REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 25, 2024
FROM
JEANY ZEPEDA, Director, Children and Family Services
SUBJECT
Title
Contract Template for Foster Family Agency Services
End
RECOMMENDATION(S)
Recommendation
1. Approve Contract template, including a non-standard term, to be utilized when placing children with Foster Family Agencies for the period July 1, 2024 through June 30, 2029.
2. Authorize the Director of Children and Family Services or the Assistant Director of Children and Family Services to execute the contract with individual Foster Family Agencies on behalf of the County.
(Presenter: Jeany Zepeda, Director, 387-2792)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not impact Discretionary General Funding (Net County Cost). Placement costs will be covered using existing Aid to Families with Dependent Children Foster Care Maintenance payments. Foster Family Agency services rates are determined by the child’s service requirement level. Adequate appropriation and revenue have been included in the Foster Care 2024-25 budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
The recommended Contract template will enable Children and Family Services (CFS) to place children that cannot be safely maintained in the family home. Foster Family Agency (FFA) services allows CFS to provide a safe and stable home setting for children under its supervision. FFA services comply with California Welfare and Institutions Code Section 16501.1(c)(1), which requires that decisions regarding the placement of children in out-of-home care be based on the safest, least restrictive, and most family-like setting that meets the child’s individual needs and best interests.
FFAs are licensed and monitored by the Community Care Licensing Division of California Department Social Services (CDSS). FFAs recruit, certify, and train foster parents who provide out-of-home care. They also provide professional support to foster parents and identify homes for the placement of children and youth referred by CFS. FFAs monitor and provide oversight for the homes they certify and have the authority to decertify homes when necessary. In addition, FFAs provide intensive treatment services to children and youth to address special needs and prevent escalation issues.
Each year San Bernardino County investigates over 31,000 allegations of abuse and neglect to children. CFS operates under the Child Welfare Services system and provides care and protection for children placed under its supervision pursuant to the provisions of Welfare and Institutions Code sections 165400, et seq. The major goal of this system is to protect and promote the welfare of all children by preventing and/or remedying neglect, abuse, or exploitation of children. FFAs provide CFS with trained and certified foster family homes for placement of children with a variety of service needs.
Under State operation guidelines, CFS utilized FFAs for out of home care from 1988 to 2015. Since 2016, CFS has utilized contracts to allow for better monitoring and tracking of enhanced insurance and administrative requirements. Upon approval of the standard contract all FFAs will have the ability to enter into a new contract with CFS.
The FFAs that enter into a contract, as well as relatives, non-related extended family members, and County Foster Homes will be used as the primary placements for children that cannot be safely maintained in the family home.
The recommended contract template includes terms that differ from the standard County contract and omits certain County standard contract terms. While the parties negotiated certain contract terms to County standards, the two largest insurance carriers for non-profit organizations do not offer insurance coverage to homes with water features at the levels the County’s standard term requires. The non-standard and missing terms include the following:
The County standard insurance coverage limits for General Liability Insurance are $1,000,000 per occurrence and $2,000,000 aggregate.
• County Risk Management has approved coverage for an aggregate limit of at least $250,000 for losses specific to losses, damages, and/or liability from a foster child’s use, intentional or otherwise, of a body of water.
• Potential Impact: By agreeing to the lower aggregate limit for losses, damages, or liability from a foster child’s use, intentional or otherwise, of a body of water, the County is limiting its financial protection.
CFS recommends approval of the FFA contract template, including the non-standard insurance term, to allow CFS to continue to provide Foster Family Agency services to children throughout the county.
Contractor performance will be measured by reviewing monthly reports and annual site visits by County staff to monitor compliance with the administrative, fiscal, and program elements of the contract.
PROCUREMENT
Purchasing supports this non-competitive procurement of the primary placements for children that cannot be safely maintained in the family home based on Government mandated/ legal requirements. FFAs, which are governed by the licensing procedures of the CDSS, must adhere to section 16501.1 (c)(1) of the California Welfare and Institutions Code. CFS will enter into contracts exclusively with agencies that meet all the established qualifications.
REVIEW BY OTHERS
This item has been reviewed by Human Services Contracts (Patty Steven, Contract Manager, 388-0241) on May 15, 2024; County Counsel (Kaleigh Ragon, Deputy County Counsel, 387-5455) on May 21, 2024; Risk Management (Gregory Ustaszewski, Staff Analyst II, 386-9008) on May 22, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on June 12, 2024; Finance (John Hallen, Administrative Analyst, 388-0251) on June 3, 2024; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0238) on June 4, 2024.