File #: A 20-217    Name: CDSS - RFA Legal
Type: BoS Agreement Status: Passed - Department of Social Services
File created: 6/12/2020 In control: Board of Supervisors
On agenda: 6/23/2020 Final action: 6/23/2020
Title: a. Approve and authorize the Director of the Department of Social Services to sign a no cost Agreement with the California Department of Social Services, retroactive to July 1, 2019 to June 30, 2021, to establish responsibilities for the provision and receipt of legal consultation and legal representation for administrative appeals associated with the Resource Family Approval Program; and b. Authorize the Director of the Department of Social Services to sign up to three (3) amendments to this Agreement that do not significantly change the terms of this Agreement.
Attachments: 1. Board Report, 2. Agreement - CDSS-RFA, 3. Item No. 38 Completed Board Order

Title

a. Approve and authorize the Director of the Department of Social Services to sign a no cost Agreement with the California Department of Social Services, retroactive to July 1, 2019 to June 30, 2021, to establish responsibilities for the provision and receipt of legal consultation and legal representation for administrative appeals associated with the Resource Family Approval Program; and

b. Authorize the Director of the Department of Social Services to sign up to three (3) amendments to this Agreement that do not significantly change the terms of this Agreement.

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

‘a. Approve and authorize the Director of the Department of Social Services to sign a no cost Agreement with the California Department of Social Services, retroactive to July 1, 2019 to June 30, 2021, to establish responsibilities for the provision and receipt of legal consultation and legal representation for administrative appeals associated with the Resource Family Approval Program; and

b. Authorize the Director of the Department of Social Services to sign up to three (3) amendments to this Agreement that do not significantly change the terms of this Agreement.

 

SUMMARY/DISCUSSION:

Resource Family Approval (RFA) was authorized through Senate Bill 1013 (Chapter 35, Statutes of 2012) and requires the California Department of Social Services (CDSS), in consultation with the county welfare agencies, foster parent associations, and other interested community parties, to implement a unified, family friendly and child-centered resource family approval process.  RFA replaces and streamlines the prior processes for licensing foster family homes, approving relative and nonrelative extended family members as foster care providers, and approving adoptive homes.  

 

RFA prepares families to meet the needs of vulnerable children in the foster care system and allows seamless transition to permanency. RFA implementation for all counties began on January 1, 2017. Monterey County was selected as an early implementation county and began implementation on March 1, 2016. 

 

Through this Agreement, CDSS Legal Division shall act as the sole legal representative on behalf of the County in the provision of legal consultations and legal representation on appeals to an RFA Notice of Action. Specifically, the CDSS Legal Division shall represent the County for denial or rescission of resource family approval, denial or rescission of a criminal records exemption, or exclusion of an individual. CDSS shall appear on behalf of Monterey County at all proceedings related to such actions that are heard by the State Hearings Division (SHD) or the Office of Administrative Hearings (OAH).  

 

This Agreement was delayed in being brought forward for Board consideration prior to the start date due to late receipt of the Agreement from CDSS.

 

OTHER AGENCY INVOLVEMENT:

County Counsel has approved the Agreement as to form.

 

FINANCING:

This is a no cost Agreement with CDSS for the purposes of legal consultation and legal representation in the administrative appeals associated with the RFA Program. There is no impact to County General Fund contributions. 

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

This Agreement correlates to the Health & Human Services Strategic Initiative adopted by the Board of Supervisors by allowing the Department to improve the quality of life for foster children by expanding capacity for timely completion of resource family approvals and legal representation on appeals by CDSS. 

 

Mark a check to the related Board of Supervisors Strategic Initiatives

 

___Economic Development

___Administration

  X Health & Human Services

___Infrastructure

___Public Safety

 

 

Prepared by: Chelsea Chacon, MA II, Ext. 8596

 

 

 

Approved by: Lori A. Medina, Director, Ext. 4430

 

 

 

Attachments: CDSS Agreement - Resource Family Approval

 

Proposed Agreement is on file with Clerk of the Board as an attachment to this Board Report