Skip to main content
File #: 12513   
Type: Consent Status: Passed
File created: 7/24/2025 Department: Behavioral Health
On agenda: 8/5/2025 Final action: 8/5/2025
Subject: Non-Financial Memorandum of Understanding with the Superior Court of California, County of San Bernardino for Veterans Treatment Court for the Clinical Therapist I Position
Attachments: 1. ADD-COV-DBH-08-05-25-VTC, 2. ADD-MOU-DBH-08-05-25-VTC FINAL

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          August 5, 2025

 

FROM

GEORGINA YOSHIOKA, Director, Department of Behavioral Health

         

SUBJECT                      

Title                     

Non-Financial Memorandum of Understanding with the Superior Court of California, County of San Bernardino for Veterans Treatment Court for the Clinical Therapist I Position

End

 

RECOMMENDATION(S)

Recommendation

Approve the non-financial Memorandum of Understanding with the Superior Court of California, County of San Bernardino, including non-standard terms, to provide a Clinical Therapist I for the Veterans Treatment Court, effective upon execution through December 31, 2027.

(Presenter: Georgina Yoshioka, Director, 252-5142)                     

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

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 does not impact Discretionary General Funding (Net County Cost), as this is a non-financial Memorandum of Understanding (MOU).

 

BACKGROUND INFORMATION

The Department of Behavioral Health (DBH) is responsible for providing mental health and substance use disorder (SUD) services to county residents experiencing severe mental illness and/or SUD. Superior Court of California, County of San Bernardino (Superior Court) - Veterans Treatment Court (VTC) prioritizes increasing public safety while improving the lives of veterans and their families by healing the physical and psychological wounds of those who have been impacted by the criminal justice system as a result of their dedicated service.

 

Superior Court - VTC are courts that operate within the county treatment court system to serve veterans struggling with addiction, serious mental illness and/or co-occurring disorders. These courts promote sobriety, recovery and stability through a coordinated response that involves cooperation and collaboration with the traditional partners present in drug and mental health courts in addition to the United States Department of Veterans Affairs (VA) health care networks, the Veterans’ Benefits Administration, and, in some programs, volunteer veteran mentors and veterans’ family support organizations.

 

Currently, there is a high need for VTC to provide behavioral health screenings, assessments and linkages for high acuity clients who are not able to access services or may not qualify for federal VA services at time-of-service discharge. DBH will fund and provide a Clinical Therapist I (CTI) position within the VA Courts to close that gap and fulfill the needs for high mental health acuity and SUD individuals who are veterans and who may not receive federal VA services. Through this MOU, if a behavioral health need is identified, a CT I will be the linking contact between the County VA and DBH to provide behavioral health services to the client. The CT I is tasked with a wide array of responsibilities within this MOU. Some of which include intake assessments, preparations of diagnostic evaluations, development and evaluation and implementation of goal-oriented treatment plans. In addition to providing consultations, the CT I will act as a liaison and coordinate services between clients and County and/or contract mental health agencies. 

 

The MOU with the Superior Court was negotiated by the parties and includes the following non-standard contract terms:

 

1.                     The Superior Court is not required to meet all of the standard County insurance requirements under County Policies 11-05, 11-07 and 11-07SP.

                     County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County's Risk Management Department and as set forth in County policy and in the County standard contract.

                     Potential Impact: Without all of the standard County insurance terms, the County has no contractual assurance that the Superior Court will be financially responsible for claims that may arise under the MOU.

 

2.                     Per the MOU, each party is required to defend, indemnify or hold the other party harmless to the extent arising out of the respective party’s performance under the MOU.

                     The standard County contract does not require the County to indemnify the contractor.

                     Potential Impact: By agreeing to indemnify the Superior Court, the County could be contractually waiving the protection of sovereign immunity.  If the County is sued in connection with its performance under the MOU, the County may be solely liable for the costs of defense and damages. 

 

While these are exceptions to the County standard contract language, DBH recommends approval of this MOU with the Superior Court, including non-standard terms, to provide a CT I position to ensure that services are available to veterans, an underserved population, who may not be able to access federal VA services on their own.

 

DBH will also implement mechanisms to regularly review 1) client service data and progress, conduct site visits and annual monitoring to ensure performance and compliance standards of the contract(s) are met; and 2) provider invoices administratively and programmatically to ensure accuracy prior to payment processing.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by Behavioral Health Contracts (Lisa Rivas-Ordaz, Contracts Supervisor, 383-3940) on June 24, 2025; Risk Management (Gregory Ustaszewski, Staff Analyst, 386-9008) on July 7, 2025; County Counsel (Dawn Martin, Deputy County Counsel, 387-5455) on July 17, 2025; and County Finance and Administration (Allegra Pajot, Administrative Analyst, 386-8392) on July 17, 2025.