To: Board of Supervisors
From: DHHS: Social Services
Agenda Section: Departmental
SUBJECT:
title
Update to the Attorney General Stipulated Judgment and a Memorandum of Understanding by and between the Hoopa Valley Tribe and the County of Humboldt, Department of Health and Human Services - Child Welfare Services Division
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Receive an update from staff regarding the performance of corrective actions made by the Department of Health and Human Services - Child Welfare Services Division pursuant to the Attorney General stipulated judgment;
2. Approve, and authorize the Chair of the Board to execute, the attached Memorandum of Understanding between the Hoopa Valley Tribe and the County of Humboldt, Department of Health and Human Services - Child Welfare Services Division;
3. Approve, and authorize the Director of the County of Humboldt Department of Health and Human Services, or a designee thereof, to execute the attached Memorandum of Understanding between the Hoopa Valley Tribe and the County of Humboldt, Department of Health and Human Services - Child Welfare Services Division; and
4. Direct the Clerk of the Board to return two (2) fully executed original copies of the attached Memorandum of Understanding to the Department of Health and Human Services - Contract Unit for further processing.
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SOURCE OF FUNDING:
Social Services fund
DISCUSSION:
On Feb. 14, 2018, the Superior Court of Humboldt County accepted a stipulated judgment cooperatively negotiated by the California Attorney General (AG), the Humboldt County Sheriff’s Office (HCSO) and the Humboldt County Department of Health and Human Services (DHHS) (Attachment 2). The stipulated judgment marked the conclusion of an investigation by the AG after concerns were raised by local tribes and other community partners regarding inefficiencies and barriers to service in the Child Welfare Services (CWS) Emergency Response function. The requirements set forth in the judgment reflect collaborative efforts on the part of the AG, the HCSO and DHHS to improve outcomes for children and families in the county’s child welfare system of care.
It is stated in the judgment that “within nine (9) months of the entry of Judgment, CWS shall make a good-faith effort to negotiate and develop protocols with the eight (8) federally recognized tribes in Humboldt County governing the process for collaboration that will ensure timely, shared decision-making relating to cases involving tribal children. These protocols shall include a mutually acceptable procedure for the resolution of disputes when tribal social workers and CWS are not in agreement regarding case plan decisions.”
In September 2018, representatives from CWS and the Hoopa Valley Tribe Child and Family Services, along with tribal consultant, Olin Jones, began meeting to negotiate and develop a protocol that governs the process for collaboration between the two governments when Hoopa Tribal children are reported to CWS. The memorandum of understanding (MOU) outlines the collaboration process throughout a Hoopa Tribal child’s involvement with the county’s child welfare system of care to ensure shared decision making. On Dec. 6, 2018, the Chairman and Director from the Hoopa Valley Tribe signed the MOU.
If executed by the Humboldt County Board of Supervisors, this MOU will be the first government-to-government protocol governing collaboration between Humboldt County, by and through its Department of Health and Human Services, Child Welfare Services Division, and a federally recognized Tribe regarding regular and ongoing collaboration for tribal children involved in the child welfare’s system of care.
FINANCIAL IMPACT:
The agreement before your Board today is for collaboration with no financial requirements.
STRATEGIC FRAMEWORK:
This action supports your Board’s Strategic Framework by protecting vulnerable populations.
OTHER AGENCY INVOLVEMENT:
Hoopa Valley Tribe Child & Family Services
Hoopa Valley Tribal Council
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could choose not to approve the agreement with the Hoopa Valley Tribe. This is not recommended as it would impact the county’s compliance with the terms of stipulated judgment with the Attorney General of the State of California.
ATTACHMENTS:
1. Memorandum of Understanding between Hoopa Valley Tribe and County of Humboldt, Department of Health and Human Services, Child Welfare Services Division
2. Humboldt County DHHS and HCSO Attorney General Stipulated Judgment
PREVIOUS ACTION/REFERRAL:
Board Order No.: N/A
Meeting of: N/A
File No.: N/A