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HomeMy WebLinkAbout980199.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING REGARDING EXPEDITED PERMANENCY PLANNING IN DEPENDENCY AND NEGLECT CASES AND AUTHORIZE CHAIR TO SIGN 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 Board has been presented with a Memorandum of Understanding Regarding Expedited Permanency Planning in Dependency and Neglect Cases between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the State of Colorado, 19th Judicial District, commencing February 1, 1998, and ending February 1, 2000, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding Regarding Expedited Permanency Planning in Dependency and Neglect Cases between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the State of Colorado, 19th Judicial District, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. 980199 SS0024 �r ; 55; NUM MEMORANDUM OF UNDERSTANDING REGARDING EXPEDITED PERMANENCY PLANNING IN DEPENDENCY AND NEGLECT CASES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of February, A.D., 1998, nuns pro tuns February 1, 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � � ��� - ��i1.� / fin:��.eL• .�i. Constance L. H rbert, Chair Weld Cou ys z W. H. bster, Pro-Tern BY: Oil /1] _sr w Deputy C tf�T .a d -t- Georg . Baxter APP D FORM: EXCUSED DATE OF SIGNING (AYE) Dal K. Hall unty Att rney Barbara J. Kirkmeyer 980199 SS0024 MEMORANDUM OF UNDERSTANDING REGARDING EXPEDITED PERMANENCY PLANNING IN DEPENDENCY AND NEGLECT CASES ruary THIS MEMORANDUM OF UNDERSTANDING is dated this4fd day of�, 1998, and is by and between the Weld County Department of Social Services,through the Weld County Board of Social Services ("Social Services"), and the State of Colorado, 19th Judicial District("Judicial District"). Social Services and Judicial District have an interest in having a program for expedited permanency planning for cases involving children under the age of six at the time of filing of a dependency and neglect case under the provisions of Section 19-1-123 of the revised Colorado Children's Code. The Colorado Department of Human Services will implement expedited procedures on a county-by-county basis contingent upon the availability of moneys in the family issues cash fund created in section 26-5.3-106, C.R.S., including any moneys transferred as a result of out-of-home placement costs avoidance. Social Services has submitted a plan for expedited permanency planning with the Colorado Department of Human Services, in consultation with the Supreme Court of Colorado, for funding and authorization for a two-year period or more and to become effective as of February 1, 1998. Judicial District has submitted a plan for this purpose to the Supreme Court of Colorado, in consultation with the Colorado Department of Human Services, for funding and authorization for a two-year period or more and to become effective as of February 1, 1998. With respect to such program designation by the Colorado Department of Human Services, in consultation with the Supreme Court of Colorado, Social Services and Judicial District agree as follows: a) Judicial District will assume sole fiscal responsibility of expenses for judicial services provided under expedited procedures at the end of two years of the program designation for expedited permanency planning. b) In appropriate instances, Judicial District will allow for paper reviews for non— expedited permanency planning cases involving children over the age of six at the time of filing of a dependency and neglect case. No caseworker or Assistant County Attorney will be required to be present at the time of the paper review. Judicial District may permit the State Foster Care Review to substitute for some reviews. A"paper review," as used in this paragraph, shall include: review of reports furnished by Social Services' caseworker and the child's Guardian ad Litem, and such other information as the court, for good cause, may request; issuance of findings required by Federal or State law; and entry of orders necessary to maintain a child in placement through Social Services or any other 1 of 3 980199 placement approved of by the court. The Judicial District, after reviewing the materials submitted, may require an evidentiary hearing. c) Judicial District and Social Services will continue to meet the seventy-two hours time limit for emergency hearings to be held, including such hearings in expedited permanency planning cases. d) Judicial District, where appropriate, will allow the issue of the number and duration of visits to be determined by the caseworker, Guardian ad Litem, and therapist for the child, in consultation with the parents. If there is disagreement, Social Services recognizes that the parties have a right to due process through the judicial system. e) Judicial District will cooperate with Social Services in setting hearings so that the Assistance County Attorneys' court time occurs in blocks of time, to the extent possible, including specific days, if it becomes appropriate to do so. 0 Judicial District will set aside one-half day per week for forthwith hearings in expedited permanency planning and other cases. This half day should appear on a regularly published schedule. g) In tracking outcomes for the program, Social Services will enter data into the Colorado Department of Human Services' ACCESS data base. h) Judicial District will continue to require parents to take an appropriate share of the responsibility for participating in services. Judicial District will endeavor to work within the established programs required by C.R.S. 19-3-208 or funded through expedited permanency planning and Family Preservation Programs. Social Services recognizes Judicial District's authority to make findings regarding Social Services' reasonable efforts in each case. i) Judicial District and Social Services agree to meet at least quarterly to evaluate the progress of expedited permanency planning. j) Judicial District will order the respondents in any expedited permanency planning case to provide Social Services with the names, addresses,telephone numbers, and any requested information concerning relatives or any other kin so that Social Services may assess their availability as placement resources for children in expedited permanency planning cases. k) Judicial District will order that in the spirit of the Chief Justice Directive 96-08 and pursuant to C.R.S., Section 19-1-307(2)0) that good cause exists for Social Services to release information concerning the child(ren) and the family situation 2 of 3 to relatives or any other kin of the family whom Social Services assesses as possible placement resources for the child(ren). 1) Judicial District and Social Services agree to assist each other in accomplishing expedited permanency plans submitted for funding and authorization to the Supreme Court of Colorado and the Colorado Department of Human Services, respectively. �ebrua,,/ SIGNED this 4n d day of-January/1998. WELD COUNTY DEPARTMENT OF SOCIAL SERVICES, BY AND THROUGH THE WELD COUNTY IL BOARD OF SOCIAL SERVICES I / ATTES ts 4,LC."-fese<,.9c(itettet Deputy Cr t � `� Constance L. Harbert, Chair (02/02/98) APPROVED AS TO FORM 19TH JUDICIAL DIST AND SUBSTANCE: a6riu �J."t A. iego, r, We County i iam est, Chief Jud e 1 e artm-nt of Social Services M"\W p81es\adm\mou.,jag 3 of 3 980199 rsel DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, COLORADO 80632 Administration and Public Assistance (970) 352-1551 C Child S ices (970) 352-6933 1 O Protective and Youth Services (970) 352-1923 MEMORANDUM Food Stamps (970) 356-3850 COLORADO Fax(970) 353-5215 TO: Constance L. Harbert, Chair Date: January 29, 1998 Board of County Commissioners FR: Judy A. Griego, Director, Social Service&% l\C L v a J � RE: Memorandum of Understanding Regarding Expedited Permanency Planning and Dependency and Neglect Cases Enclosed for Board approval is a Memorandum of Understanding regarding Expedited Permanency Planning and Dependency and Neglect Cases between the Weld County Department of Social Services and the 19th Judicial District. The purpose of the Memorandum of Understanding is to outline roles and responsibility between the Weld County Department of Social Services and the 19th Judicial District concerning a program for expedited permanency planning for cases involving children under the age of six. The Board approved a plan submitted to the Colorado Department of Human Services for a program to be funded and authorized for a two-year period and to become effective as of February 1, 1998. If you have any questions, please telephone me at extension 6200. 980199 Hello