the court decides you cannot afford to pay an attorney one will be provided for you at no cost. You are entitled to petition the court to appoint an attorney of your choosing that may or may not be granted by the Court. 3. You have the right to participate with the County Department of Social Services (referred to hereinafter a D.S.S.) Caseworker in developing a case plan. All parties will be requested to sign the case plan. Caseworker in developing a case plan. All parties will be requested to sign the case plan. 4. You have the right to a Detention Hearing within 48 to 72 hours to determine if your child(ren) should return home. This hearing MUST be held either within 48 hours, excluding Saturdays, Sundays and holidays. If the court decides that your child(ren) should not return home, your children may be placed with their grandparents or other appropriate relatives, or remain in foster care with the County D.S.S. You have the right to testify and present witnesses in the court as to why the children should be allowed to return home, or whether they should be placed with their grandparents or other relatives. You have the right to compel witnesses by subpoena, to attend all court proceedings, and to ask questions of any witnesses. If the petition is granted, the child(ren) are adjudicated dependent and neglected; legal custody of your child(ren) may be given to the County D.S.S. Families may make later formal requests, at anytime, for a hearing to regain legal custody of their child(ren). 5. You have the right to a Juvenile Judge instead of a magistrate at all proceedings of the court except the initial Detention hearing. 6. You have the right to have the Dependency and Neglect Petition filed with the court no later than 10 working days after child(ren) are removed (Rules of Juvenile Procedure, Rule 4.A.) 7. You have the right to a jury trial. 8. You have the right to have the People prove that the allegations of the petition are true by a preponderance of the evidence. In the case of an Indian child the standard is clear and convincing evidence. If the petition is not granted, the court can order the state to pay all your costs. 9. You have a right to appeal any fmal decision of the court, unless you agree to a fmding that your children are "Dependent and Neglected: (this would include an admission of"no fault of your own"). In that case, you lose your rights to a jury trial, to subpoena witnesses and to appeal the court's finding of"Dependent and Neglected". 10. You have a right to complain, through a grievance process adopted by the Weld County Board of Social Services, regarding the conduct of a Department employee in performing his or her duties pursuant to Article 3 of the Colorado Children's Code, You written complaint will be treated as a grievance in the process if the conduct was contrary to state or federal law or regulation, or was dangerous, malicious, or negligent to/toward you well-being or the well-being of child(ren) who are involved in the dependency or neglect case. NON-EMERGENCY REMOVAL: If you child(ren) are being removed in a non-emergency situation, you are to receive a copy of the juvenile court order authorizing the removal and stating the reasons why your child(ren) are being removed along with a copy of this notice, (If your child is removed from some place other than the home, you are to receive the order the same day.) Specific reason for non-emergency removal: If you child(ren) have been or are being removed under Colorado Statute19-3-401, you will receive a copy of the court order forthwith. The reason for emergency removal is (reason cited from Colorado Statute 19-3-401: Taking children into custody. (1) A child may be taken into temporary custody by a law enforcement officer without order of the court: (a) When the child's abandoned, lost or seriously endangered in such child's surroundings or seriously endangers others and immediate removal appears to be necessary for such child's protection of others. _(b) When there are reasonable grounds to believe that such child has run away or escaped from such child's parents, guardian, or legal custodian; or _ (c) When an arrest warrant has been issued for such child's parent or guardian on the basis of an alleged violation of section 18- 3-304, C.R.S. No child taken into temporary custody pursuant to this paragraph (c) shall be placed in detention or jail. (1.5) An emergency exists and a child is seriously endangered as described in paragraph (a) of subsection (1) of this section whenever the safety or well-being of a child is immediately at issue and there is no other reasonable way to protect the child without removing protective custody regardless of whether reasonable efforts to preserve the family have been made. (2) The taking of a child into temporary custody under this section shall not be deemed an arrest, nor shall it constitute a police record. Specific reason for removal REASONABLE EFFORTS: The law requires that reasonable efforts be made before, during, and after removal of child(ren) with parents, as described in 19-0- 103, C.R.S. (89) "Reasonable efforts.." means the exercise of diligence and care throughout the state of Colorado for children who are in out- of-home placement, or are at imminent risk of out-of-home placement, to provide, purchase, or develop the supportive and rehabilitative services to the family that are required both to prevent unnecessary placement of children outside of such children's homes and to foster, whenever appropriate, the reunification of children with the families of such children. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (89). Noting in this subsection (89) shall be construed to reflect with federal law. State what reasonable efforts have been made to prevent the removal of the child(ren) from the home or explain why these efforts were not made: TERMINATION OF PARENTAL RIGHTS: If you do not comply with the treatment plan ordered by the court, your parental rights may be terminated at a separate hearing. The standard of evidence for termination of parental rights is clear and convincing in all cases, except in cases of Indian child(ren) where the standard is beyond a reasonable doubt. If the petition is not granted, the court can order the state to pay all your costs. While your child(ren) is placed out of the home you have the right to visit your child(en) as permitted by the court and be advised of their well-being, There will be regular court-ordered reviews. Periodic reviews take place at the county department of social services. Reviews in court can be requested by your or required by the court. CONFLICT RESOLUTION: The Weld County Board of Social Services has established a Conflict Resolution Process to provide a forum for grievances concerning the conduct of Weld County Department of Social Services employees in performing their duties in dependency and neglect investigations and cases. You are eligible to utilize the Conflict Resolution Process if you are the subject of a report of child abuse or neglect, or the parent(s), guardian(s), or legal custodian(s) of a child who is the subject of such a report. If you wish to submit a grievance under the Conflict Resolution Process, you will need to contact Ms. Vicky Sprague at (970) 356-4000, ext. 4200. Her office if located at the Weld County Board of County Commissioners, 915 10'h Street-, Greeley, CO 80631. Any such grievance must be submitted to Ms. Sprague in writing no later than thirty (30) calendar days of the alleged incident of the employee conduct which is the subject of your grievance. COUNTY SPECIFIC AND IMPORTANT TELEPHONE NUMBERS: Caseworker (name and number) Law Enforcement(name and number County Department of Social Services Director Judy A. Griego. (970) 352-1551 ext. 6501 Social Services Grievance Coordinator Judy Crosby. (970) 352-1551 ext. 6501 Other local resources The Citizen Review Panel Procedures and Conflict Resolution Process is available through Judy Crosby, (970) 352_1551. ext. 6501 Conflict Resolution Coordinator Vicky Sprague 356-4000. ext. 4200 State Form Adopted 1/1/98 Revised by Weld County Department of Social Services 04/01 Hello