r-I U'1 N 0 w w w ~ ~uN •a ~ ~ +~ m ~c~3~ x° ~~ ~ ~ ~~~ ~ o'er ~ ~xro~ ~ ~~~ ro r7". 0 w rn rn ri N O~ ORDER N0. c~661 RF'PROVRL OF INTERLOCRL AGREEMENT FOR MENTAL HERLTH RND CHEMICRL DEPENDENCY COMMITMENTS RT N.ERRVILLE STATE HO5F'ITRL FOR HIDRLGO COUNTY On this day the card day of November-, 1998 upon motion made by Commissioner Baldwin, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-0-0, the Inter^local Rgreement for^ Mental Health and Chemical Dependency Commitments at N.er^r^ville State Hospital for Hidalgo Coi_inty and authorize the County Judge to sign same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURiVISH urvr, UKU;tNAL AND FIVE COPIES OF T"riiS ncQucST ,4ivv u~iCUbIENTS TO BE REVIEWED BY THE COURT. MADE BY County Clerk A1EET[NG DATE: 11-23-98 OFFICE: TIME PREFERRED: SCBJECT (PLEASE BE SPECIFIC) Approval of Interlocal Agreement for Mental Health and Chemical Dependency Commitments at Kerrville State Hospital with: Hidalgo County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAb1E OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All .Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Monday. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH urvt litclGtNAL AND FIVE COPIES 6F TriiS ic'c_YiicST niSv u~7CUNiENT' TO BE REVIEWED BY THE COURT. MADE BY: County Clerk ~1EETING DATE: 11= 23-98 OFFICE: TIIvIE PREFERRED: SUBJECT. (PLEASE BE SPECIFIC) Approval of Interlocal Agreement for Mental Health and Chemical Dependency Commitments at Kerrville State Hospital with'Hidalgo County. EYECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: ?v`AItIE OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter is posted in accordance with Title .` Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: "J THIS REQUEST RECEIVED ON: 5:00 P.M. previous hIond~y. All agenda Requests will be screened by the County Judge's Office to determine if adequate information ha been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation wi be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agend Request Rules Adopted by Commissioners' Court. November 18, 1998 Standard contact with catchment area counties. Original contract approved by civil attorney. r ICI SUBJECT ~~ L-WLe N0.9or 10 ,.L"'~' i REPLY = it I - -__ WID feR Na.9 W LO fefl Na.ID DATE SIGNED-~. Wilaoalonles® EXTRA COPY- flETAIN VELLD W AND GDLDENNDD IF YOU NEED TWD CDPIEi M-JOY • Triplicate SEND GOLDENfl00 COPY IF pECIPIENT WANTSADUPLICATE. QQ-JO4 •Uuadruplicate i SPEED LETTER® FR~ STATE OF TEXAS )< COUNTY OF KERR )( IHTERLOCAL AGREEMENT FOR MENTAL HEALTH AHD CHEMICAL DEPENDENCY COMMITMENTS AT KERRVILLE STATE HOSPITAL This Agreement is entered into on this ~ day of ~C~ b2~. 19 (' , pursuant to the terms of Texas Government Code, Chapter 791, by and between the C mmiesioner's Court of Nid41 County, Texas, hereinafter " ( O " and the Comm esioner's Court of Kerr County, Texas, hereina ter "Kerr," for the purpose of providing certain services relating to mental and chemical dependency commitment hearings for residents of ~~i/~i~AO County at the State Kerrville State Hospital. WHEREAS, County, Texas, on occasion has residents who are in nee of involuntary commitment to the Kerrville State Hospital, located in Kerrville, Kerr County, Texas; and WHEREAS, the Chapters 571 (General Provisions). 573 (Emergency Detention), and 574 (Court-Ordered Mental Health Services), of the Texas Health and Safety Code, hereinafter "Code", provide for the involuntary commitment of those persona deemed to be mentally ill and who meet the criteria for commitment; and WHEREAS, Chapter 462 of the Code, (Treatment of Chemically Dependent Persona>, provides for the involuntary commitment of those persons deemed to be chemically dependent and who meet the criteria for commitment; and WHEREAS, Section 574.001 is found; or (3) is receiving mental health services by court order or under Subchapter A, Chapter 573 (Apprehension by a Peace Officer Without a Warrant>; and WHEREAS, Section 462.062 (b) provides that an application for court-ordered treatment for chemically dependent persona must be filed with the county clerk in the county in which the proposed patient: (1) resides; (2) ie found; or (3) is receiving treatment by court order or under Section 462.041 (Apprehension by a Peace Officer Without a Warrant); and WHEREAS, both County and Kerr County have jurisdiction ov u h proceedi gs where the proposed patient ie a resident of 1 County and ie either found in Kerr County, ie receiving urt-ordered mental health services or treatment for chemical dependency, or is brought to the Kerrville State Hospital by a peace officer rithout a warrant under the provision of 462.041 or Subchapter A, Chapter 573 of the Texas Health and Safety Code; and WHEREAS, given the time constraints set out in the Code, and the difficulty and expen a o$ transporting patients, witnesses, and attorneys to and from I a County for such hearings, it is impractical for County to hold temporary d extended commitment hearings rithin the geographical confines of a County; and WHEREAS, ~ County finds that the moat appropriate, safe, and expeditious sit for said hearings is the Kerrville State Hospital, in Kerrville, Kerr County, Texas, and desires that the hearings be held by the proper Kerr County judicial officer with jurisdiction over such matters within Kerr County; and WHEREAS, the public health, safety, and relfare of the citizens of both counties, as well as proposed patients, rould be best served by entering into this Interlocal Cooperation Agreement pursuant to the authority granted by Chapter 791 of the Texas Government Code (the Interlocal Cooperation Act); ~~^ NOW THEREFORE, be it resolved that ~(.llt.~ County and Kerr County agree to enter into this Interlocal Coop ation Agreement, and the parties agree as follors: Section 1. TERM 2.1 Thie Agreement ie to be effective on the date that it is approved by order of the commissioners court of each county, and is to end on September 30, 1999, unless renewed by mutual orders of the respective commissioners courts for subsequent one-year terms beginning on October let and ending on September 30th of each contract period. a. To renew this Agreement shall forward a request to the County Clerk of Kerr Co ty requesting a statement of proposed costs for the x b dget year. If said statement of coat ie acceptable, shall forward a certified copy of the order rene ng this Agreement to the County Judge of Kerr County prior to August let of the budget year preceding the renewal period. b. Kerr shall either accept or decline the offer to renew by formal order of the commissioners court and shall for and a certified copy of said order to the County Judge of-~ County on or before September 1st of the budget year prate ng the renewal period. 2.2 Either party may cancel this notifying the other in writing at effective date of the cancellatio County pursuant to this agreement cancellation shall be paid by of the receipt of any bill or the later. Section 3. DEFINITIONS agreement for any reason by least thirty (30) days prior to the ~. All amounts due and owing to Kerr n t e effective date of ~ County within sixty days date f cancellation, whichever ie 3.1 "Resident" as that term is used herein shall have the same meaning ae that term has been defined in the Indigent Health Care Act and ae that term has been applied and construed by the Courts. Section 4. FUNDING REDUIREMEHTS 4.1 County agrees that all funds due under the terms of this agreement shall be payable out of current revenues and that it shall set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. 4.2 Any order of the Commissioners Court of County which renews this Agreement shall be deemed to be a c tification that the obligation incur d y the renewal shall be payable out of current revenues and that it has or will, set aside a fund in an amount sufficient to s isfy any obligation created by this agreement. Section 5. DUTIES OF KERR COUNTY 5.1 Kerr County agrees that it will assume jurisdiction over all court-ordered mental health proceedings and them c 1 dependency treatment matters rhich concern residents of O County that are properly filed in or transferred to the Kerr ounty Court with jurisdiction. 5.2 Kerr County shall have no duty to accept jurisdiction or proceed with any court-ordered commitment or treatment proceeding where the terms of this contract have not been complied with, including non-payment. 5.3 It is understood and agreed that pursuant to 462.004 and 571.016 of the Texas Health and Safety Code, the County Attorney for Kerr County is the attorney for the State in any hearing covered by this agreement and therefore retsina all of the independent discretionary authority given by the statutes and Constitution of the State of Texas. This agreement shall not be construed to limit that authority in any form or fashion and the decision of the County Attorney is final as to whether the State will proceed in any action covered by this Agreement, including appeal, and as to the means and methods employed. Section 6. DUTIES OF HiG~a-~Gb COUNTY 6.01 C~ County agrees and warrants that it will follow all appropriate sta tory procedures and shall implement such other procedures and training necessary to ensure that no violation of the constitutional rights of any proposed patient occurs, and that in se ki g he commitment of the proposed patient no person from 6.03 ~/ County agrees to pay to Kerr County the following coats associated ith any hearing conducted by Kerr County Officials County will be referred to the Kerrville State Hospital unless th patient hoe been evaluated and examined by a licensed physician; a certificate hoe been properly issued; the patient has been warned of the non-confidentiality of the physician interview; and that all other necessary steps have been taken to assure that the proposed patient's constitutional and statutory rights have been preserved. 6.02 Should any / County resident who vas detained under the authority of the emerge cy detention provie ~s of Chapter 573 of the Code be found to be entitled to release, County shall pay the coat of transporting that person to the 1 cation of the person's apprehension, the person's residence, or another suitable location, as required by 573.024 of the Code. as authorized under 462.005 (chemical dependency) and 571.018 (mental health): For Chemical Dependency Cases: a. court-appointed attorney fees; b. physician examination fees; c. compensation for language or sign interpreters; d. compensation for masters; e. expenses to transport a patient to a hearing or to a treatment facility For Mental Health Cases: a. attorneys fees; b. physician examination fees; c. reasonable compensation to court-appointed attorney, physicians, language interpreters, sign interpreters, and masters appointed under Subtitle C; d. expenses of transportation to a department mental health facility or to a federal agency; e. court ordered independent psychiatric evaluations end court approved expenses incurred in obtaining expert testimony, as authorized by 574.010 of the Code. For all Cases: All other court costs, set by law, and such other costa eat by order of the Kerr County Commissioners Court under authority of law. All coat authorized by law for appeals to a Texas Court of appeals and to the Texas Supreme Court. All coete, including bonds, authorized or mandat d y aw for any proceedings in Federal Court involving a O County resident covered by this Agreement. 6.04 O County agrees that it shall 6e responsible for obtaining repaym t for its coete incurred pursuant to this agreement fr he atient and/or the patient's family or estate. b-?~na-Fo C_ue_ l lar County Judge it A h County. Texas County agrees further that failure on its part to recover such pay nts shall have no effect on it's liability to Kerr County for such casts. Section 7. PAYMENTS 7. 1 1 bills for costs shall 6e submitted to the County Judge of County, Texas, at the address below and all payments a under this agreement shall be paid to the County Clerk of Kerr County, Texas, 700 E. Main, Room 122, Kerrville, Texas, 78028. Section 8. MISCELLANEOUS 8.01 Any and all notices which may be required under the terms of the Agreement shall be mailed to the parties at the addresses indicated below, or at such address ae either party may furnish in writing to the other party herein named: Texas Robert A. Denson, County Judge Kerr County, Texas Kerr County Courthouse 700 East Main Street Kerrville, TX 78028 8.02 Thia agreement contains the entire Agreement of the parties with respect to the matters covered by this Agreement. No other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. 8.03 The obligations and undertakings of each of the parties to this agreement shall be performable in Kerr County, Texas. Date : l~' ~~~ I q U COUNTY JUDGE ~-I~, da~COUNTY APPROVED: County Attorney ll-z3-~~ APPROVED David Motley Kerr County Attorney Dete: ATTEST: Billie G. Meeker, Kerr County Clerk This Agreement was adopted by the Commissioners Court of Kerr County, Kerrville, Texas, by Order Humber on the day of 19_, and by the Commissioners' Court of County, Texas, on the day of 19 KERR COUNTY CLERK'S FEES 98-99 •riEDICAL PETITION FEES *TEriPORARY OPC - 90 DAYS •EXTENDED 1 YEAR *ATTORNEY AD LITEM FEES: COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 3.00 JUDGE'S FEE S 10.00 SHERIFF'S FEE 9 45.00 • ATTORNEY AD LITEM 5 RECORDS MANAGEMENT & PRES. FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 SB 1534 - INDIGENT FEE S 5.00 PROSECUTING ATTORNEY FEE S 5.00 COUNTY CLERK'S FEE 5 40.00 JUDICIAL EDUCATION FEE S 3.00 •• JURY FEE (IF NEEDED) S 90.00 JUDGE'S FEE S 10.00 SHERIFF'S FEE 5 45.00 + ATTORNEY AT LITEM 9 RECORDS MANAGEMENT & PRES. FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 SB 1534 - INDIGENT FEE S 5.00 PROSECUTING ATTORNEY FEE S 5.00 COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 3.00 •• JURY FEE (IF HEEDED) S 90.00 JUDGE'S FEE S 10.00 SHERIFF'S FEE 9 45.00 • ATTORNEY AD LITEM RECORDS MANAGEMENT & PRES. FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 SB 1534 - INDIGENT FEE S 5.00 PROSECUTING ATTORNEY FEE S 5.00 350.00 PER HOUR 525.00 PER HALF-HOUR ++JURY IF 6 PEOPLE SERVE IS S15.00 A DAY - 590.00 ^+JURY IF A PERSON REPORTS AND DOES HOT SERVE IS 56.00 EACH KERR COUNTY CLERK'S FEES 98-99 CONTINUED •RENEWAL EXTENDED 1 YEAR •ATTORNEY AD LITEM FEES: COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 3.00 •+ JURY FEE (IF NEEDED) S 90.00 JUDGE' S FEE S 10. 00 SHERIFF'S FEE S 45.00 • ATTORNEY AD LITEM S RECORDS MANAGEMENT 8 PRES. FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE 9 5.00 SB 1534 - INDIGENT FEE 9 5.00 PROSECUTING ATTORNEY FEE S 5.00 550.00 PER HOUR 525.00 PER HALF HOUR ••JURY IF 6 PEOPLE SERVE IS 515.00 A DAY - S90.00 ••JURY IF A PERSON REPORTS AND DOES NOT SERVE IS S6. 00 EACH •IF DISMISSED THERE IS A LITTLE DIFFERENCE IN FEES: