Madera County Grand Jury • 2017-2018 • Agency Response

Administrative Office County Administrative Officer Received*

Published: June 13, 2017 5 pages
Ver PDF original

Findings and Recommendations 17 findings

F1
The Chief Deputy Public Guardian oversees the operation of the office and shares casework with the Deputy Public Guardian. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R1
That the Madera County Public Guardian remain under the management of the Department of Social Services. Response The recommendation has been implemented. There are currently no plans to change the management structure of the Public Guardian.
F2
The Program Assistant functions as "representative payee"; most client referrals come from the Social Security Administration. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1). COUNTY www.madco311.com www.madera-county.com
Related Recommendations (1)
R2
That the Madera County Board of Supervisors fund the current unfunded permanent position in the 2017-18 budget to add another Deputy Public Guardian to handle casework. Response The recommendation requires further analysis. Requests for increased staffing will be considered in conjunction with the development of the 2017-18 budget.
F3
The clerical position included in the Behavioral Health budget has not been posted for hiring as of February 6, 2017. Until the hiring process is completed, the Public Guardian employs a temporary extra-help person. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R3
That Human Resources complete the recruitment process to fill the clerical position funded by Behavioral Health in the 2016-17 budget. Response The recommendation has been implemented. The Human Resources/Operations Division received a requisition to permanently fill the Office Assistant II position on Friday, April 28, 2017. The requisition was approved and assigned on Tuesday, May 2, 2017. The appointing authority will receive names for hiring consideration by Friday, May 5, 2017.
F4
٠ Being under the management of Social Services allows the Public Guardian to tap into additional resources. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R4
That the Public Guardian review the Policy Procedure Manual by the end of this 2016-17 fiscal year and update as needed. Response The recommendation has not yet been implemented, but will be implemented in the future. The Department assigned an Administrative Analyst II, as of March 2017, who will be updating Public Guardian policies as needed. This will be an ongoing process, and not likely completed by 2017-17 fiscal year.
F5
Public Guardian caseworkers are in compliance with certification requirements as mandated by the continuing education statute. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
Related Recommendations (1)
R5
That the Public Guardian review the fee schedule for services by the end of this 2016-17 fiscal year and update as needed. . Response The recommendation has not yet been implemented, but will be implemented in the future. Under separate cover, the Director of Social Services has responded to this finding and stated: "The Department agrees to begin updating the fee schedule in Fiscal Year 2017-18. This task has previously taken the Department twelve months due to the fact that there are many factors to be considered." The Board acknowledges the Grand Jury's review and time involved in this matter, and appreciates the opportunity to respond to the findings and recommendations. Sincerely, Mayethery Max Rodriguez Chairman of the Board of Supervisors . .
F6
As Public Administrator, the Public Guardian manages the estates of intestate county residents under the supervision of the Superior Court, performs heir searches, marshals assets, and oversees the distribution of the estate. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F7
Caseworkers diligently search for family or others qualified and willing to manage affairs of those who are unable to do so. The Public Guardian is the agency of last resort for yulnerable county residents. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F8
Upon the completion of a thorough investigation by the Public Guardian, a hearing is set in Superior Court. With the assistance of County Counsel attorneys, the Public Guardian prepares the legal paperwork that starts the conservatorship process in court. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1). - .
No recommendations for this finding
F9
If a judge finds a person unable to properly care for themselves and/or their finances, and there is no able person to assist, the Public Guardian is appointed as conservator. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F10
Client fees collected for services are held in a trust account. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F11
A regular accounting of clients' funds is made to the court. An independent auditor audits the office annually and Social Security audits beneficiaries' accounts. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F12
Most of the Public Guardian clients are poor with negligible estates. Many have dementia, are elderly and frail, reside in nursing homes and have no family. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F13
The number of cases managed by the Public Guardian increased 8% in the first six months of this fiscal year. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F14
The Public Guardian caseload is increasing and will likely continue to increase. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F15
The framework for Public Guardian policy is the California Probate Code and the Welfare and Institutions Code. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F16
The Public Guardian Policy and Procedure Manual is out of date. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding
F17
Office procedures for performing tasks change often. Updating written procedures is time consuming and a drain on resources. Hands-on training takes place as soon as a procedure changes. Response Respondent agrees with the finding per California Penal Code 933.05 (a) (1).
No recommendations for this finding

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.