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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.

Calaveras County Grand Jury • 2010-2011

Report on the Calaveras County Management Report for

Published: March 31, 2010 61 pages
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Findings 10 findings

F1 Page 55
The Grand Jury finds that Substance Abuse Program employees are governed by both the Code of Federal Regulations and HIPAA regarding the release of information and confidentiality. Both of these statutes impose stringent limitations on what types of information can be shared between agencies, with families, other professionals, or the public. Behavioral Health Services has an extensive application packet and protocols that are discussed and signed by each new participant. Orientation includes information on confidentiality, program rules, treatment expectations, release of information, and the process for filing a complaint. The policies and procedures utilized by this agency appear to be sufficient to protect client confidentiality. The Grand Jury finds that Child Protective Services employees are required to investigate allegations of child abuse or neglect. As part of these investigations they may need to interview the children, neighbors, law enforcement personnel, health practitioners, teachers, and other interested parties. In their efforts to ascertain facts, ensure the safety and wellbeing of children, and to make effective referrals, they must deal with personal and delicate subjects on parenting, alcohol and drug use, as well as potential physical and mental abuse of the children involved. They also have an obligation to communicate investigation results to those alleging abuse as mandated reporters. Parents subject to investigation sign a Universal Release of Information form. The CPS staff interviewed appeared to be very professional and demonstrated a good understanding of confidentiality and the release of information during an investigation. CPS is developing a consumer brochure for the initial family visit to explain the process.
F2 Page 55
The Grand Jury finds no evidence of partiality or inconsistency in either program and both agencies have specific prohibitions against discrimination of all types. The Substance Abuse Program has specific treatment protocol but admits that curriculum is designed to be flexible and can be tailored to meet individual needs. The written program rules and expectations include language to promote positive results, respect between staff and participants, and allow some flexibility for missed meetings, poor test outcomes, and other issues. Since CPS is generally an investigative body, there is no presumption of confidentiality. 55
F3 Page 56
The Grand Jury finds that SAP staff willingly and promptly provided copies of the program policies and procedures when requested. In addition, as part of the intake process and orientation, all program participants review and acknowledge with their signature an understanding of the Rules of the Program, the Complaint Policy and Procedure, and Client Rights.
F4 Page 59
Some counseling and support services are being extended to Calaveras County from the VA Clinic in Sonora. Clinic staff oversees a Post Traumatic Stress Disorder (PTSD) group three times per week in San Andreas, West Point, and Valley Springs.
F5 Page 59
Many of the issues associated with community outreach are hampered by the limited funding for this program. Cal Works has applied for a three-year grant to fund an additional full-time Veterans Services employee. At the time of the interview it was unclear what activities the new employee would undertake.
F6 Page 87
Many areas within the County are undergoing a lengthy planning process to update the County‘s General Plan. The LAFCO will have a significant say in whether a community‘s plans can move forward. The Grand Jury asks whether providing insight to these communities in advance of or concurrent with local residents making significant plans is not wiser than waiting for local planning to be rejected or significantly delayed during the LAFCO application stage. It is possible local planning recommendations cannot be implemented under current or projected service area capabilities and boundaries approved by the LAFCO.
F7 Page 107
Board members reported having obtained bids for services such as paving through a word- of-mouth method that included only select providers rather than through a broader, more formal process with public notices. RESPONSE FROM WCSD BOARD OF DIRECTORS The WCSD Board of Directors responded, ―It is the intent of the current Board to utilize the services of the Calaveras County Water District to search for, and when required, produce request for bids or proposals. As part of this process the WCSD issued a RFP for Audit Services obtaining 5 responses to provide these services. After reviewing the responses the Board selected the audit firm that seemed the most appropriate in terms of District needs.‖
F8 Page 107
Recently an expansion of Wallace Lake Estates was proposed by a developer who had purchased property and plans from the entity responsible for the original development. The new owner had requested that the District honor the costs and rates agreed upon with the prior developer. Questions arose whether an apparently favorable response to the new developer‘s proposal was communicated by a Board member prior to the proposal being discussed in open session. A problem with actual approval of the prior expansion plan later surfaced.
F9 Page 108
Related to Finding 8, it was discovered the previous expansion application process had not been completed through Local Area Formation Commission (LAFCO). In its 2004 services review, LAFCO had advised WCSD to prepare a capital improvement plan, to perform an analysis of its rate structure, and to consider exploring sources of surface water to provide a long-term reliable water supply to the area. WCSD has acted upon all of these
F10 Page 108
During the meetings, corrections to WCSD bookkeeping and balances were regularly pointed out by audience members. Inter-fund loans and transfer matters were presented for vote without clear or accurate information relative to terms or status of either fund. A confusing discussion was held regarding compensation for the General Manager and the individual under whose State certification the General Manager would be working. It is uncertain whether accurate documentation detailing the outcome was ever prepared for the record following Board discussion of the topic.

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