REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 19, 2024
FROM
JEANY ZEPEDA, Director, Children and Family Services
SUBJECT
Title
Non-Financial Agreement for Legal Consultation and Legal Representation for Resource Family Approval Administrative Hearings
End
RECOMMENDATION(S)
Recommendation
1. Approve non-financial Agreement (State Agreement No. 24-5039) with the California Department of Social Services for legal consultation and legal representation of Children and Family Services in conjunction with Resource Family Approval administrative hearings, retroactively effective July 1, 2024 through June 30, 2027.
2. Authorize the Chair of the Board of Supervisors, Chief Executive Officer, or Director of Children and Family Services, as required by the California Department of Social Services, to execute non-financial Agreement (State Agreement No. 24-5039) and any subsequent non-substantive amendments, on behalf of the County, subject to County Counsel review.
3. Adopt resolution authorizing the Chair of the Board of Supervisors, Chief Executive Officer, or Director of Children and Family Services to execute non-financial Agreement (State Agreement No. 24-5039) and any subsequent non-substantive amendments, on behalf of the County, as required by the California Department of Social Services, subject to County Counsel review.
4. Direct the Director of Children and Family Services to transmit any subsequent non-substantive amendments to the Clerk of the Board of Supervisors within 30 days of execution.
(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 does not impact Discretionary General Funding (Net County Cost) as the non-financial Agreement (State Agreement No. 24-5039) (Agreement) with the California Department of Social Services (CDSS) is non-financial in nature.
BACKGROUND INFORMATION
Resource Family Approval (RFA) was created to provide a unified, family-friendly, and child-centered resource family approval process to replace multiple processes for licensing foster homes, approving relative and nonrelative extended family members as foster care providers, and approving adoptive parents. The RFA process established a single set of standards for resource family approvals allowing counties to meet the safety, permanence, wellbeing, and needs of children who have been victims of child abuse and neglect. The RFA process is designed to reduce the use of congregate care placement settings and decrease the length of time for each child to obtain permanency.
Under the terms of the recommended Agreement, CDSS will provide legal consultation and representation to Children and Family Services (CFS) in administrative hearings related to the RFA process. The County has contracted with CDSS for these services since 2017.
CDSS requires a resolution from the local governing body outlining who has authority to execute and enter into the proposed Agreement. For this reason, it is recommended that the Chair of the Board of Supervisors (Board), Chief Executive Officer (CEO), or Director of Children and Family Services (Director) be authorized to execute the Agreement and that a resolution outlining this authority be adopted by the Board. CFS is also requesting that the Chair of the Board, CEO, or Director be authorized to execute any subsequent non-substantive amendments, subject to County Counsel review, to expedite amending the Agreement, if necessary.
Pursuant to Government Code §30029.7, subdivision (a)(3), the County and CDSS may enter into an agreement to provide services or activities related to the RFA process. CFS and CDSS have identified legal consultation and representation by CDSS, as a method of expediting the delivery of services when an applicant requests an administrative hearing when denied RFA approval.
The CDSS Legal Division shall act as the sole representative on behalf of CFS in the provision of legal consultations and representation on appeals to an RFA Notice of Action. The County is the client and has the final decision on matters affecting the legal rights of the County. The Agreement also has the County and CDSS acknowledge that there exists an appearance of a conflict of interest or an actual conflict of interest due to CDSS representing both CDSS and the County in the RFA administrative actions falling within the jurisdictions of both agencies and that the County and CDSS consent to this dual representation.
Pursuant to County Code §12.1906, County Counsel is responsible for providing legal advice, assistance, and representation to County departments. County Counsel has reviewed and concurs with the offer of CDSS to provide legal consultation and representation services in conjunction with the RFA administrative hearings.
The Agreement includes terms that differ from the standard County contract terms and omits certain County standard contract terms. CDSS is unwilling to negotiate these terms. The nonstandard and missing terms include the following:
1. The County and CDSS may terminate the Agreement for convenience with 90 days advance written notice.
• The standard County contract gives the County the right to terminate the contract for convenience with 30 days written notice.
• Potential Impact: The County’s ability to terminate the Agreement will be delayed.
2. Any action brought to enforce the provisions of the Agreement for declaratory relief shall be filed and remain in a court of competent jurisdiction in the County of Sacramento, State of California.
• The standard County contract requires the venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: If any action regarding the Agreement is filed in Sacramento, the County may incur additional legal expenses in representing the County in court in Sacramento.
3. The Agreement requires the County agree to indemnify CDSS, and CDSS to agree to indemnify the County for negligence in performing activities under the Agreement.
• The standard County contract requires the contractor to agree to indemnify the County with no indemnification of the contractor by the County.
• Potential Impact: Both parties agree to compensate the other party for losses arising out of the other party’s negligence.
4. The Agreement does not require CDSS to meet the County’s insurance standards as required pursuant to 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: The County has no assurance that CDSS will be financially responsible for claims that may arise under the Agreement, which could result in expenses to the County that exceed the total Agreement amount.
CFS recommends approval of the Agreement, including the non-standard terms, and adoption of the resolution granting authorization to enter into the Agreement with CDSS due to the critical need for CFS to continue receiving legal consultation and representation per the Agreement and to expedite the delivery of services when applicants request administrative hearings regarding denial of RFA approval and other matters.
CFS received the Agreement from CDSS on July 12th and due to an administrative delay, the Agreement is being presented at this time with a retroactive term of July 1, 2024 to June 30, 2027, as it is the first date available following the required administrative, operational, and legal reviews. Board approval at this time will not impact RFA services or activities.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by Human Services Contracts (Patty Steven, Contracts Manager, 388-0241) on October 4, 2024; County Counsel (Daniella V. Hernandez, Deputy County Counsel, 387-5455) on October 8, 2024; Risk Management (Gregory Ustaszewski, Staff Analyst II, 386-9008) on October 15, 2024; Finance (John Hallen, Administrative Analyst, 388-0208) on October 28, 2024; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0238) on October 31, 2024.