HomeMy WebLinkAbout20162543.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR ADULT TREATMENT
COURT 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 for
Adult Treatment Court between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the 19th Judicial District Combined
Courts, 19th Judicial District Probation Department, and the State of Colorado Judicial
Department, commencing upon full execution and ending December 31, 2016, 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, that the Memorandum of Understanding for Adult Treatment Court between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the 19th Judicial District Combined Courts, the 19th Judicial District
Probation Department, and the State of Colorado Judicial Department, 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dotiLeti ..1440;e1
Weld County Clerk to the Board
BY put�� a, •
y Clerk to the Board
ounty Attorney
Date of signature: 2-IaLi
Mike Freeman, Chair
V �
Sean P. Convyay, Pro-Tem
. Cozad
arbar Kirkmeyer
Steve Moreno
c-CPH), F'S COw)
C(3o/lam
2016-2543
CT0013
Weld County Adult Treatment Court
Memorandum of Understanding
This Memorandum of Understanding (hereinafter referred to as "MOU") is between WELD
COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to the "BOCC"); THE STATE
OF COLORADO, COLORADO JUDICIAL DEPARTMENT, by and through the 19TH JUDICIAL DISTRICT
WELD COUNTY COMBINED COURTS (hereinafter referred to as "Court") and 19TH JUDICIAL
DISTRICT PROBATION DEPARTMENT (hereinafter referred to as "Probation"). The BOCC, Court
and Probation may be referred to collectively as "the Parties" or individually as "Party."
WHEREAS, the Parties wish to cooperate in funding and supporting the sustainability of
the Weld County Adult Treatment Court (hereinafter referred to as "WCATC") in the 19th
Judicial District, Weld County, Colorado; and
WHEREAS, the mission of WCATC is to integrate substance abuse treatment, mental
health treatment, intensive supervision and judicial oversight to promote public safety and
individual responsibility, to reduce crime, and to improve the quality of life for participants and
their families. The purpose of the WCATC is to hold participants accountable and help them
develop the skills necessary to attain long term sobriety. The WCATC program maintains fidelity
to the 10 Key Components; and
WHEREAS, the monies provided by the BOCC through this MOU are funded through
Weld County's General Fund; and
WHEREAS, the goals and objectives of the WCATC program, the services provided to the
participants, and the performance standards and administration structure of the WCATC are set
forth in detail in the participant handbook, summarized and attached hereto and incorporated
herein as Exhibit A; and
NOW, THEREFORE, the Parties do hereby set forth their MOU as follows:
1. PURPOSE. The purpose of this MOU is to establish an agreement for the use of the
allocated Weld County General Fund monies to pay the costs of certain treatment
services for WCATC participants.
2. TERM OF AGREEMENT. The term of this MOU shall be the date it is fully executed by
both Parties through December 31, 2016, unless terminated sooner as set forth
herein.
3. FUNDING. The total amount of the funding to be paid by the 8OCC to providers of
treatment services for participants of the WCATC under this MOU shall not exceed
the sum of $75,000.00. The Court and Probation are aware of the restrictions and
requirements of this MOU as well as the regulations and applicable State and local
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2016-2543
law provisions. The Court and Probation will request expenditures of said funds in
accordance with the same laws and procedures that govern the expenditure of their
own funds. The Court and Probation will maintain sufficient records and an
accounting system and internal control procedures adequate to permit the tracing
of the funds to a level of expenditure which clearly demonstrates that the funds are
used in compliance with the MOU and regulations of State and local law. The Court
and Probation will ensure that expenditures requested pursuant to this MOU are
supported by properly executed payrolls, time records, invoices, contracts,
vouchers, or other official documentation evidencing in proper detail the nature and
propriety of the charges. The Court and Probation will also insure that checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents
pertaining in whole or in part to this MOU are clearly identified and readily
accessible. No compensation is allocated for employee or team member services.
4. TREATMENT SERVICES. Funding expended by the BOCC pursuant to the MOU will be
used to pay for treatment services for WCATC participants. Treatment services that
will be provided under the guidance of the MOU will meet the requirements
outlined in Exhibit B — Colorado Problem Solving Courts Best Practices Manual at
I(1)(vi)(3.0).
5. REPORTING. The Court and Probation will submit a report to the BOCC on a
quarterly basis detailing the number of WCATC participants served and treatment
provided. Upon disbursement of payments to treatment service providers, the BOCC
will submit proof of payment (scanned copy of checks) to the Court.
6. NO AGENCY OR EMPLOYMENT RELATIONSHIP. The Parties to this MOU are
cooperating entities. Nothing contained in this MOU shall be construed to create a
legal agency or employment relationship between the parties. No Party, nor any
employee of any Party, shall be deemed to be an agent or employee of another
Party. Each entity will be responsible for its acts and those of its employees, agents
and subcontractors, if any, during the course of this MOU.
7. INSURANCE. The Parties are "public entities" within the meaning of the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S., as amended. The Parties
will maintain at ail times during the term of this MOU such liability insurance, by
commercial policy or self-insurance, as is necessary to meet each Party's liabilities
under the Act.
8. TERMINATION. Any Party may terminate this MOU upon giving ten-day written
notice to the other Parties.
9. AMENDMENT. This MOU may be amended at any time when agreed to and
executed by all Parties in writing.
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10. GOVERNMENTAL IMMUNITY. No portion of this MOU shall be deemed a waiver,
express or implied, of any immunities, rights, benefits, protections, or other
provisions which a Party, or its officers, employees, or agents, may possess pursuant
to the Colorado Governmental Immunity Act § 24-10-101, et seq., C.R.S., as
applicable now or hereafter amended.
11. CONFIDENTIALITY. The Parties agree to comply with all applicable federal and state
laws and/or regulations regarding the security and confidentiality of information,
including, but not limited to 42 C.F.R. Part 2.
12. SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of
this MOU is for any reason held or decided to be invalid or unconstitutional, such a
decision shall not affect the validity of the remaining portions. The Parties hereto
declare that they would have entered into this MOU 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.
13. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that nothing
contained herein shall give or allow any claim or right of action by any other or third
person not a party to this MOU. It is the express intent of the parties that any person
other than the parties shall be deemed to be an incidental beneficiary only.
14. NO BINDING EFFECT. This MOU sets forth the general intent and goals of the
Parties. The MOU serves as a guiding document for the cooperative purposes and
efforts described in this MOU; however, the MOU is not intended and shall not be
construed to be a legally binding document or to confer remedies on any Party in
the event of a violation under the MOU or failure of any Party to perform as
specified in the MOU,
[SPACE INTENTIONALLY BLANK, SIGNATURES FOLLOW ON NEXT PAGE]
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ITNESS WHEREOF, the Parties, hereto have executed this MOU on the 6 day of
, 2016.
ATTES
Weld C
BY:
ty Clerk to the Bo rd
Deputy Clerlto the Boar
Controller
APPROVED
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
AUG 082016
APP?OVED AS TO SUBSTANCE:
cted Official or Department Head
STATE OF COLORADO JUDICIAL DEPARTMENT
. 19TH JUDICIAL DISTRICT COURTS
rr
By.-
/1,�
Honorable Timothy,) erns
Presiding Adult Treatment Court Judge
19th Judicial District
B
Jer Gre n
Chief Probation •fficer
19t Judicial Dis, rict
With approial from:
By
Gerald A. Marro y
Colorado Judicia Department
State Court Administrator
Mindy Masias
Chic(' or Stall
4
J
/
Karen L. Salaz
District Administrator
19th Judicial District
•
Jar'ies Hartmann
Chief Judge
19th Judicial District
020 /G, - 022.515.
Exhibit A
Summary of Weld County Adult Treatment Court
Eligibility Criteria, Participant Handbook and Participant Contract:
httpsliwww.courts.state.co.usgourts/County/Custom.cfm?County ID=61&Page ID=185
Overview of Phase Requirements
PHASE
5
Min 12 weeks F Min 8x month Daily
DURATION
Min 4 weeks
Min 12 weeks
Min 6 months
Min 12 weeks
Min 8x month
Min 8x month
Min 8x month
Min 8x month
Daily
Daily
Daily
Daily
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PROBATION
MEETINGS
Weekly Min lx week
Weekly
Weekly
Min 4x month
Min 2x month
Weekly Min 2x month
Weekly Min lx month
TREATMENT.
CONTACTS
Min 4x week
Min 3x week
Min lx week
Min lx week
Min lx week
Exhibit B
Treatment and Treatment Providers: Principles and Guidelines as
identified by COLORADO PROBLEM SOLVING COURTS
https://www.courts.state.co.us/userfiles/file/Administration/Planning and Analysis/Problem%
20Solving%20Courts/Colorado%20PSC%20Best%20Practices%20Manual%20(Rev%20Feb%2020
14).pdf
3.0 TREATMENT AND TREATMENT PROVIDERS
3.1'I'reatment paid for by state funds will be provided by treatment programs licensed and
qualified by the COLORADO OFFICE'. OF BEI-I.IVIORAI., HEALTH to provide the
specific services being contracted.
3.2Treatment reatment should be provided to address identified, individualized criminogenic needs.
3..3Treaunent should include the following:
1. A cognitive -behavioral model, including interventions designed to address criminal
thinking patterns.
2. 'l'echniques to accommodate and address participant stages of change. Members of the
treatment court team should work together to engage participants and motivate
participants. The consistent use of techniques such as motivational participatic.m.
consistent use of techniques such as motivational interviewing and motivations
enhancement therapy should be employed to reduce client defensiveness, foster
engagement, and improve retention.
3. Screening, assessment and referral to appropriate and specific treatment for trauma.
4. Family treatment to address patterns of faintly interaction that increase the risk of re -
offending, to develop family understanding of substance use disorders and recovery, and
to create an improved family support,
5. Referral of family members to appropriate community resources to address other
identified service needs.
6. Incorporation of parenting and child custody issues and the needs of children in the
participant's family into the treatment plan. Those issues and needs should be addressed
through the effective use of community resources.
7. Monitoring of abstinence through random, observed urinalysis or other approved drug
testing methodology that occurs with sufficient frequency to meet current research -based
recommendations.
S. Regular clinical/ treatment staff meetings to review treatment goals, progress, and other
clinical issues.
9. Prompt and systematic reporting to the treatment court team of: the participant's
behavior; compliance with, and progress in, treatment; the participant's achievements; the
participant's compliance with the treatment court program requirements; and any other
televan t in formation.
10.liach treatment court
shall establish phases that organizer the participants progress in
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treatment and establish measurable goals whereby the participant and the court can
objectively measure progress. Progressive phases in therapy and recovery, as well as the
number and length of those phases, shall be determined by the local treatment court, but
shall include at minimum:
(a) An ORIENTATION AND ENGAGEMENT' PHASE to demonstrate initial
willingness of the participant to: engage in treatment activities; become compliant
with the conditions of participation in treatment court; establish an initial therapeutic
relationship; and commit to a plan for active treatment.
(b)TREATMENT PHASE; (5) to have the participant: demonstrate continued efforts
towards achieving abstinence; develop an understanding of substance abuse and
offender recovery tools, including relapse prevention; develop an understanding and
ability to employ the tools of cognitive restructuring of criminal/ risk thinking;
develop the use of a recovery support system; and, assume or resume socially
accepted life roles, including education or work and responsible family relations.
(c) TRANSITION/ COMMUNITY ENGAG I?Zv11aN PHASE (S) to have the
participant: demonstrate continued abstinence; demonstrate competence in using
recovery and cognitive restructuring skills in progressively more challenging
situations; develop further cognitive skills such as anger management, negotiation,
problem solving and decision making, financial and rime management; connect with
other community treatment or rehabilitative services matched to identified
criminogenic needs; demonstrate continued use of a community support system; and
demonstrate continued effective performance of socially -accepted life roles.
11.'1'he ORIENTATION ;\Nl) ENGAGEMENT PHASE: of the TREA\'i'lyll'.NT I>H,\S1':S
together should not be completed in less than 90 days and should provide at least three
episodes of planned therapeutic activity per week. The ORIENTATION AND
L:NG;\CiL Ml."N'1', I'1ZL:i\'T'hII?N"1' and TRANSITION/ COMMUNITY
I?NGAGEM1?NT PI -EASES together shall be completed in 11O less than 2months.
Aftercare should be made available to participants for a minimum of 6 months.
I2.Trcatment services should be responsive to ethnicity, gender, age, trauma and other
characteristics of the participant. Individuals that are no responding to treatment
interventions should be reassessed and the treatment plan ad}usled as needed.
I3.MFDIC A'l'El) ASSIS11 I) TR1-AT;MEN'1' (methadone, .wGovwne, I 'ipfru/, .1 n/Irevrure) should
be made available to participants when deemed appropriate and prescribed by a qualified
licensed physician. Such treatment should be utilized in cot -Mint -lion with, never in place
of, formal manualized treatment with a licensed provider. Participants who are engaged
with \lEDICA"I'tON ;\SSiS'l'ED '1'REA'TMl_N't' should be encouraged to participate
regularly in follow-up care with their medical provider. No problem -solving court should
either require or prohibit participants to engage in Ml;l)1C.\'ETON ASSISTED
'1'Rl .;\'l'i\Il•:N'i' as all such decisions, including the cessation of treatment once begun, are
clinical medical decisions to he made by the participant and his/ her prescribing physician.
i-I. l he treatment provider shall have written guidelines describing how it will provide any of
the treatment activities that are its responsibility and the treatment court shall have written
guidelines describing how the remaining treatment activities will be implemented.
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