Dennis Buckley Judge of the Superior Court Yuba County Grand Jury Final Report i

Recommendations 12

• R1
  The Yuba County Grand Jury recommends that, as funds allow, the Probation Department expand its PASS Program with additional officers in more schools, including Lindhurst, Anna McKenney, and Linda.
• R2
  The policy manual used by the Probation Department should be reviewed for the purpose of removing the outdated material and correcting the language errors. Required Responses to Findings None Required Responses to Recommendations 2 Probation Department Yuba County Grand Jury Final Report 71 The Yuba County Probation Department is dedicated to early intervention, identification of at-risk youth, and preventative programs. We have experienced a steady decline in the number of juveniles requiring formal intervention by the justice system. July/2000 June/2001 June/2002 June/2003 June /2004 Juvenile Caseload #'s 237 240 222 155 138 300 250 ♦ 237 741 222 200 150 Juvenile Caseload #'s 138 100 50 0 JUVENILES UNDER COURT JURISDICTION Sutter Butte Yolo Yuba * Total Population 80,900 205,800 173,500 60,800 575 Juvenile Caseloads/ County 2004 182 687 138 (+1000 banked cases) Juvenile Caseloads/ County 2003 179 1425 630 155 *Population figures from 2001 County web sites *Caseload figures as of June 2004 • This is only one component of the program. The narratives by the working officers speak to the bonds that are created and the real influence of the program. Attachment 24 Yuba County Grand Jury Final Report 72 er er anner men er er an er er 2003-2004 P.A.S.S. PROGRAM The inception of the P.A.S.S. Program in 1986 started with a single officer. During the 2003-04 school years six P.A.S.S. officers were assigned to ten different school sites. Nine school sites are serviced within the Marysville Joint Unified School District. This year a PASS Officer was assigned within the Wheatland School District at Bear River Elementary School. *The following figures are for the MJUSD school sites. 2002-03 2003-04 Total District enrollment 13th month 9340 9559 4826 Enrollment for PASS Program site 5874 schools % of students eligible for services 62.8% 50.5% DIVISION OF STUDENTS SERVED Enrollment with Enrollment 2002-03 Total District 2003-04 Total + or - + or -- with PASS PASS Officers District Enrollment Student Officers 2003-04 Enrollment 2003-04 Enrollment 2002-03 2002-03 36.0% -3% ζ-5th 1794 1748 39.0% 4580 4803 +223 Grade 5-8th 2072 93.7% +8.8% 1915 84.9% 2210 -45 2255 Grade 9-12th 1006 86.4% 39.5% -46.9% +41 2165 2505 2546 Grade : į į Attachment 25 Yuba County Grand Jury Final Report 73 This page intentionally left blank. Yuba County Grand Jury Final Report 74 Yuba-Sutter Juvenile Hall Reason for Investigation This investigation was conducted pursuant to California Penal Code § 919(b), which states, in part, that the Grand Jury "...shall inquire into the condition and management of public prisons within the county." Juvenile Hall and Camp Singer fall within this category. Focus of Investigation This investigation was undertaken to inspect the facilities at the Yuba-Sutter Juvenile Hall and the Maxine Singer Youth Guidance Center (Camp Singer) and to assess the operating procedures and policies concerning staff and population, the services provided and general housekeeping. Process of Investigation Members of the Yuba County Grand Jury Law Enforcement Committee interviewed Mr. Frank Sorgea, who has been the Superintendent of Yuba-Sutter Juvenile Hall since 1990. Mr. Sorgea provided a detailed and informative explanation of the operations of Juvenile Hall and Camp Singer, including an overview of the budget, their present staffing level and qualifications, chain of command, incidents procedures and facility population. He also discussed upgrades to the facilities including the installation in 2004 of a new cooler system that has saved the Department several thousand dollars per month in energy costs. Staffing There are currently 60 employees at the Juvenile Hall and Camp Singer facilities, including teachers, clerical, janitorial, housekeeping, and kitchen staff. Of these, 26 are full time group counselors and eight are supervisors who are required to have at a minimum, an associate's degree in social sciences, criminal justice or similar field. These individuals are classified as peace officers and must therefore undergo both psychological and criminal background clearances before being hired. In regard to behavior control Mr. Sorgea stated that there is "no tolerance for misbehavior;" however, he emphasized the fact that all wards of Juvenile Hall and Camp Singer Guidance Center are treated by staff with dignity and respect. The juveniles are also required to treat each other similarly, and experience has shown that this policy results in the development of a generally positive relationship between staff and the wards, which helps to reduce or de- escalate any problems which may arise. Discipline ranges from counseling, to time out, to loss of points and privileges. There is also a "no-hands-on" policy and physical contact is a last resort. The fact that pepper spray has been used only three times in three years, compared to some surrounding counties where it is used several times a month, attests to the effectiveness of these policies. Following the interview, the Committee was taken on a complete tour of the facilities, which include the main Juvenile Hall and the newer Maxine Singer Guidance Center, which opened in
• R3
  The INS Jail Bed Revenue Sharing agreement is out of date and needs to be reviewed.
• R4
  The INS Jail Bed Revenue Sharing agreement is not being complied with. Further, there is indication that the Board of Supervisors is not distributing the monies correctly and is using the monies to supplant the Sheriff's current year's budget. Recommendations
• R5
  Complaint of violations of YCWD citizens' voting rights. Of eight properties investigated by the Committee regarding annexation, it was found that although all eight have paid the fees (between March 1983 and May 1992) to the YCWD to become annexed, there are no official records of the annexation ever being completed. These property owners are excluded from all elections involving the YCWD and have been for at least 13 years.
• R6
  Allocation for Sheriff's Department for additional personnel, safety equipment and fixed assets, which can be encumbered at the end of the fiscal year (and each subsequent year for renewed contracts) but not to supplant annual budget. $15.97 per day per inmate (35.5\%) . . . . Attachment 35 92 Yuba County Grand Jury Final Report
• R7
  The Children's Council members were unaware of their obligation to advise the Chief Probation Officer in preparing an expenditure plan for the CYSA/TANF funds. Recommendations Local government entities represented on the Children's Council need to communicate
• R8
  On February 4, 2005, jurors received an internet link to County Fiscal Letters (CFL's) from the State Department of Social Services, County Allocations Unit, in which Yuba County allocation found, http://www.dss.cahwnet.gov/ amounts could be lettersnotices/CountyFisc 552.htm.
• R9
  Type of Detainee: [X ] Adult Male [X] Adult Female City/County or State Government Certification: To the best of my (our) knowledge and belief, data submitted in support of this agreement is true and correct. This agreement has been duly authorized by the governing body of the city/county or state government identified in block 5 above. The city/county or state government identified shall comply with all provisions set forth herein. 9-00 Virginia R. Black Sheriff-Coroner (Nume & Title typed or printed) (Date) (Signature) (Name & Title typed or printed) (Signature) (Date) (Signature) (Name & Title typed or printed) (Date) (Signature) (Date) (Name & Title typed or printed) (For additional signatures, please attach another page.)
• R10
  Jurors reviewed printouts from the internet including articles from the Chief Probation Officers of California (CPOC) web site. These articles show CPOC involvement with W&I §§18220-26, especially the section known as the Comprehensive Youth Services Act (CYSA)/TANF funded program. Chief Probation Officers of California (CPOC) Articles
• R11
  This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA, by direction of the SECRETARY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT Clas Barilay 2/2/04 ALAN J. BARCLAY (Contracting Officer Signature) (Date) (Name typed or printed) APPROVED AS TO FORM: DANIEL G. MONTGOMERY, COUNTY COUNSEL Nother R. Burgess, Chief Deputy Attachment 34 90 Yuba County Grand Jury Final Report
• R40
  On January 12, 2005, members of the Yuba County Grand Jury met again with Sheriff Black and Captain Ron Johnson, Operational Division Commander. Sheriff Black explained that a runaway's status makes no difference as to energy expended looking for them. The Department receives no monies from any sources specifically earmarked for runaway youth or youth services in general. Deputies may call Probation and suggest intervention or inform the parents and runaway youth, but they generally do not report individual runaways to the Probation Department. If a child is on probation, the deputy might call the child's probation officer to suggest counseling. Sheriff Black stated that she and Chief Probation Officer Steve Roper have not met and discussed the issue of runaway children. Computer Aided Dispatch (CAD) reports show that the Sheriff's Department actively searches for runaways. Department of Social Services On November 11, 2004, jury members interviewed representatives of the Yuba County Social Services Department, including Ms. Suzanne Nobles, Health and Human Services Director, Ms. Kathy Volf, Assistant Director, Ms. Pam Cooke, Assistant Program Manager, Ms. Chris Adams, Manager of Children's Services, and Mr. Tom Clarke of Children's Services. Mr. Clarke explained the different classifications of youths as seen from the social services perspective using Welfare and Institution Codes (W&I.) In essence, the Department has parental responsibility for all dependent foster care children. Therefore, social services is responsible for runaway foster care dependents only. At the time of this interview, 2 out of 120 foster children were on runaway status, an average number of runaways per month for Yuba County. The Department's goal is to find and stabilize the situation of these youths. Law enforcement is notified, and protective custody warrants are issued through the courts. Social service workers physically look for the missing youths. They check with relatives, the children's friends and associates. Wherever the child is found, the Department will immediately send a representative to return the child. Social services will also arrange for the return of children who have run away from other counties or states. It was stated that the Children's Council did not advise Chief Probation Officer Roper on how to spend his Comprehensive Youth Service Act/Temporary Aid to Need Families (CYSA/TANF) funds. Rather, the workers felt that the Council's role was to identify needs and prepare strategic plans for Yuba County's children. The Children's Council is not funded, but meets during normal work hours. Yuba County Grand Jury Final Report 134 When asked who might compile statistics in the County on runaways or missing children, the social services representatives suggested that probation and law enforcement might, but their department did not. They knew of no permanent compilation of data within Yuba County. Social services has no mandate to report runaways unless the child has been or is suspected of having been abused or neglected. When asked for recommendations on the issue of runaways, Mr. Clarke stated it would be good to have something in place for at-risk youth. Having a team of volunteers to respond to these youths and help "sort things out" would be helpful. District Attorney's Office Patrick McGrath, District Attorney, met with Grand Jury members on November 9, 2004. During that interview, Mr. McGrath stated that his department had nothing to do with runaway children. He was familiar with the Children's Council and attended meetings. In the district attorney's reception area, jury members found handouts entitled "Kids and the Law, An A-to-Z Guide for Parents." This resource is funded by the Foundation of the State Bar of California. Jury members found this guide to be informative and potentially helpful to parents. It contains a glossary of useful terms and thoughtfully considers the rights and responsibilities of minors. Probation Department On November 29, 2004, jury members interviewed Chief Probation Officer Steve Roper in his office. Mr. Roper has been with the Probation Department since early 1975. In 1989, he was appointed Chief Probation Officer. Mr. Roper stated most runaways are between 15 and 18 years old. The Yuba County Probation Department receives an estimated $174,194 in funds annually. These funds allow the Department to expand preventive services to target populations of youth who are "habitual truants, runaways, or at risk of being adjudicated wards of the court under §§ 601 or 602. " The Yuba County Board of Supervisors is required to establish a local planning council. This Council is to meet and advise the Chief Probation Officer in developing the expenditure plan. Mr. Roper shared with jury members some history concerning runaway youth in this state. He noted that in 1968, a judge could order a runaway youth to go home. If the youth then left home, a warrant would be issued based on the violation of the court order. In 1978, running away was changed to a status offense. Because not staying at home or attending school was characterized as legal for an adult, it was determined it could not be illegal for youth. This change in the law, in Mr. Roper's view, has made assisting parents and runaways difficult. A judge can only advise at-risk youth to go home. Mr. Roper mentioned there is currently no receiving home or shelter facility for runaways in Yuba County, but Assembly Bill 3121 could provide a possible funding source for a shelter in the future. Yuba County Grand Jury Final Report Mr. Roper further advised that although few counties work with at-risk youth, Yuba The County's Probation Department has an officer and counseling for these runaways. The Department has had no referral for these counseling services for at least two years. counseling is for both the at-risk youth and his or her parents. Mr. Roper thinks a uniformed officer may have the needed beneficial effect on these youth. He stated that Sheriff Black and he have had some discussions on runaways, but not on the lack of referrals to the Probation Department. The Probation Department is involved with the Children's Council. Mr. Roper is the current chairperson and one of the Council's founders. The Children's Council came about from a funding opportunity through the Juvenile Justice Crime Prevention Act of 2000. Mr. Roper advised jury members that the Probation Department receives some $193,000 from CYSA/TANF, which is used as revenue offset. Probation has a Code of Conduct and a duty-to-act if they receive a report of a runaway. They can detain at-risk youth temporarily. Mr. Roper stated that truancy and running away are "gateway behaviors". He would like Yuba County to do more, but "there is no money". The Probation Department would welcome funding and ideas to help with this problem. On February 8, 2005, jurors again met with Chief Probation Officer Steve Roper. He stated that CYSA/TANF funds have been received by the Probation Department in the past. Mr. Roper explained that in 2004-2005 these funds were not available; however, a like amount came from the state general fund. These funds have been expended on: 1. A variety of therapists for delinquents 2. A work program 3. A school intervention program 4. POW (Putting Out Winners), a substance abuse program. Mr. Roper cannot specifically identify a CYSA funds auditing trail as these grant funds are used in conjunction with other funds. Mr. Roper formed a Juvenile Justice Coordinating Council, which folded into the Children's Council to help decide where the CYSA funds should go. The expenditures were ratified by the Board of Supervisors for the first two years, and then made part of his operational budget. Mr. Roper said that the CYSA program is "not targeted directly by our programs." He said that the Department does assign a senior officer if a parent of a runaway calls and asks for help, which sometimes happens. Mr. Roper stated that the Department cannot do anything until a referral is received, and does not advertise services for runaway youth and their families. Bi-County Mental Health Department On January 20, 2005, members of the Grand Jury met with Ms. Joan Hoss, Director of Bi- County Mental Health, in her office. The director stated that the Mental Health Department has no specific response to runaways. The crisis service is not a common destination for runaways, Yuba County Grand Jury Final Report 136 MINE OF STREET and there are no public service messages advertising the crisis service as a place for them to go. Employees may notify child protective services (CPS) or parents, but will usually not notify the sheriff or police departments if a runaway comes to the Mental Health Department. Mental health, by law, cannot treat children without their parent's permission; however, if a child is considered suicidal, he or she will be treated. The Department keeps no statistical data on runaways. There is a log in the crisis service of all contacts but the log has no data entry area for "runaway." The Mental Health Department is listed with the National Runaway Hotline. If a youth repeatedly runs away, his/her parents can get counseling at the Mental Health Department. Ms. Hoss explained that running away was a conduct disorder, not a criteria for specialty services at Mental Health. She thinks a runaway youth should go to the Probation Department for assistance. If a family brings a child to the facility and there is no clinical problem, the youth will receive no treatment. The Department receives no funds earmarked specifically for runaways. Mental Health Department TANF funds come from CalWorks funds and are dedicated to mental health services and drug and alcohol programs for clients. Director Hoss attends meetings of the Children's Council. She stated that the Council is concerned with prioritizing needs for Yuba County children; however, the problem of runaways has not been specifically addressed. Director Hoss does not remember the Council advising the Chief Probation Officer in developing an expenditure plan. Director Hoss stated that, in her opinion, if funding for a functional group were tied to the runaway issue, the Children's Council priority areas might change (see Attachment 41 for Children's Council Mission and Goals.) Financial Documents The jurors requested CYSA/TANF documentation of revenue received, budgeted or expended from the Probation Department. The Committee hoped to review a detailed revenue audit trail to determine where and how over one million dollars in federal CYSA/TANF funds were spent in Yuba County since 1997. Jurors were not able to do so from the documents received (Attachments 42 - 46.) Findings 1. All interviewed parties appear genuinely concerned for runaways and the youth of our communities. Additionally, they expressed concern about the lack of funds available to deal with runaways and help their families. 2. Communication and understanding is lacking between departments that are involved with runaways who are not wards of the court. 3. There is not a countywide procedure or guideline for departments to follow regarding runaways. 4. The Sheriff's Department is following their protocol to actively search for runaways. 5. The Probation Department has established programs that are useful to youth and the community. Yuba County Grand Jury Final Report 137 6. Yuba County Probation Department received over $1,000,000 from CYSA/TANF funding between 1997 and 2004. The documentation provided by the Probation Department was not sufficient for a complete review of the Department's use of funds. 7. The Children's Council members were unaware of their obligation to advise the Chief Probation Officer in preparing an expenditure plan for the CYSA/TANF funds. Recommendations Local government entities represented on the Children's Council need to communicate 1. with each other about their protocol and services for runaways and their families. 2. The Grand Jury encourages the Sheriff's Department to continue their vigilance in looking for runaway children. It is recommended that they refer parents and children to the Probation Department for counseling. 3. The Probation Department needs to clarify the way their programs meet funding sources guidelines. Sufficient documentation needs to be maintained in order to account for revenue income and expenditures. The Grand Jury recommends an increase in outreach to the public about the availability 4. of services to runaways or potential runaways, such as public announcements in newspapers and radio, posters in schools and where youth may gather, and a youth hotline. 5. The Grand Jury encourages Children Council members, local government employees, and nonprofit volunteers to consider other established programs, such as the Butte County HERE program. The Federal Runaway and Homeless Youth Act (RHYA) is a possible source of funding for Yuba County runaway efforts. 6. The Grand Jury recommends that a countywide policy be developed concerning at-risk youth. Required Responses to Findings 1-5 None 6 Probation Department Required Responses to Recommendations 1 Children's Council Representatives: 2 Sheriff's Department 3, 4 Probation Department County Administrator 6 Research Sources Used in Conjunction with the Youth Project, Runaway Youth 1. November 8, 2004, a representative from a local state senator's office responded to the Committee's inquiry about W&I Code §§1820-26, advising it represented Temporary Aid to Needy Families (TANF) funding. Yuba County Grand Jury Final Report 138 2. November 9, 2004, jury members found an internet site, www.endhomelessness.org, which summarizes the Runaway and Homeless Youth Act (RHYA) first initiated in 1974. This is a competitive federal grant program designed to benefit runaway or homeless youth and their families. The act was reauthorized in October 2003 and is currently seeking and granting proposals. 3. November 11, 2004, at http://caag.state.ca.us/missing/content/03cnty_ch.htm, 323 children were listed as "runaway" for Yuba County in the 2003 Reports of Missing Children by County, at the Attorney General's Office. This number represents the most recent figures available (Attachment 47) 4. The Homeless Emergency Runaway Effort (HERE) Butte County, web site was located at http://www.butte-dbh.org/here.htm. No mention is made at the site of joint efforts with Yuba County (Attachment 48.) 5. The Legislative Counsel's Digest of AB 1542, Senate amendment 42 of which became the Comprehensive Youth Services Act and W&I §18220. 6. RHYA web site mentioning specific grants, funding amounts, grant criteria and vocabulary used for runaway youth http://www.acf.hhs.gov/programs/fbci/progs/fbci rhyouth.html (Attachment 49.) 7. Juvenile Justice Program Reports from California Budget Bulletin, August 23, 2004, "Probation Departments get reprieve: federal TANF probation funds replaced with state general funds" at http://www.commonweal.org/programs/jip-reports/report-082304.html. 8. On February 4, 2005, jurors received an internet link to County Fiscal Letters (CFL's) from the State Department of Social Services, County Allocations Unit, in which Yuba County allocation found, http://www.dss.cahwnet.gov/ amounts could be lettersnotices/CountyFisc 552.htm. 9. It is noted by jurors that in a local newspaper dated March 19, 2005, the Marysville Police Department was seeking two runaways. The article featured photos of the two youth and a statement by Lt. Mark Cummings that the public's help in finding the youngsters was vital. This kind of outreach was new to the jurors and seemed helpful. 10. Jurors reviewed printouts from the internet including articles from the Chief Probation Officers of California (CPOC) web site. These articles show CPOC involvement with W&I §§18220-26, especially the section known as the Comprehensive Youth Services Act (CYSA)/TANF funded program. Chief Probation Officers of California (CPOC) Articles 1. Sample board of supervisors' letter for setting up CYSA implementation in a county from the CPOC web site http://www.cpoc.org/Guidebook/appendix 5b.htm (Attachment 50.) 2. Memorandum to Yolo Board of Supervisors from their Chief Probation Officer dated 2002 TANF Expenditure Plan October 22, concerning the http://www.yolocounty.org/org/bos/agendas/2002/102202/21.pdf. Yuba County Grand Jury Final Report 139 3. CPOC policy positions intended to create a foundation for statewide consistency in probation TANF...activities, Policy #1 being that TANF funds will be used for purposes which are fully consistent with the intent of Congress and the California Legislature http://www.cpoc.org/Guidebook/chapter 3 of tanf guidebook.htm (Attachment 51.) CPOC/CYSA County Implementation Information http://www.cpoc.org.TANF/ 4. tanf cysa info.htm. The Rand Statewide Evaluation of the CYSA/TANF Program, a 100+ page report, 5. prepared for the CPOC, published 2003 www.rand.org. Yuba County Grand Jury Final Report 140 ... . . . . . . . . . . . . . . . . . . . The County of Yuba COI VIRGINIA R. BLACK OFFICE OF THE SHERIFF - CORONER Sheriff - Coroner (530) 749-7777 "DEDICATED TO OUR COMMUNITY" FAX (530) 741-6445 December 28, 2004 TO: Yuba County Grand Jury-Law & Justice Committee Sheriff Virginia R. Black FROM: RE: Runaway Juveniles For the year, to date, 256 calls were made to our department regarding runaways. Of those, 170 reports were written, meaning the others returned or were located prior to a deputy asking for a report number. At this time, there are six juveniles who are still outstanding as runaways. That number changes frequently. COURTHOUSE • 215 FIFTH STREET, SUITE 150 • MARYSVILLE, CALIFORNIA 95901-5788 Attachment 38 141 Yuba County Grand Jury Final Report