ORDER N0.29084
KERR COUNTY JUVENILE DETENTION FACILITY CONTRACTS
Came to be heard this the 14~' day of March 2005 with a motion made by Commissioner
Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of
4-0-0 the contract forms between Kerr County Juvenile Detention Facility and outside
entities for psychological evaluations, residential services contract for post-adjudicated
juvenile offenders in secure placement and contract and agreement for secure pre-
adjudicated residential service of juvenile offenders space available.
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COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: March 14, 2005
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: Consider and discuss contracts between Kerr County Juvenile Detention
Facility and outside entities.
EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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:
5:00 P.M. previous Tuesday.

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.
CONTRACT FOR PSYCHOLOGICAL EVALUATION
This agreement is made on this the ~, day of by and between Dr. Lisa M. Watts,
Licensed Clinical Psychologist, and Kerr County Juvenile Detention Facility, herein after referred to as
(°Contractor~).
Whereas, Dr. Lisa M. Watts is a Licensed Clinical Psychologist, herein after refen'ed to as psychologist,
and is suitable to administer psychological evaluation and psychotherapy services for at-risk juveniles;
Now, Therefore, the parties agree as follows:
ARTICLE I
1:01 Purpose: The purpose of the Contract is to provide psychological evaluation and consultation for at-
risk youth referred from the Juvenile Detention Facility on an as needed basis.
ARTICLE II
2:01 Term: The term of this contract is for a one year period commencing on date and may be terminated
try either party with 24 hours notice. If the Contracting Facil'~r determines that Dr. Lisa M. Watts has
breached this Agreement, the Contracting Facility may, at the Contracting Facility's sole discretion, request
corrective action from Dr. Lisa M. Watts and/ or sanction Dr. Lisa M. Watts prior to initiating termination of
this Agreement. Corrective action and sanctions may include submission and implementation of a written
plan of correction, withholding of referrel of Gients to Dr. Lisa M. Watts, and! or withholding payment under
this Agreement until the alleged breach is cured. If Dr. Lisa M. Watts indicates an unwillingness to take
corrective action, the Contracting facility may initiate termination of this Agreement.
ARTICLE Ill
3:01 Services: Dr. t~sa M. Watts agrees to administer and provide psychological evaluations to youth
referred by the Contracting facility. Furthermore, the Psychologist agrees to administer the evaluation at
the earliest convenience at her discretion. Suicide risk assessments take priority over other services.
3:02 Reports: Dr. Lisa M. Watts agrees to provide a copy of the Psychological Evaluation to the
Contracting Facility within 2 weeks of a juvenile incarcerated, and within 4 weeks of those not incarcerated.
Suicide Risk Assessments will be provided within 48 hours.
ARTICLE IV
4:01 Fees: The Contractor shall pay the sum of four-hundred dollars and .00/100 ($400.00) per
psychological evaluation administered and eighty-flue dollars ($85.00) per suicide risk assessment, to Dr.
Lisa M. Watts. Furthermore, the Contractor agrees to pay Dr. Lisa M. Watts the sum of one-hundered
twenty-flue dollars and 001100 ($125.00) per appointment cancellation or "no show", unless prior notice is
provided.
4:42 Billing: Dr. Lisa M. Watts agrees to famish Contractor an itemized bill, which shall include the
charges specified above, and the names and the dates youths were evaluated.
4:03 Payment: Payment shall be made within 30 days after receipt by Con#ractor, of Dr: Lisa M. Watts
invoicing.
Payment shall be made to:
Lisa M. Watts, Psy.D.
123 Commence St. Suite C _ ;
Kerrville, Texas 78028 ~ ,
ARTICLE V
5:01 Entire Agreement: This agreement supersedes any and all other Agreements, either oral or in writing,
between the parties hereto with respect to the subject matter of this agreement.
ARTICLE VI
6:01 Applicability: This Agreement shall inure solely to the benefit of the parties hereto and not any third
party recipients.
ARTICLE VII
7:01 Assignability: This Agreement is not assignable.
ARTICLE VIII
8:01 Governing Law: The validity of this Agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the law of the State of Texas, and all venue
shall be in Kerr County, Texas.
ARTICLE IX
9:01 Legal Construction: Incase any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, or unenforceability
shall not affect any other provision thereof this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision has never been contained herein.
EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT
OF AN ORI INAL.
BY• ~ - /~ , ~. DATE: 7 - ~ - ~ ~/
alts, sy.D.
123 Commerce St. Suite C
830 792-4477
830 792-4546 FAX
BY:
- ~
DATE: ~ ~ ~ `y ~
DATE: ~r~d `~
THE STATE OF TEXAS K
COUNTY OF KERB )(
JUVENII,E FACILITY )(
RESIDENTIAL SERVICES CONTRACT FOR POST-ADJUDICATED
JUVENILE OFFENDERS IN SECURE PLACEMENT
Kerr County, and the County Juvenile Probation Department,
hereinafter referred to as the Juvenile Department, declare that this Contract and
Agreement, is a Contract providing for the care of children who have allegedly
committed an act of delinquency and an act indicating a need for supervision and for
therapeutic intervention in a secure placement.
Kerr County and said Juvenile Department, acting by and through their duly authorized
representatives asevidenced by their signatures below, and in consideration of mutual
promises as set forth in this Contract, concur on the following stipulations:
(1) RESIDENTIAL PLACEMENT SERVICE PROVISIONS
• The Ken County Juvenile Board agrees to provide residential services for qualifying
post-adjudicated juvenile offenders at the Kerr County Juvenile Facility in Kerrville,
Texas upon request for services of said Juvenile Department.
• Placements will be provided to the Juvenile Department by the Kerr County 3uvenile
Facility if space is available at the time a request for services is made, or when space
becomes available after a request for services has been made.
• Juveniles qualified for placement will be accepted without regard to the person's
religion, race, creed, color, sex or national origin.
(2) FACILITY CERTIFICATION
• Kerr County attests that the Kerr County Juvenile Facility is a
secure placement duly registered, inspected and certified by the Texas Juvenile
Probation Commission (TJPC} as being suitable for the treatment and placement of
said population of juvenile offenders.
~ Kerr bounty will provide certification of eligibility to receive State funds by the
Texas Family Code Section 231.006.
(3) RESIDENTIAL CARE PROVISIONS AND STIPULATIONS.
• The Kerr County Juvenile Facility will provide room and board; twenty-four (24)
hours per day /seven (7) days a week supervision; routine medical examination and
treatment within the facility; alevel-based Behavior Modification Program; an
approved educational program; recreation facilities; therapeutic programs and
individual counseling services to each child placed within the facility.
Each child will be placed in programs designed to address offense-specific issues.
Residents are expected to demonstrate responsiveness to behavior modification,
complete offense-specific therapeutic programs and counseling assignments,
demonstrate newly acquired insights, show enhanced academic performance and are
expected to develop new skills based on life-skills training programs.
• Each child placed shall be required to follow the rules and regulations of conduct as
fixed and determined by the Administrator and staff of the facility.
• It is understood and agreed by the parties hereto that suspected or alleged cases of
child abuse shall be reported to the Texas Juvenile Probation Commission, to the
Chief Probation Officer of the placing county, and local law enforcement with
jurisdiction within twenty four(24} hours from time allegation is made.
If a child is accepted into the facility and such child is thereafter found to be mentally
unfit, or dangerous to him/herself or other facility occupants, or is thought to be
unmanageable in the sole judgment of the Facility Administrator, then the
Administrator
shall notify the placing Juvenile Department of such conditions. The child shall be
immediately removed from the facility and it will be the responsibility of the placing
Juvenile Department to provide for the removal and transportation of the child.
• It is understood and agreed by the parties hereto that the County placing the child in
the facility is responsible for any damages caused by the child placed in the facility.
(4) COMPENSATION:
• All placements: Juvenile Department agrees to pay the Kerr County Juvenile
Facility the rate of $83.00 for each day, or any portion of a day, that each child
is in placement.
• The Kerr County Juvenile Facility will submit an invoice for services to the Juvenile
Probation Department on a monthly basis. It is agreed that the invoice(s) submitted
by the Ken County Juvenile Facility shall be paid by the contracting Juvenile
Probation Department to Kerr County in a timely manner. .
(5) MEDICAL CARE /NON- ROUTINE
• The Kerr County Juvenile Facility shall not pay for, or be held financially responsible
for medical care of a child not considered routine or medical conditions that are not
treatable within the facility. Non-routine medical care provisions include emergency
examinations and treatments or hospitalizations outside of the facility.
• If emergency examination, treatment or hospitalization outside the facility is required
for a child placed, the Juvenile Department guarantees that any and all such costs
incurred will be paid by the Juvenile Department in full.
• In the event that medical treatment becomes necessary, the Facility Administrator or a
designee shall notify the Juvenile Department within twenty-four (24) hours of the
emergency examination andJor treatment.
(6) ADMISSION DOCUMENTATION
• Each child placed in the facility by the 3uvenile Department shall be admitted under
proper order of the Juvenile Court and the Administrator will be furnished a certified
copy of said order.
• The Juvenile Department will furthermore provide any and all other necessary
documentation based on admission record requirements set forth by TJPC.
(To facilitate compliance with TJPC documentation requirements, the Kerr County Facility will
provide the Juvenile Department with an "Admissions Checklist"}.
(7) TREATMENT PLANS
• The Kerr County Juvenile Facility will develop an Individualized Treatment Plan,
containing behavioral goals and objectives and how these will be achieved over the
course of placement, for each child placed.
• The Ken County Juvenile Facility will provide written individualized treatment
assignments and treatment objectives for each child.
The Ken County Juvenile Facility will provide the Juvenile Department with monthly
progress reports on each resident placed containing the following information:
a) Behavior in program
b) Progress in treatment
c) ,Progress in school
d) Teacher/ Staff relationships
e) Peer relationships
fj Family support/involvement
g) Overall attitude
• The Juvenile Department will provide the Kerr County Juvenile Facility with a copy
of the "Child/Family Case Plan" and with a copy of periodic (40-day} plan revisions
and updates, as in accordance with TJPC standards. ~ _
(8) DISCHARGE PROCEDURES AND SERVICE RECORDS
• It is understood and agreed by the parties hereto that children placed in the care of the
Kerr County Juvenile Facility may not be discharged therefrom without:
a) Receipt of the Order signed by the Judges having juvenile jurisdiction of the child.
b) Authorization of the Juvenile Department who originally placed the child.
Upon discharge from the program, the Kerr County Juvenile Facility will provide the
Juvenile Department with:
a} Discharge Summary, containing a summary overview of program completion,
prevailing attitudes, behavioral progress, therapeutic progress, academic
progress, family involvement and specific recommendations.
b) Aftercare Report, containing community-based resource options and
recommendations for acommunity-based aftercare follow-up upon the child's
discharge from secure placement.
• The Kerr County Juvenile Facility will keep records of all services provided to the
Juvenile Department and provide all information, records, papers, reports and other
documents regarding any aspect of services furnished as may be requested by the
Juvenile Department.
• The Kerr County Juvenile Facility will make records as referenced above and all
other materials which relate in any way to the services provided, available for
inspection, audit and examination by the County, the Comptroller General of the
United States, the U.S. Department of Justice, the Texas Juvenile Probation
Commission, the State of Texas and/or their duly authorized representatives.
• The Ken County Juvenile Facility will maintain records as referenced above for three
(3) yeazs after the final payment or until any audit of the program has been made and
all questions arising therefrom have been resolved, whichever is later.
(9) EQUAL OPPORTUNITY
During the performance of the Contract, Ken County 3uvenile facility agrees as follows:
Kerr County Juvenile Detention Facility agrees to respect and protect the civil rights
of all children and their parents. It will not unlawfully discriminate against any
employee, prospective employee, child, child-care provider, or parent on the basis of
age, race, sex, religion, disability or national origin. Kerr County Juvenile Facility
shall abide by all applicable federal, state and local laws and regulations.
• Ken County Juvenile facility agrees to past in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provision of this non-discrimination-clause..
(10) GENERAL TERMS OF CONTRACT:
• The term of this agreement is for twelve months from date of acknowledgment. It
shall be automatically renewed for successive one year terms thereafter unless one
party notifies the other in writing, at least thirty(30) days prior to the expiration of
said term, of its intention to not renew this agreement.
It is understood and agreed by the parties hereto that nothing in the Contract shall be
construed to permit the Juvenile Department, their agents, servants or employees in
any way to manage, control, direct or instruct the Kerr County Juvenile Facility, its
servants of employees in any manner respecting any of their work, duties or function
pertaining to the maintenance and operation of the facility. However, it is understood
that the Juvenile Court of each individual County shall control the conditions and
terms of treatment and supervision as to a particular child pursuant to the Texas
Family Code Section 51.12.
• This Contract and Agreement shall be construed under and in accordance with the
laws of the State of Texas, and is in lieu of all previous contracts between Ken
County and said Juvenile Department for these purposes. This contract supercedes
any prior understandings or written or oral agreements between the parties respecting
the subject matter herein.
• In case one or more of the provisions contained in this agreement shall for any reason
be held invalid, illegal, or unenforceable; such provision shall not affect any other
provision thereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
• This agreement shall be construed in accordance with the laws of the State of Texas
and all obligations of the parties created hereunder are performable in Kerr County,
Texas. Exclusive venue for any litigation arising from this agreement shall be in Ken
County, Texas.
Contractor understands that acceptance of funds under this contract acts as acceptance
of the authority of the State Auditor's Office, or any successor agency, to conduct an
audit or investigation in connection with those funds. Contractor further agrees to
cooperate fully with the State Auditor's Office or its successor in the conduct of the
auditor investigation, including providing all records requested. Contractor will.
ensure that this clause concerning the authority to audit funds received indirectly by
subcontractors through Contractor and the requirement to cooperate is included in any
subcontract it awards.
IN WITNESS WHEREOF, we hereunto affix our signature this day of
2Q04
PAT TINLEY DATE
PRESIDING JUDGE KERR COUNTY
BECKY HARRIS DATE
FACILITY ADMINISTRATOR
KERB COUNTY JUVENII.E FACILITY
PRESIDING JUDGE DATE
SENDING COUNTY
CHIEF JUVENILE PROBATION DATE
OFFICER OF SENDING COUNTY
THE STATE OF TEXAS )(
COUNTY OF KERR ")(
JUVENILE FACILITY )(
CONTRACT AND AGREEMENT FOR SECURE PRE-ADJUDICATED
RESIDENTIAL SERVICE OF JUVENILE OFFENDERS
SPACE AVAILABLE
This Contract and Agreement is made and entered into by and between KERR COUNTY
and County Juvenile Probation Department, hereinafter referred to as the
Juvenile Department, acting by and through its duly authorized representative, as
indicated by their signature below, to be effective from date of execution and terminating
12 months after execution date.
WITNESSETH:
Whereas Juvenile Department, in order to carry out and conduct its juvenile
program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need
of the use of detention facilities to house and maintain children of juvenile age, referred
for an act of delinquency or an act indicating a need for supervision, during pre-trial or
dispositional status prescribed by the Court; and
Whereas, KERB COUNTY desires to make the facility available to Juvenile
Department for such use and purpose, and Juvenile Department desires to contract for the
use of said facility;
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Now, therefore, the parties agree as follows:
(1) The term of this Contract shall be for a period of twelve 12 months from the effective
date; however, if either party hereto feels in its judgment that the contract cannot be
successfully continued, and to terminate the contract, then the party so desiring to
terminate may do so by notifying the other party in writing, by certified mail or
personal delivery to its principle office, of its intention to terminate the contract thirty
(30) calendar days from the date of Notice of Termination is received by the other
party. At 12:00 o'clock Midnight, thirty (30} calendar days thereafter, this contract
shall terminate, become null and void, and be of no further ford or effort. Such
termination shall not affect or diminish the responsibility for payment of any amounts
due and owing at the time of termination of the contract. After receipt of notice of
termination, all children should be removed on or before the termination date.
(2) KERR COUNTY JUVENILE FACILITY will provide room, boazd, twenty-four
hours per day, seven days per week supervision, routine medical examination and
treatment within the facility (but shall not provide nor pay for emergency
examination, treatment, or hospitalization outside the facility); an approved
educational program; recreation facilities; and counseling to each child placed within
the facility.
(3) Juvenile Department agrees to pay KERB COUNTY the sum of $83.00 per day for
each space utilized. The sum shall be paid to KERR COUNTY pursuant billing and
paying procedures agreed upon by the contracting county and KERB. COUNTY. The
per cost being based on the projected actual cost of care for children in the facility.
(4) If emergency examination, treatment andlor hospitalization outsiu'e the facility is
required for a child placed in the facility, the Administrator of the facility is
authorized to secure such an examination, treatment, or hospitalization at the expense
of the County. The County agrees to indemnify and hold harmless KERB COUNTY,
and their representatives, agents, and employees from any and all liability charges for
reasonable and necessary medical treatment, examination, and/or hospitalization.
The Administrator shall notify the appropriate County of such an emergency within
twenty-four (24) hours of its occurrence.
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(5) Prior to transporting a child to the facility i'or placement, the official authorizing the
placement shall call the facility to insure that space is available. Placement of
children from any County maybe denied if space limitations require.
(6) Children from any County who are alleged to have engaged in delinquent conduct
indicating a need from supervision (GINS) will be admitted to the facility under the
authority of any Juvenile Court having jurisdiction of its designated official.
Children are not released within forty-eight (48) hours (exchzding weekends and
holidays) must have a detention hearing in the appropriate Juvenile Court in
accordance with the Texas Family code, Title III (Section 54.01). If the child is
ordered detained, a certified copy of the Detention Order must be delivered to the
detention facility prior to the child's re-admission.
(7) Each child placed therein shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the facility.
(8) If a child is accepted by the facility from any County and such child thereafter is
determined to be, in the sole judgment of the Administrator, mentally unfit,
dangerous, or unmanageable or whose mental or physical conduct would or might
endanger the other occupants of the facility, then the Administrator shall notify
placing County of such conditions. Such child shall immediately be removed from
the facility. It will be the responsibility of the placing county to provide for the
transportation for the removal of the child.
(9) KERB COUNTY agrees that the facility will accept any child qualified hereunder,
without regard to such child's religion, race, creed, color, sex, or national origin.
(10) ' It is understood and agreed by the parties hereto that children placed in the facility
under the proper orders of the appropriate juvenile court shall be maintained therein
except that the staff of either facility may take the children under supervision from
the facility to participate in community activities.
(11) It is further understood and agreed by the parties hereto that children placed in the
facility may be granted furloughs with pazents, guazdian, custodian, or other
responsible adults only after prior approval of the appropriate Juvenile Court.
(12) It is further understood and agreed by the parties hereto that children placed in
pre-adjudicated care in the facility shall be removed therefrom by the appropriate
authorities from the placing County, or its agents, servants or employees at the
conclusion of the period authorized by the Court Order issued by the Judge of the
appropriate Juvenile Court unless an new Order had been issued authorizing the
continued detention, and a copy of such Order has been delivered to the detention
facility. Or unless a waiver of heazing has been executed and a signed copy waiver
delivered to the facility. A copy of the Order issued pursuant to waiver shall be
furnished to the facility.
(13) It is further understood and agreed by the parties hereto that children placed in the
pre-adjudication care in the facility shall not be removed prior to the conclusion of
the Court Order except to the Probation Officer or as provided in paragraph eight (8)
above, wfthout delivery of an Order for Release signed by the Judge of the Juvenile
Court of the placing County.
(14) It is further understood and agreed by the parties hereto that nothing in this
contract shall be construed to permit the placing county, its agents, servants, or
employees in any way to manage, control, direct or instruct KERR COUNTY
JUVENILE FACILITY, its servants or employees in any manner respecting and of
their work, duties or functions pertaining to the maintenance and operation of the
facility. However, it is also understood that the Juvenile Court of the placing County
shall control the conditions and terms of detention supervision as to a particulaz child
pursuant to Texas Family Code, Section 51.12.
(15) It is further understood and agreed by the parties hereto that the County placing
the child in the facility is responsible for any damages caused by the child that is
placed at the facility.
(16) Contractor understands that acceptance of funds under this contract ads as
acceptance of the authority of the State Auditor's Office, or any successor agency, to
conduct an audit or investigation in connection with those funds. Contractor further
agrees to cooperate fully with the State Auditor's Office or its successor in the
conduct of the auditor investigation, including providing all records requested.
Contractor will ensure that this clause concerning the authority to audit funds
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received indirectly by subcontractors through Contractor and the requirement to
cooperate is included in any subcontract it awards.,
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, KERR COUNTY JUVENILE FACILITY agrees
as follows:
(a) KERR COUNTY JWENILE FACILITY will not discriminate against any employee
or applicant for employment because of race, color, religion, sex or national origin.
KERB COUNTY JUVENILY FACILITY will take affirmative action to insure that
applicants aze employed and the employees are treated equally during employment
without regard to their race, color, or religion Such action shall include, but not be
limited to the fallowing: employment, upgrading, demotion or transfer, recruitment or
advertising, lay-off or termination, rates of pay or other forms of compensation aad
selection far training, including apprenticeship. KERR COUNTY JUVENILE
FACILITY agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provision of this
non-discrimination clause.
(b) KERR COUNTY JUVENILE FACILITY will in all solicitations or advertisement for
employees placed by or on behalf of KERB COUNTY JUVENILE FACILITY, state
that all qualified applicants for positions in the detention facility will receive
consideration for employment without regazd to race, color, religion, sex, or national
origin.
This Contract and Agreement this date executed is made by and between the parties
hereof; it being the declared intention of the parties hereto that the above and foregoing
contract is a contract providing for the care of the children who have allegedly committed
an act of delinquency or an act indicating a need for supervision and payment for such
care by the placing County for such children placed the facility by the Judge of the
County having juvenile jurisdiction.
This contract is in lieu of all previous contracts or agreements by and between KERB
COUNTY and Juvenile Department for these purposes. Said previous contract to
terminate, become null and void, and be of no further force or effect of the date this
contract became effective.
IN WITNESS WHEREOF, we hereunto affix our signature this day of
.2004.
JUDGE PAT TINLEY
KERB COUNTY JUDGE
BECKY HARRIS
FACILITY ADMINISTRATOR
KERB COUNTY JWENILE FACILITY
PRESIDING JUDGE OF
COUNTY
CHIEF JUVENILE
PROBATION OFFICER
COUNTY, TEXAS
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