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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Stanislaus County Grand Jury
• 2020-2021
UAV FAA Compliance in Law Enforcement Agencies
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 6 findings
F1
Page 45
Each facility was found to be well maintained and clean.
F2
Page 45
On-site comprehensive medical services are available at each detention facility.
F3
Page 45
On-site educational programs for detainees are available at both the Sheriff’s Detention Center and the Juvenile Detention Center.
F4
Page 45
The Stanislaus Regional 911 staff is highly trained and, based on observation, has the ability to triage emergency and non-emergency calls.
F5
Page 45
The Modesto Police Department’s Real Time Crime Center can triage developing incidents and provide crucial information to responding officers and other first responders prior to their arrival.
F6
Page 45
The Stanislaus County Coroner’s Facility is state-of-the-art and has space for future expansion. 2019-2020 Stanislaus County Civil Grand Jury – COMMENDATIONS: C1. SCCGJ commends the staff of each facility toured for adopting practices that maintain the state-of-the-art facilities and emphasize education and evaluation of programs to meet future needs. C2. SCCGJ commends the staff at each toured facility for a strong sense of pride, dedication, commitment and ownership in executing their responsibilities. Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 2019-2020 Stanislaus County Civil Grand Jury – 2019-2020 Stanislaus County Civil Grand Jury Case #20-12GJ In Home Support Services 2019-2020 Stanislaus County Civil Grand jury Case #20-12C In Home Support Services SUMMARY The Stanislaus County Civil Grand Jury (SCCGJ) initiated an investigation of the In Home Support Services (IHSS) program. The IHSS program is administered by the Community Services Agency (CSA) in Stanislaus County. The investigation was initiated in response to a citizen complaint of mismanagement and poor oversight of the IHSS program. The allegations included the following:
• Delay of initial assessments
• Delinquent reassessments
• Delayed caretaker payments
• IHSS budget reduction
• Issuance of a state corrective action plan
• Unsafe work conditions
• Poor social worker retention
• Limited social worker promotion opportunities IHSS is a necessary and valuable program for elderly and disabled citizens of Stanislaus County. Approximately 7,000 recipients receive services through the IHSS program. Established in 1973, IHSS is part of a statewide program that provides domestic and personal care services for qualified elderly and disabled citizens in Stanislaus County. IHSS is funded by a combination of county, state and federal programs. Between January and November 2019, IHSS received a total of 2,963 new applications. Due to a carryover of pending applications from the prior year, a total of 3,095 applications were completed. The stated goal of the IHSS program is to provide assistance to those “eligible aged, blind and disabled individuals who are unable to remain safely in their own homes without this assistance.” IHSS is an alternative to out of home care. The extent of services offered to citizens is in part determined by the availability of funds earmarked and disbursed by the state. Funds are forwarded to the county for budget review and a final IHSS budget is formulated. GLOSSARY SCCGJ Stanislaus County Civil Grand Jury CAP Corrective Action Plan CDSS California Department of Social Services CSA Community Services Agency IHSS In Home Support Services ICT Inter-County Transfer 2019-2020 Stanislaus County Civil Grand Jury – BACKGROUND The IHSS program, part of a statewide program established in 1973, is under the purview of the Community Services Agency (CSA) in Stanislaus County. The objective of IHSS is to provide assistance to citizens enabling them to remain safely in their own homes as an alternative to out of home care. All new IHSS applications are designated a ranking of 1, 2 or 3 depending on the acuity level of the applicant. Applicants with a 1 ranking are in dire circumstances that require urgent in-home care and are assessed within two business days. Applicants with a 2 ranking have an above average need for care and are assessed within ten business days. Applicants with a 3 ranking receive a standard response within thirty days of the application date. Inter-County Transfers (ICT) are to be evaluated within thirty days. In addition to the Health Certification form, the application package includes the following:
• Needs Assessment
• Application for Social Services
• Recipient/Employer Responsibility Checklist
• Individualized Back-up Plan and Risk Management
• Voter Preference form
• Notice to Applicant of Health Care Certification Requirement
• Caregiver Fingerprinting Information
• Community Resources. State guidelines for the completion of the initial assessment are in conflict. Most applicants seeking services first contact IHSS by telephone. The first contact date triggers a thirty day application completion requirement. However, the applicant has up to forty-five days to submit the medical certification. Due to extenuating circumstances, the forty-five day requirement can be extended even further. Hospitalization of the applicant, withdrawal of the application, declining cognitive functioning and physician delays in completing paperwork may all contribute to an incomplete or delayed application. On average it takes three months for an applicant to receive a determination on a request for services. On September 7, 2017 the California Department of Social Services (CDSS) notified the Stanislaus County CSA that the IHSS program was being placed on a Corrective Action Plan (CAP), because of failure to meet the required minimum reassessment rate of 80%. In order to address the deficiency, three Social Worker III positions were added as well as an increase in management oversight. METHODOLOGY SCCGJ used the following methodology to investigate the complaint:
• Interviewed complainant
• Interviewed CSA and IHSS personnel
• Reviewed the Citizen Complaint Form and attachments
• Reviewed Social Worker I-III Pay Ranges
• Reviewed relevant IHSS documents 2019-2020 Stanislaus County Civil Grand Jury – DISCUSSION SCCGJ interviewed personnel regarding the IHSS program and was informed that training a new IHSS social worker can take as long as six months. As social workers gained experience and expertise they were eligible for promotion to a Social Worker II position. However, after being promoted to Social Worker II, experienced employees would often leave IHSS as no path towards additional promotion existed. This promotional limitation resulted in hiring difficulties that contributed to excessive reassessment delinquencies. This was recently corrected by the addition of Social Worker III positions in the IHSS program. Interviews indicated that delayed caretaker payments were caused by service provider timecards which were frequently inaccurate, not properly signed or delayed due to mail delivery problems. To remedy this problem the state is in the process of implementing an electronic timecard system in Spring-Summer 2020. SCCGJ confirmed through interviews and documentation that the IHSS program was placed on a corrective action plan (CAP) for failing to complete at least 80% of the annual reassessments within 12 months. The IHSS program was removed from the CAP for Fiscal Year 2018-2019 with an increased reassessment compliance rate of 80.53%. Due to additional hiring and increased oversight, the program remains in compliance with an 86% reassessment rate. SCCGJ considered all of the allegation made by the complainant and chose to focus on the allegation of mismanagement and poor oversight. Other issues raised by the complainant related to personnel matters which are beyond the scope of SCCGJ’s mission. Other avenues are available to the complainant to address such matters. FINDINGS
Recommendations 2
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R1Page 50Monitor the state plan due to be implemented during Spring-Summer 2020 to switch to electronic timecards.
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R2Page 50Annually evaluate social worker retention rates to determine the effectiveness of implementing an augmented path to promotion for social workers. 2019-2020 Stanislaus County Civil Grand Jury –
Commendations 5
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CM1 Page 39“Registration Databases in Arizona and Illinois Were Breached, FBI Says” Time magazine, https://time.com/4471042/fbi-voter-database-breach-arizona-illinois/ 3/10/2020 2. “Hackers Breached Voter Databases in Two Florida Counties Ahead of 2016 Election” The Wall Street Journal, https://www.wsj.com/articles/hackers-breached-voter-databases- in-two-florida-counties-ahead-of-2016-election-11557854717, 3/10/2020 3. “U.S. intel agencies: Russia and China plotting to interfere in 2020 election” NBC news, https://www.nbcnews.com/politics/national-security/u-s-intel-agencies-russia-china- plotting-interfere-2020-election-n963896, 3/10/2020 4. “Report On The Investigation Into Russian Interference In The 2016 Presidential Election” U.S. Department of Justice, https://www.justice.gov/storage/report.pdf, 3/10/2020 2019-2020 Stanislaus County Civil Grand Jury Case #20-11GJ Law Enforcement Facilities Tours 2019-2020 Stanislaus County Civil Grand Jury Case #20-11GJ Law Enforcement Facilities Tours SUMMARY The 2019-2020 Stanislaus County Civil Grand Jury (SCCGJ) conducted selected law enforcement facility tours/inspections as mandated by the California Penal Code. Tours/inspections included the Stanislaus County Sheriff’s Detention Center, Juvenile Detention Center, Stanislaus Re-Entry and Enhanced Alternatives to Custody Training Facility (REACT), Stanislaus Regional 9-1-1 Emergency Call Center (SR911), Stanislaus County Coroner’s Facility, and Modesto Police Department (MPD) Real Time Crime Center. Each facility was found to be well maintained and clean. The staff prioritizes the best interests for the community and/or detainees by placing a strong emphasis on maintaining practices appropriate for their state-of-the-art facilities, education and self-awareness. Overall, SCCGJ was impressed with the services provided by the city/county law enforcement agencies, given the parameters of tight budgets and staffing.
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CM2 Page 46C1. SCCGJ commends the staff of each facility toured for adopting practices that maintain the state-of-the-art facilities and emphasize education and evaluation of programs to meet future needs. C2. SCCGJ commends the staff at each toured facility for a strong sense of pride, dedication, commitment and ownership in executing their responsibilities. Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
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CM3 Page 242019-2020 Stanislaus County Civil Grand Jury Case #20-12GJ In Home Support Services
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CM4 Page 482019-2020 Stanislaus County Civil Grand jury Case #20-12C In Home Support Services SUMMARY The Stanislaus County Civil Grand Jury (SCCGJ) initiated an investigation of the In Home Support Services (IHSS) program. The IHSS program is administered by the Community Services Agency (CSA) in Stanislaus County. The investigation was initiated in response to a citizen complaint of mismanagement and poor oversight of the IHSS program. The allegations included the following: Delay of initial assessments Delinquent reassessments Delayed caretaker payments IHSS budget reduction Issuance of a state corrective action plan Unsafe work conditions Poor social worker retention Limited social worker promotion opportunities IHSS is a necessary and valuable program for elderly and disabled citizens of Stanislaus County. Approximately 7,000 recipients receive services through the IHSS program. Established in 1973, IHSS is part of a statewide program that provides domestic and personal care services for qualified elderly and disabled citizens in Stanislaus County. IHSS is funded by a combination of county, state and federal programs. Between January and November 2019, IHSS received a total of 2,963 new applications. Due to a carryover of pending applications from the prior year, a total of 3,095 applications were completed. The stated goal of the IHSS program is to provide assistance to those “eligible aged, blind and disabled individuals who are unable to remain safely in their own homes without this assistance.” IHSS is an alternative to out of home care. The extent of services offered to citizens is in part determined by the availability of funds earmarked and disbursed by the state. Funds are forwarded to the county for budget review and a final IHSS budget is formulated.
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CM5 Page 57C1. SCCGJ commends Modesto Police Department, Stanislaus County Sheriff’s Department and Oakdale Police Department for having well organized drone programs. (Review your info: there may be more)
Comments 1
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CO1 Page 28F8. A failure to follow the Brown Act, such as adding items to the agenda or failing to notate exemptions in the minutes, may result in exclusion of interested individuals’ participation in discussions.
Observations 2
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OB1 Page 38The California Secretary of State directed Stanislaus County to purchase a new election system. HartInterCivic scanners and touch screen voting systems have been certified for use by the Secretary of State. The county purchased new scanners, ballot boxes and two tallying computers for use in county elections. Although two tally computers were purchased, only one computer is used for reporting the vote; the second is maintained with current data in the event that the first computer fails. Both computers are maintained in a separate, windowed enclosure in the ORV and are connected only to an electrical power source. The HartInterCivic Company is a Microsoft Certified Windows Builder and provides the Secretary of State with a certified copy of Windows 7. This operating system maintains all the functionality required by a modern computer but lacks the ability to connect to any network. The lack of network communication eliminates the threat of electronic tampering with the election. The tally computer is reformatted for each election with a fresh installation of the operating system. This is done to ensure that the computer is working with a clean operating system and is not infected with malware. A new copy of Windows 7 is hand delivered to the ORV in the custody of two staff members from the office of the Secretary of State. The Stanislaus County ORV maintains a diligent stance with regard to security. In addition to re-installing the operating system, all passwords are changed for each election. SCCGJ found
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OB2 Page 39that all computers in the ORV are hardwired to the Local Area Network (LAN), and no WI-FI connections exist within the office. The CCTV cameras in the ORV are focused only upon the visitors’ lobby to prevent unauthorized persons from observing the keypad code required to enter the tally computer enclosure. In discussions with ORV personnel SCCGJ is satisfied by the additional security measures taken for safeguarding day to day operation of the office and with the measures taken to secure the electoral process.