ORDER NO.29413
APPROVE RESIDENTIAL SERVICES CONTRACT FOR POST-
ADJUDICATED JUVENILE OFFENDERS IN SECURE PLACEMENT
AT THE KERB COUNTY JUVENILE DETENTION FACILITY
Came to be heard this the 30th day of September, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
approved by record vote of 4-0-0 to:
Approve the new contract format for Residential Services for Post-
Adjudicated Juvenile Offenders in Secure Placement at the Kerr County
Juvenile Detention Facility.
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THE STATE OF TEXAS )(
COUNTY OF KERR )(
JUVENILE 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 as evidenced 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
• Kerr County 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 Juvenile
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; and that the Kerr County Juvenile Board has
inspected and certified the facility pursuant to statute.
• Kerr County 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.
If the child is receiving specialized services and qualifies to be reimbursed by the
State at a higher rate, the higher daily State rate will apply to the child.
In the event that the Kerr County Juvenile Facility transports the child either to or
from the placement agency, Kerr County may seek reimbursement from the
placement agency for mileage calculated at the Texas State Comptroller rates.
• 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 herein, 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 j hours of the
emergency examination and/or treatment.
(6) ADMISSION DOCUMENTATION
Each child placed in the facility by the Juvenile Deparhnent shall be admitted under
proper order of the Juvenile Court and the Administrator will be furnished a certified
copy of said order prior to admission.
• 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 Faei]iTy 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 Kerr County Juvenile Facility will provide written individualized treatment
assignments and treatment objectives for each child.
• The Kerr 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
f) 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 (90-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 havingjuvenilejurisdiction of the child.
b) Authorization of the Juvenile Department who originally placed the child.
Upon discharge from the progrant, 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 Kerr County Juvenile Facility will maintain records as referenced above for three
(3) years 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, Kerr County Juvenile 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, ses, religion, disability or national origin. Kerr County Juvenile Facility
shall abide by all applicable federal, state and local laws and regulations.
• 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.
(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 Kerr
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 Kerr
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.
EXECUTION
IN WITNESS WHEREOF, we hereunto affix our signature this
?004
PAT TINLEY
PRESIDING JUDGE KERR COUNTY
BECKY HARRIS
FACILITY ADMINISTRA"fOR
KERB COLiNTY JUVENILE FACILITY
PRESIDING JUDGE
SENDING COUNTY
CHIEF JUVENILE PROBATION
OFFICER OF SENDING COUNTY
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