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Extraído del Informe Consolidado
Esta investigación fue publicada originalmente como parte de un informe consolidado más amplio que contiene múltiples investigaciones. Consulte el PDF consolidado para ver el documento completo.
Santa Cruz County Grand Jury
• 2023-2024
__ Agree __ Partially Disagree _x_ Disagree Response explanation (required for a response other than Agree): HSD
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 6 findings
F1
Page 305
The inability of local fire departments to coordinate (communicate) with CAL FIRE during their initial response to the CZU Fire caused many fire victims to unnecessarily lose their homes and possibly contributed to the loss of a life.
Related Recommendations (1)
R1
Page 285
The Grand Jury recommends that CPS publish an organizational chart by October 31, 2024. (F1) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – _X_ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) __ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: This is currently under development and will be implemented by the Grand Jury’s timeline. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 276 Santa Cruz County Civil Grand Jury
F2
Page 305
The Long-term Recovery Group which assisted CZU fire and other disaster victims with case management and food and housing support serves as a model for the future.
Related Recommendations (1)
R2
Page 286
The Grand Jury recommends that CPS publish outcome based metrics, such as number of children moved to Resource Families, number of Resource Families available in the County, number of successful and failed reunifications, and identify success metrics for children under care, on an annual basis on their website to improve transparency by December 31, 2024. (F2, F3, F6) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: This recommendation will not be implemented because much of the suggested metrics are already publicly available on the UC Berkeley CCWIP website, including reunification rates, re-entry rates (failed reunifications), and the types of placements youth in care are experiencing (i.e. Short-Term Residential Therapeutic Program or STRTPs, RFA homes, etc). Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 2023-2024 Consolidated Final Report with Responses 277
F3
Page 281
Lots of data is available on the California Welfare Indicators Project maintained by University of California for the whole state of California for each county. It is hard to sift through and find relevant data for Santa Cruz County. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): HSD disagrees with this assertion. The data on the UC Berkeley website is as comprehensive as it needs to be, given the utility of the site by multiple stakeholders. Technical assistance is available to the public for navigation through the website, to assist interested parties in finding the exact data for the localities they seek. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 272 Santa Cruz County Civil Grand Jury
Related Recommendations (1)
R2
Page 286
The Grand Jury recommends that CPS publish outcome based metrics, such as number of children moved to Resource Families, number of Resource Families available in the County, number of successful and failed reunifications, and identify success metrics for children under care, on an annual basis on their website to improve transparency by December 31, 2024. (F2, F3, F6) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: This recommendation will not be implemented because much of the suggested metrics are already publicly available on the UC Berkeley CCWIP website, including reunification rates, re-entry rates (failed reunifications), and the types of placements youth in care are experiencing (i.e. Short-Term Residential Therapeutic Program or STRTPs, RFA homes, etc). Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 2023-2024 Consolidated Final Report with Responses 277
F4
Page 282
There is no formal complaint process. You can lodge a complaint only with your social worker. When the complainant is not happy with the resolution, complaints are lodged with the Grand Jury. This is ineffective and results in a lack of accountability or follow up on the complaint. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): HSD disagrees with this assertion but understands that the child welfare system is complex, so it is not always clear as to what avenue is available to express concerns about a situation formally. FCS Division staff are strongly committed to providing the best possible services to our community, and we are generally regarded as a system that is open to hearing and addressing any concerns or complaints from parents, family members and foster parents of the children we serve. It is the goal of FCS to resolve complaints at the lowest possible level, and most situations are resolved this way. Complainants are encouraged to utilize the chain of command (social worker, supervisor, program manager) to allow for fullest participation of those individuals closest to the situation. Most complaints can be satisfactorily resolved at the supervisory or management level. However, when resolution cannot be achieved through this method, complainants may submit their concerns in writing for further review by the division director. FCS staff are trained on a methodology for handling complaints and grievances in order to ensure that staff respond with fairness and sensitivity to all concerns expressed by parents, family members and foster parents. It is the policy of FCS that staff will make every effort to resolve complaints or grievances in a responsive, sensitive and timely fashion that is consistent with state regulations and departmental policy and procedures. Complaints are fully heard, treated seriously and responded to fairly. Additionally, complaints and concerns can also be lodged with the State Ombudsperson of CDSS and/or brought to the attention of the judge during any court hearing held for an open case. As stated, with HSD broadly in the process of updating its public facing website, the FCS division will use this opportunity, and this specific Grand Jury complaint, as an opportunity to endeavor to make clearer in writing the avenues available to register a complaint if informal processes are not satisfactory. This information will be placed on the public facing website, and so that parties can lodge complaints directly. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 2023-2024 Consolidated Final Report with Responses 273
Related Recommendations (2)
R3
Page 287
The Grand Jury recommends that CPS create and publish the complaint process. This published process should include a supervisor not vested in the outcome who can review the complaints. This process and the accompanying metrics like number of complaints and resolution times should be made available to the public by December 31, 2024. (F4) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe _X_ (not to exceed six months) __ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: A compliant process exists as outlined in Finding 4. With HSD’s updating of its public facing website, the process to register a formal complaint if informal processes are not satisfactory, will be made clearer. This website update is anticipated to be completed by the Grand Jury’s timeline. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 278 Santa Cruz County Civil Grand Jury
R4
Page 288
The Grand Jury recommends that the County Board of Supervisors establish a Child Welfare Oversight board and an Inspector General similar to what the 2002-2003 Grand Jury recommended. This could help resolve bias, impropriety and undue influence complaints and will help provide transparency and increase trust in the CPS process. The Grand Jury recommends that the planning for this should start by December 31, 2024, with the board fully implemented six months after the planning is finished. (F4, F5) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: This recommendation will not be implemented because there are currently several oversight provisions in federal and state law for the administration of child welfare. As required under the Welfare and Institutions Code, all open child welfare cases are supervised by a Juvenile Court Judge, who receives a substantive report from FCS with updates on open child welfare cases and the families involved in open child welfare cases, at least every 6 months. At these hearings, both parents and children are appointed their own counsel who represent their interests. Resource families are also given notice of the hearings and provided the opportunity to be heard both in person and through the Caregiver Information Form (JV-290). Moreover, child welfare agencies must adhere with significant reporting requirements to CDSS and the federal government, which carefully review and audit County child welfare programs and operations on a regular basis. The State has also already established the Office of the Foster Care Ombudsperson, which is a neutral and independent office to help solve problems and complaints about care, placement, and services related to children and youth in foster care. Finally, under WIC section 827, only certain individuals and agencies have access to confidential child welfare records and information. Any locally established oversight board and/or Inspector General are not included in this statute, and therefore would not have legal access to any confidential child welfare information. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 2023-2024 Consolidated Final Report with Responses 279
F5
Page 283
Child Family Team members often dispute the accuracy of "official" meeting notes taken by the attending CPS Social Workers, leading to lack of trust between team members. __ AGREE __ PARTIALLY DISAGREE _x_ DISAGREE Response explanation (required for a response other than Agree): HSD disagrees with this assertion. Child and Family Team (CFT) meetings are facilitated by professional staff who are trained and skilled in using inclusive and strength-based approaches to identify the needs and services to support a child and/or family. The assigned Child Protective Services (CPS) social workers are not the record keepers of CFT meetings, nor are they responsible for official meeting notes. CFT facilitators lead the group discussions and keep the official CFT record. These are not “process notes” nor are they transcriptions of the CFT meetings and are not designed to capture the complete record of what was discussed. At the beginning of each CFT meeting, each team establishes “ground rules” to make sure there is safe, honest, and confidential communications during the CFT process, as well as clearly stated goals and outcomes for each meeting. Each team member has an opportunity to share their perspective, brainstorm options, recommend action steps, and to accept to take on specific tasks and responsibilities. The CFT facilitators are trained in addressing differently challenging situations that may arise, and they will work with everyone involved to resolve issues in the best interests of the child. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 274 Santa Cruz County Civil Grand Jury
Related Recommendations (2)
R4
Page 288
The Grand Jury recommends that the County Board of Supervisors establish a Child Welfare Oversight board and an Inspector General similar to what the 2002-2003 Grand Jury recommended. This could help resolve bias, impropriety and undue influence complaints and will help provide transparency and increase trust in the CPS process. The Grand Jury recommends that the planning for this should start by December 31, 2024, with the board fully implemented six months after the planning is finished. (F4, F5) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: This recommendation will not be implemented because there are currently several oversight provisions in federal and state law for the administration of child welfare. As required under the Welfare and Institutions Code, all open child welfare cases are supervised by a Juvenile Court Judge, who receives a substantive report from FCS with updates on open child welfare cases and the families involved in open child welfare cases, at least every 6 months. At these hearings, both parents and children are appointed their own counsel who represent their interests. Resource families are also given notice of the hearings and provided the opportunity to be heard both in person and through the Caregiver Information Form (JV-290). Moreover, child welfare agencies must adhere with significant reporting requirements to CDSS and the federal government, which carefully review and audit County child welfare programs and operations on a regular basis. The State has also already established the Office of the Foster Care Ombudsperson, which is a neutral and independent office to help solve problems and complaints about care, placement, and services related to children and youth in foster care. Finally, under WIC section 827, only certain individuals and agencies have access to confidential child welfare records and information. Any locally established oversight board and/or Inspector General are not included in this statute, and therefore would not have legal access to any confidential child welfare information. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 2023-2024 Consolidated Final Report with Responses 279
R5
Page 289
The Grand Jury recommends that the CPS department begin to record the Child Family Team meetings by the end of December 31, 2024. (F5) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: This recommendation will not be implemented, as doing so would constitute a violation of several laws. Under California WIC sections 10850 and 827, and Calif. Rule of Court 5.530, all child welfare proceedings, records, and information are confidential and only accessible to certain persons and entities. Although resource parents are entitled to attend and participate in hearings and meetings, they do not have full access to all child welfare records or information. CFT meetings are confidential meetings protected under these laws. Additionally, under Calif. Penal Code 632, recording a confidential proceeding or meeting is a criminal violation. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 280 Santa Cruz County Civil Grand Jury [This page intentionally left blank.] [Return to Table of Contents] 2023-2024 Consolidated Final Report with Responses 281 Victims of the CZU Wildfire – Four Years Later The Flame Still Burns “And the flame still burns From a glimmer back then it lights up again in my life" Mick Jones
F6
Page 284
The lack of data makes it difficult to determine whether bias is present either to Resource Families or Birth Families to the detriment of the child. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): HSD disagrees with this assertion, as it is unclear what data is believed to be definitive in determining whether bias is present to either Resource Families or to Birth Families to the detriment of any child. There are many complicating factors related to a child’s experience in foster care and a child’s return to their home of origin. Child welfare is charged with being a safety net for the most vulnerable populations and to consider the best interest of each individual child while doing so. The HSD FCS Division always strives to put the best interest of the child at the forefront of its social work practice. Additionally, as outlined in California Welfare and Institutions Code (WIC) section 202 et seq., the child welfare system is legally mandated with three clearly outlined goals: 1) Provide for the protection, safety, physical and emotional well-being of children who have been or are at-risk of abuse, neglect, or abandonment; 2) Preserve and strengthen a child’s families ties whenever possible. A court may only order the removal of a child from the custody of a parent when necessary for the safety and welfare of the child. If a child is removed, a juvenile court must order family reunification as the primary objective followed by family maintenance. 3) Provide a stable, permanent home for children in a timely manner. Foster care is intended to be temporary care, and a Resource Family home serves as a “concurrent plan” in the event that the juvenile court makes a legal determination that a parent is legally unable or unwilling to reunify with their child during the allotted time period. Making a “Bypass” recommendation to the Juvenile Court is an extremely serious and complex legal position akin to a “Third Strike” in the criminal realm. It requires the child welfare agency to present specific facts and circumstances during a contested trial to meet the higher “clear and convincing” standard that reunification is not in the child’s best interest. Each child and each parent are represented by an attorney during these proceedings, and only a Juvenile Court judge can make this final Bypass determination. Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 2023-2024 Consolidated Final Report with Responses 275
Related Recommendations (1)
R2
Page 286
The Grand Jury recommends that CPS publish outcome based metrics, such as number of children moved to Resource Families, number of Resource Families available in the County, number of successful and failed reunifications, and identify success metrics for children under care, on an annual basis on their website to improve transparency by December 31, 2024. (F2, F3, F6) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: This recommendation will not be implemented because much of the suggested metrics are already publicly available on the UC Berkeley CCWIP website, including reunification rates, re-entry rates (failed reunifications), and the types of placements youth in care are experiencing (i.e. Short-Term Residential Therapeutic Program or STRTPs, RFA homes, etc). Required Response from the Santa Cruz County Board of Supervisors Report on Child Protective Services Due by September 16, 2024 2023-2024 Consolidated Final Report with Responses 277