Travis County Commissioners Court
October 18, 2005
Item 34
It is 2:00 in the afternoon. Therefore, let's call up item 34 consider and take appropriate action on request from the district attorney's office to redirect certain funding to fund legal support assistance for the civil unit of the family justice division.
>> judge, if it's all right for me to give just a little bit of an introduction here related to what was going on pfer this first came to our attention about three or four weeks ago, in terms of renewing a contract that the state of Texas have been doing on our behalf on cps workers. We were blessed when the state adopted its new budget, they all of a sudden were paying for the cps workers and so we no longer had to, but at the same moment they were agreeing to take on that responsibility, their reorganization ea eliminated a critical piece of research work being done on our behalf, so all of a sudden, we had a gap in services. I appreciate that j.muir working with others took this as an opportunity to say, okay, time out. How do we rethink this challenge and to kind of figure out what is best for Travis County, making sure we follow through on the mandate related to getting a case through the system and getting some perm neans re-- perm unanimousy related to a child's case within one year. There are pretty strict deadlines here and we didn't want to loose that, so I知 going to turn it over to the experts and what is happening as a result of all of these disdiscussion.
>> thank you very much. And we took that challenge you presented very seriously look at what we could do and what options were out there. We spent quite a bit of time with cps and look at what they had done in the past and what services they provided to us as far as getting the cases ready. You all know when a termination case is filed, we have 12 months to reach permenancy in that case. And the laws changed just this legislative term about what the circumstances are that gets you an extension, so occasionally we can get an extension but we hate to do that because the law is a good one. It's good to have kids in a permanent situation and for them to know where they are going to be and who their family is going to be. And part of that is getting the court case ready. We had in the past six employees out at cps providing that, providing service, helping with discovery, sending notices and tracking down missing and absent parents, that kind of legal work that support people can provide. When this opportunity came up, we looked at what the tasks were and make recommendations and what we are asking the court to do is find within Travis County a legal support unit to work with cps for most of those functions. Cps graciously agreed to keep some of the work themselves. And some of it makes more sense for their secretarial and support staff to do, but if we had four employees, two parallel and two legal secretaries we think we could perform the same functions, not only as well, and this is not a criticism of the work done in the past, but as well. So that in a nut shell is a request for provide funding for four fte's for the district attorney's office and using the funding freed up out of the contract originally with hhs out of cps but to use that same money and fund four people, there are some one-time costs. The employee costs, the personnel costs are also reimbursable at a certain level for title 4-e monies. So the budget you see in front of you that is attached actually would be reduced by -- the personnel costs would be reduced by approximately 30% over time and we could ask for those to be certified funds.
>> 196,000?
>> yes, sir.
>> and so like I said, this gave us a way --
>> that is about 55,000?
>> yes, sir.
>> and I won't leave that in human services. When we postan item, to approve yours, which is 70% of that amount?
>> correct. The issues we typically on the title 4-e monies we budget for the full amount. If, for example, title 4-e changes its ratio in a few years or we have an employee hired at a slightly different level, rather than having to go back and adjust the initial budget, we can just certify the amount that is actually expended.
>> okay, then I値l be done after two or three more questions. I知 trying to creatively use the other 30% and to leave it in health and human services. There are four or five things that we could do there in my view, if it cannot done. If it cannot be done, we have to live with that. I understand that you have to expend it to get reimbursed but when would the reimbursement come? '06?
>> correct me if I知 wrong, but we've already I guess applied for reimbursement with the state and we would have to amend the contract with the state, they would have to approve it and then get reimbursed on a quarterly basis, I guess this year.
>> we talked with the auditor's office this morning and they believed after we submit a revised cost allocation to the state -- until they've done, that the auditor can't certify that 30% revenue, and that should happen in the next couple of months.
>> okay, then this holds true, and we can have our cake and eat it too. But what I would like to do is approve the request and at the same time make sure that 30% reimbursed be in health and human services. And some time over the next few weeks we can address an appropriately worded agenda item in with the options that you set out. I知 not sure we are posted for that today, but we are posted to go ahead and approve the request, including the reimbursement and when we get confirms confirmation from the state, we'll be able to go.
>> we'll bring that back to you.
>> before we realize the 30% savings that could maybe be directed to hhe,.
>> do you all remember 4-e dollars, you do it in the va's office and certain types of families and children you're serving? Certain dollars are earmarked but I understand that the district attorney's office is doing this and we submit them quarterly or annually, and then the funds reimbursed go back into the general fund unless otherwise required. I was just talking to ms. Woody, and I think these are not earmarked and any reimbursements that go back to y'all go back for the general fund. Is that accurate?
>> well, yes, ma'am, they are. Because we have a track record of several years with this revenue, the projected revenue each year is considered during the budget process, so blaine certifs that each we are. This revenue once the office certifies it, then health and human services could come back to you and ask to have that budgeted for a certain purpose.
>> and I think it's a come-back because sheri would kill me if I didn't say something that needs to be brought back is we do have the original contract with cps under an old relationship that doesn't exist anymore, so there does need to be a clean-up item to be brought back to officially cancel our contract, we are in a role-over right now, and there -- a roll-over, and there needs to be a true-up and the state needs to be reimbursed for services and --
>> I thought their deadline was last Friday.
>> for?
>> that is a joke.
>> oh, sorry. (laughter).
>> but I think there are clean-up issues here just to make sure we appropriately close out this contract and take care of any left over issues and we want to make sure we get these items properly posted, quickly, so that the district attorney's office, if this motion is successful can quukly move to get these slots filled.
>> the 30% is pretty accurate. It's for the amount --
>> I think the amount can change quarterly, but I think that 30% has been a conservative number, maybe even slightly higher --
>> well, whatever. It's not the 212. It's 196. Thand is the pert personnel.
>> right, the one-time.
>> it's the actual expenditures times 20% plus what is called the penetration rate for that quarter.
>> but these are critical services for Travis County's young people that have been performed by the state of Texas historically, but it's important for somebody to do this work in the future, and the state was withdrawn its bulk of its dollars and backing. And that is why Travis County is asking to pick up the costs.
>> that's right. And I think we can do it well, if not better. We have resources here within the county that will make that legal support even more to our advantage. The other thing to point out perhaps is that the remaining contract amount was for $226,000 I believe, and our request is what under that, so that is also available funding that is in hhs.
>> and the refund can also be directed to hhs.
>> now, remind me again of exactly what happens if we do not pick up this pace.
>> what will happen, I知 afraid are a couple of things. We will not be able to move cases through the system in a way that gets children for a permanent place at the end of 12 months. If that happens we have two choices. We can in some limited circumstances be granted an expense that gives us six months more or we dismiss the case and the child goes home. There are other impacts of that, including if we get a six-month extension that means two more hearings and two and a half more lawyers and court appointed attorney's fees and children in foster care -- so we pay there.
>> but these are children -- these are products of a parental determination.
>> these are abused and neglected children.
>> but their rights have been terminated.
>> that is what the lawsuits are about.
>> we are trying to terminate the parents' rights because of abuse and negative and place the children in foster care.
>> or children removed from homes because of abuse and neglect and they are in foster care while the state is working on a plan to reunite the family or terminate parental rights and that is at the entd of 12 months.
>> well, good government and the law say these ought to be done in a timely manner or there are consequences that are a lot worse.
>> and there are defaults that the child must be returned to the home and there are sixes where you don't want the child returned to the home and you don't want bad things to happen.
>> we have had cases in the state where children have had to be returned to abusive or neglected homes because of failure to meet the deadlines, these are nondiscretionary, and the courts are upholding. You must go and you must get a final order.
>> okay.
>> judge, I would move that we redirect the funds that have been utilized in the health and human services budget, that this be redirected to fund the legal support to assistance and that whatever leftoveris there at the outset remain in health and human services and that we bring back at the appropriate time when we can talk about the certification, et cetera, how these dollars will be used for the 4-e reimbursements and that any and all legal issues relate to the past contract we've had with cps that that be cleaned up, brought back, closed out, trued up, and anything else relate that we need basically serve -- sever our rp and move and and the posting be made immediately.
>> and the grand total is 212,201. Discussions? All if favor --
>> I知 sorry. On the health and human services contract, I知 not sure there is a hold up position, and we can go ahead -- I just wanted to you be aware of that and bring back and clean up but I think it may have terminated on its own since we did not sign --
>> this is a request for bring back the request, 212 and 201.
>> and thank you to everybody.
>> thank you for the court's time.
>> any other delays? All those in favor, that passes by unanimous vote. Thank you very much. Appreciate it.
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Last Modified:
Wednesday, October 18, 2005 10:46 AM