HomeMy WebLinkAbout952357.tiffRESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES WITH WELD MENTAL
HEALTH CENTER, INC., AND AUTHORIZE CHAIRMAN 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 Child Protection Agreement for Services
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 Weld Mental
Health Center, Inc., commencing November 1, 1995, and ending October 31, 1996, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Child Protection Agreement for
Services 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 Weld Mental
Health Center, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of November, A.D., 1995, nunc pro tunc November 1, 1995.
APP -S DASTOFOR
Deputy Clerf. the Board
y ttorney
//7* C!
BOARD OF COUNTY COMMISSIONERS
WF,LQ COUNTY, COI ORAPO
Dale K. Hall, Chairman
EXCUSED
Gerhart). Kirkmeyer, P o-Tem
- „7
George E. Baxter ffi
onstance L. Harbert
Webster
952357
SS0021
Contract No. FY96-12000
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND THE WELD COUNTY MENTAL HEALTH CENTER, INC.
This Agreement, made and entered into the 15 th day of November, 1995, by and between
the Board of Weld County Commissioners, on behalf of the Weld County Department of Social
Services, hereinafter referred to as "Social Services," and the Weld County Mental Health Center,
Inc., hereinafter referred to as "Mental Health."
WITNESSETH
WHEREAS, required approval, clearance, and coordination have been accomplished from
and with appropriate agencies; and
WHEREAS, the Colorado Department of Social Services has provided Family Issues Cash
Fund resources to Mental Health and Social Services for psychological evaluation and assessment
services for families, children, and adolescents; and
WHEREAS, Social Services and Mental Health desire to enter into an agreement in
providing psychological evaluation and assessment services for families, children, and adolescents.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree
as follows:
1. Term
This Agreement shall become effective on November 1, 1995, upon proper execution of this
Agreement and shall expire October 31, 1996.
2. Scope of Services
Services shall be provided by Mental Health to any person(s) eligible for child protection
services in compliance with Exhibit A "Scope of Services," a copy of which is attached by
reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of
which is attached and incorporated by reference.
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Contract No. FY96-12000
"Payment Schedule" shall establish the maximum reimbursement which will be paid
form Family Issues Cash Fund during the duration of this Agreement.
b. Mental Health shall submit an itemized monthly bill to Social Services for all costs
incurred and services provided pursuant to Exhibit A of this Agreement in
accordance with criteria established by Social Services. The Contractor shall submit
all itemized monthly billings to Social Services no later that the fifteenth (15) day of
the month following the month the cost was incurred.
Failure to submit monthly billings in accordance with the terms of this agreement
shall result in Mental Health's forfeiture of all rights to be reimbursed for such
expenses. In the event of a forfeiture of reimbursement, Mental Health may appeal
such circumstance to the Director of Social Services. The decision of the Director
of Social Services shall be final.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon
the availability of Family Issues Cash Fund funds to Social Services.
d. Social Services shall not be billed for, and reimbursement shall not be made for time
involved in activities outside of those defined in Exhibit A. Work performed prior
to the execution of this Contract shall not be reimbursed or considered part of this
Agreement.
3. Financial Management
At all times from the effective date of this Contract until completion of this Contract, Mental
Health shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of
Colorado. The required annual audit of all funds expended under Family Issues Cash Fund
must conform to the Single Audit Act of 1984 and OMB Circular A-128.
4. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Mental Health shall provide proper monthly invoices and verification of services
performed for costs incurred in the performance of the agreement.
b. Social Services may withhold any payment if Mental Health has failed to comply
with the Financial Management Requirements, program objectives, contractual
terms, or reporting requirements. In the event of a forfeiture of reimbursement,
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Contract No. FY96-12000
Mental Health may appeal such circumstance to the Director of Social Services. The
decision of the Director of Social Services shall be final.
5. Assurances
Mental Health shall abide by all assurances as set forth in the attached Exhibit C, which is
attached hereto and incorporated herein by reference.
6. Compliance with Applicable Laws
At all times during the performance of this contract, Mental Health shall strictly adhere to
all applicable federal and state laws, orders, and all applicable standards, regulations,
interpretations or guidelines issued pursuant thereto. This includes the protection of the
confidentiality of all applicant/recipient records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate to this Contract.
Mental Health acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its
implementing regulation, 45 C.F.R. Part 80 et. seq.; and
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its
implementing regulation, 45 C.F.R. Part 84; and
the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its
implementation regulation, 45 C.F.R. Part 91; and
Title VII of the Civil Rights Act of 1964; and
the Age Discrimination in Employment Act of 1967; and
the Equal Pay Act of 1963; and
the Education Amendments of 1972; and
Immigration Reform and Control Act of 1986, P.L. 99-603;
and all regulations applicable to these laws prohibiting discrimination because of race, color,
national origin, and, sex, religion and handicap, including Acquired Immune Deficiency
Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the
Rehabilitation Act of 1973, as amended, cited above. Included if 45 C.F.R. Part 74
Appendix G 9, which requires that affirmative steps be taken to assure that small and
minority businesses are utilized, when possible, as sources of supplies, equipment,
construction and services. This assurance is given in consideration of and for the purpose
of obtaining any and all federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a
complaint either with the Colorado Department of Social Services or with the U.S.
Department of Health and Human Services, Office for Civil Rights.
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Contract No. FY96-12000
7. Certifications
Mental Health certifies that, at the time of entering into this Contract, it has currently in
effect all necessary licenses, approvals, insurance, etc. required to properly provide the
services and/or supplies covered by this contract.
8. Monitoring and Evaluation
Mental Health and Social Services agree that monitoring and evaluation of the performance
of this Agreement shall be conducted by Mental Health and Social Services. The results of
the monitoring and evaluation shall be provided to the Board of Weld County
Commissioners and the Weld Mental Health Board.
Mental Health shall permit Social Services, and any other duly authorized agent or
governmental agency, to monitor all activities conducted by the contractor pursuant to the
terms of this Agreement. As the monitoring agency may in its sole discretion deem
necessary or appropriate, such program data, special analyses, on -site checking, formal audit
examinations, or any other reasonable procedures. All such monitoring shall be performed
in a manner that will not unduly interfere with agreement work.
9. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
10. Remedies
The Director of Social Services or designee may exercise the following remedial actions
should s/he find Mental Health substantially failed to satisfy the scope of work found in this
Agreement. Substantial failure to satisfy the scope of work shall be defined to mean
incorrect or improper activities or inaction by Mental Health. These remedial actions are as
follows:
a. Withhold payment to Mental Health until the necessary services or corrections in
performance are satisfactorily completed;
b. Deny payment or recover reimbursement for those services or deliverables which
have not been performed and which due to circumstances caused by Mental Health
cannot be performed or if performed would be of no value to the Social Services.
Denial of the amount of payment shall be reasonably related to the amount of work
or deliverables lost to Social Services;
c. Incorrect payment to Mental Health due to omission, error, fraud, and/or defalcation
shall be recovered from Contractor by deduction from subsequent payments under
this Agreement or other agreements between Social Services and Mental Health, or
by Social Services as a debt due to Social Services or otherwise as provided by law.
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Contract No. FY96-12000
11. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing a new or substitute representative(s):
For Social Services:
Frank Aaron. M.S.W. Child Protection Supervisor III
Name Title
For Mental Health:
William Crabbe, Ph.D. Clinical Director
Name
12. Notice
Title
All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from
time to time designate in writing a substitute person(s) or address to whom such notices shall
be sent:
To: Social Services To: Mental Health
Judy A. Griego. Director
P.O. Box A
Greeley, CO 80631
13. Litigation
Dale Peterson, Executive Director
1306 11th Avenue
Greeley, CO 80631
Mental Health shall promptly notify Social Services in the event that Mental Health learns
of any actual litigation in which it is a party defendant in a case which involves services
provided under this Agreement. Mental Health, within five (5) calendar days after being
served with a summons, complaint, or other pleading which has been filed in any federal or
state court or administrative agency, shall deliver copies of such document(s) to the Social
Services Director. The term "litigation" includes an assignment for the benefit of creditors,
and filings in bankruptcy, reorganization and/or foreclosure.
14. Termination
This Agreement may be terminated at any time by either party given thirty (30) days written
notice and is subject to the availability of funding.
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Contract No. FY96-12000
15. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding
between the parties with respect to the subject matter hereof, and may not be changed or
modified except as stated in Paragraph 9 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTEST:
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WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
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BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO
By:
all, Chairman ////5-/96
WELD MENTAL HEALTH
CENTER, INC.
By:
By:
Board Chairman
Executive Director
952357
Contract No. FY96-12000
EXHIBIT A
SCOPE OF SERVICES
1. Target/Eligible Population
The population to be served under this contract includes abused and neglected children who
are at risk of out -of -home placement, who are clients of the Weld County Department of
Social Services, and are in need of mental health services. The family members of these
children and adolescents will also be eligible for services.
2. Types of Services to be Provided
Services to be provided under the terms of this contract include the following:
a. Family/Child/Adolescent Psychological Evaluation/Assessment Services
Families, children, and adolescents who are eligible and in need will be provided
screening, evaluations, and other assessment services intend to provide information
needed by the staff of Social Services. The evaluation procedures will be designed
to produce useful responses to specific referral questions mutually developed by the
Licensed Psychologist and Social Services' Caseworker assigned to the case. The
parties will also collaborate contacts that need to be made prior to the completion of
the evaluation.
The Mental Health will provide Social Services a written report upon completion of
the assessment which clearly states methods used, contacts made, tests administered,
results, and recommendations relevant to the referral questions. The content of this
assessment will be made available to the family and other relevant parties, subject to
the American Psychological Association ethical standards and other legal
considerations.
b. Consultation
A Licensed Psychologist of Mental Health will be available to directly consult with
caseworkers of the Social Services regarding the integration of assessment results
into the overall care plans for children, adolescents, and families. This may include
issues pertaining to the evaluation of suicidal clients and the need for inpatient
placement or other levels of intervention. The Licensed Psychologist would be
available to assist in obtaining written feedback from Mental Health clinicians
regarding the rationale for decision on these issues.
c. Court Testimony
The Licensed Psychologist providing the above services will be available for court
testimony when given proper notification.
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Contract No. FY96-12000
3. Service Objective
The objective of the contract is to improve services for clients and strengthen the impact that
the social service administration in Weld County will have in carrying out its mission and
purpose.
4.' Service Time Frames
The turn -around time on evaluations will be no more than forty-five (45) days from the point
of referral.
Consultation services will be as needed to the fullest extent possible, as capacity allows.
5. Measurable Outcomes
This design will shorten the time required to obtain evaluation results following a social
service referral. The services provided by this contract will also increase the social service
staff access to the evaluation practitioner when questions about implementation of evaluation
results occur. A greater frequency of contacts between the evaluation practitioner and the
social service staff will occur. Faster and more timely responses form the Children and
Family Services Outpatient Program of Mental Health will occur and therapeutic
interventions will be better coordinated between agencies. All of these outcomes can be
quantified and compared with status prior to the implementation of the contract. The
Directors of the Department of Social Services and the Mental Health Center shall jointly
assign measures that will serve as specific outcome targets.
Emergency consultations will occur within twenty-four (24) hours of request.
All psychological evaluations will have clear recommendations and methods
that will be accepted by the court.
Ten (10) to twelve (12) assessments will be accomplished each month.
6. Workload Standards
Ten (10) to twelve (12) assessments of varying types will be accomplished each month, as
dictated by demand.
7. Staff Oualifications
The Mental Health staff performing these assessments will be a Licensed Psychologist with
appropriate training and expertise with formal evaluation techniques.
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Contract No. FY96-12000
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse to Mental Health in consideration for the work and
services performed, a total amount not to exceed Forty-four Thousand Dollars ($44,000)
under Fund Code 1888 and Object Code 104.
Expenses incurred by the Mental Health, in association with said project prior to the term of
this agreement, are not eligible Social Services expenditures and shall not be reimbursed by
Social Services.
Payment pursuant to this Contract, if Family Issues Cash funds, whether in whole or in part,
is subject to and contingent upon the continuing availability of Family Issues Cash funds for
the purposed hereof. In the event that said funds, or any part thereof, become unavailable
as determined by Social Services, Social Services may immediately terminate this Contract
or amend it accordingly.
2. Fees for Services
Social Services agrees to pay Mental Health for the costs of services at a total amount not
to exceed $3,666 per month, according to the provisions outlined.
3. Submittal of Vouchers
Mental Health shall prepare and submit monthly the itemized voucher and certify that the
services authorized were provided on the date indicated and the charges made were pursuant
to the terms and conditions of Exhibit A.
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EXHIBIT C
ASSURANCES
1. Mental Health agrees it is an independent contractor and that its officers and employees do
not become employees of Weld County, nor are they entitled to any employee benefits as
Weld County employees, as the result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its officers and
employees, shall not be held liable for injuries or damages caused by any negligent acts or
omissions of Mental Health or its employees, volunteers, or agents while performing duties
as described in this Agreement. Mental Health shall indemnify, defend, and hold harmless
Weld County, the Board of County Commissioners of Weld County, its employees,
volunteers, and agents. Mental Health shall provide adequate liability and worker's
compensation insurance for all its employees, volunteers, and agents engaged in the
performance of the Agreement upon request, Mental Health shall provide Social Services
with the acceptable evidence that such coverage is in effect.
3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess, nor shall any portion of this Agreement
be deemed to have treated a duty of care with respect to any persons not a party to this
Agreement.
4. No portion of this Contract shall be deemed to create an obligation on the part of the County
of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding
year.
5. If any section, subsections, paragraph, sentence, clause, or phrase of this Contract is for any
reason held or decided to be unconstitutional, such decision shall not effect the validity of
the remaining portions. The parties hereto declare that they would have entered into this
Contract and each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies
shall have any pecuniary interest, direct or indirect, in the approved Agreement or the
proceeds thereof.
7. Mental Health assures that they will comply with the Title VI of the Civil Rights Act of 1986
and that no person shall, on the grounds of race, creed, color, sex, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under this approved Contract.
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8. Mental Health assures that sufficient, audit able, and otherwise adequate records that will
provide accurate, current, separate, and complete disclosure of the status of the funds
received under the Contract are maintained for three (3) years or the completion and
resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and
State auditors and representatives to audit and monitor Mental Health.
9. All such records, documents, communications, and other materials shall be the property of
Social Services and shall be maintained by Mental Health, in a central location and
custodian, in behalf of Social Services, for a period of three (3) years from the date of final
payment under this Contract, or for such further period as may be necessary to resolve any
matters which may be pending, or until an audit has been completed with the following
qualification: If an audit by or on behalf of the federal and/or state government has begun
but is not completed at the end of the three (3) year period, or if audit findings have not been
resolved after a three (3) year period, the materials shall be retained until the resolution of
the audit finding.
10. Mental Health assures that authorized local, federal and state auditors and representatives
shall, during business hours, have access to inspect any copy records, and shall be allowed
to monitor and review through on -site visits, all contract activities, supported with funds
under this Contract to ensure compliance with the terms of this Agreement. Contracting
parties agree that monitoring and evaluation of the performance of the Agreement shall be
conducted by appropriate funding sources. The results of the monitoring and evaluation
activities shall be provided to the appropriate and interested parties.
11. This Contract shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. Mental Health or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
12. Mental Health certifies that Federal appropriated funds have not been paid or will be paid,
by or on behalf of Mental Health, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, loan, grant, or cooperative agreement.
13. Mental Health assures that it will fully comply with the Children's Code regulations
promulgated, and all other applicable federal and state laws, rules and regulations. Mental
Health understands that the source of funds to be used under this Contract is: Family Issues
Cash Funds.
14. Mental Health assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by a federal department of agency.
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Contract No. FY96-12000
b. Have not, within a three-year period of preceding this Agreement, been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state, or local) transaction or contract under a public transaction; violation
of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Contract, had one or more public
transactions (federal, state, and local) terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social
Services when Mental Health also maintains a relationship with a third party and the two
relationships are in opposition. In order to create the appearance of a conflict of interest, it
is not necessary for the contractor to gain from knowledge of these opposing interests. It is
only necessary that the contractor know that the two relationships are in opposition.
During the term of the Contract Mental Health shall not enter any third party relationship that
gives the appearance of creating a conflict of interest. Upon learning of an existing
appearance of a conflict of interest situation, Mental Health shall submit to Social Services,
a full disclosure statement setting forth the details that create the appearance of a conflict of
interest. Failure to promptly submit a disclosure statement required by this paragraph shall
constitute grounds for Social Services' termination, for cause, of its contract with Mental
Health.
16. Mental Health shall protect the confidentiality of all applicant records and other materials
that are maintained in accordance with this Contract. Except for purposes directly connected
the administration of the Child Protection, no information about or obtained from any
applicant/recipient in possession of Mental Health shall be disclosed in a form identifiable
with the applicant/recipient or a minor's parent or guardian. Mental Health shall have written
policies governing access to, duplication and dissemination of, all such information. Mental
Health shall advise its employees, agents and subcontractors, if any, that they are subject to
these confidentiality requirements. Mental Health shall provide its employees, agents, and
subcontractors, if any, with a copy or written explanation of these confidentiality
requirements before access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's
research, development, trade secrets, business affairs, internal operations and management
procedures and those of its customers, clients or affiliates, but does not include information
(1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that
which is developed independently.
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Neither party shall use or disclose directly or indirectly without prior written authorization
any proprietary information concerning the other party obtained as a result of this Contract.
Any proprietary information removed from the State's site by Mental Health in the course
of providing services under this Contract will be accorded at least the same precautions as
are employed by Mental Health for similar information in the course of its own business.
M \wpfles adm\wmhcon.ack
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Gra
Wine
COLORADO
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, COLORADO 80632
Administration and Public Assistance (970) 352-1551
Child Support (970) 352-6933
Protecitve and Youth Services (970) 352-1923
Food Stamps (970) 356-3850
Fax (970) 353-5215
TO: Dale Hall, Chairman, Weld County Board of Commissioners
FROM: Judy A. Griego, Director, Social Services ` �(t a
SUBJECT: Child Protection Agreement Between the kId C unty epa ment of
Social Services and the Weld County Men Health Ce er, Inc.
DATE: November 13, 1995
Enclosed for Board approval is a Child Protection Agreement between the Weld County
Department of Social Services and the Weld County Mental Health Center, Inc.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is November 1, 1995 through October 31, 1996.
2. Weld Mental Health Center will provide a licensed psychologist to provide
family/child/adolescent Psychological evaluation and assessment services for those children who
are at risk of out -of -home placement and are in need of mental health services. The licensed
psychologist will also provide consultation with caseworkers regarding the integration of
assessment results into the overall care plans for children, adolescents, and families.
3. Social Services will match Mental Health resources under the Family Issues Cash Fund resources
or a maximum yearly amount of $44,000 ($88,000 total with Mental Health match resources).
A monthly total amount not to exceed $3,666 per month will be paid to Mental Health for:
a. Emergency consultations which will occur within twenty-four hours of request
b. Psychological evaluations which will have clear recommendations and methods that will be
accepted by the court
c. Ten to twelve assessments to be accomplished each month
d. The licensed psychologist to be available for court testimony
If you have any questions, please telephone me at extension 6200.
952357
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