dallas county juvenile boa · dallas county juvenile boa monday, october ... judge gracie lewis...
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DALLAS COUNTY JUVENILE BOA Monday, October 26,2009
5:00 p.m. 305 '~ District Court Master / Referee Courtroom, Rm. A332, 3rd Floor
Henry Wade Juvenile Justice Center, 2600 Lone Star Dr., Dallas, TX 75212
I. Call to Order
11. Approval of Minutes
111. Public Comment (Limited to 3 minutes per individual or organization)*
IV. Discussion Items - Juvenile Department A. Director's Report
V. Action Items - Juvenile Department B. Policy Approvals
1. Records Retention 2. Abuse, Neglect, & Exploitation
C. JJAEP FY 20 10 Budget Adjustment D. Residential Services Rate Structure Revision E. Novation Agreement for Residential Services F. Ratification of Audit Letter of Engagement for TJPC Audit
VI. Discussion Items - Charter School G. Charter School Update
VII. Action Items - Charter School H. Ratification of Audit Letter of Engagement for TEA Audit I. Budget Amendment #3-Title 11, Part D ARRA funds
VIII. Executive Session - Juvenile Department For Purposes Permitted by Chapter 55 1, Open Meetings, Texas Government Code, Section 5 5 1.07 1 through Section 55 1.076 Subjects: - Litigation
- Personnel - Security
Notes: * Itzdividuals Wishing to Speak during the Public Coinment Period must register With the Director's OfJice
(214/698-2224) By 4:OOp.m. on the Business Day Prior to the Date of the Board Meeting.
Agenda Items are assigned numerically and alphabetically for ease of reference ot~ly, aizd do tzot tz ecessarily Reflect the order of their consideratiott by the Board
Chairman Dallas County Juvenile Board
AGENDA
MINUTES OF MEETING DALLAS COUNW JUVENILE BOARD
MEMBERS PRESENT:
MEMBERS ABSENT:
DATE: TIME:
PLACE:
September 28,2809 5:00 pm
30sTH District Court MasterlReferee Courtroom, Room A332, 3rd FI. Henry Wade Juvenile Justice Center 2600 Lone Star Drive Dallas, Texas 7521 2
Judge Cheryl Lee-Shannon, Chairman Judge William Mazur Judge Gracie Lewis Judge Lori Hockett Vivian Lawrence, VSAB Chairperson
Commissioner John Wiley Price, Vice-Chairman County Judge Jim Foster Judge Robert Burns Judge Lorraine Waggio
The Dallas Coi~nty Juvenile Board met for its regularly scheduled Meeting on September 28, 2009, at the Henry Wade Juvenile Justice Center. Judge Cheryl Lee-Shannon, Juvenile Board Chairman, called the Meeting to order at 5:01 pm noting that a quorum was not present, but asked Mr. Griffiths to present only the discussion items on the Agenda while specifying that no action items would be considered until and unless a quorum of Board Members was present. Judge Cheryl Lee-Shannon noted that there were no speakers signed up for Public Comment.
Mr. Griffiths announced that the Juvenile Department was once again the recipient of a Dallas Mavericks Grant, which will provide for renovation of the gym for the Detention Center. Mr. Griffiths expressed the excitement of the Juvenile Department about this endeavor.
Next, Mr. Griffiths discussed that the Legislative Budget Board (LBB) would be visiting the Juvenile Department during the week of October 12-16, 2009. Mr. Griffiths reminded Board Members that the LBB was here on a visit a year ago and subsequently decided to return to the Juvenile Department to do an analysis of the availability of behavioral health services in juvenile justice. Mr. Griffiths added that the LBB will also be reviewing those services that were provided to youth certified to stand trial as an adult.
Mr. Griffiths then indicated that the Juvenile Department currently has a number of unfilled beds in the residential programs operated by the Department. Mr. Griffiths asserted that in response to the unfilled beds consideration was being given to contracting with other Juvenile Departments, especially Tarrant County, to meet their treatment needs, but cautioned that no formal action will be taken in this regard until and unless approved by the Juvenile Board.
Judge Cheryl Lee-Shannon voiced her hesitation with the approval of such a plan without having detailed information regarding how the Juvenile Department was going to be impacted by the requirements as set forth by the Texas Juvenile Probation Commission (TJPC) under the auspices of TYC commitment reduction plan (Grant C). Judge Cheryl Lee-Shannon requested information related to the Juvenile Department's capacity to meet the needs of the youth under supervision. Judge William Mazur added that his preference is take a cautious stance and to wait and evaluate
2600 Lsgae Star Drive, Box 5 Dallas, TX 75212 (214) 698-2200
Juvenile Board Minutes of 09.26.09 Met ing Page 2
circumstances.
Desiree' Kilcrease-Fleming, Ph.D., Deputy Director of Administrative 23 Educational Services, added that the Juvenile Department may be assisted by the new Post-Adjudication secure rate structure that will go into effect in January, 2010. Dr. Kilcrease-Fleming specified that post-adjudication facilities will be eligible for a third level of care, Intensive Level, and will be able to recoup additional funding for services provided to youth requiring this level of care. It was noted that reimbursement at this higher level of care rate would result in additional revenue.
Mr. Griffiths then reported that the Juvenile Department held its annual "Back to School Night" on August 20, 2009. Mr. Griffiths reported that all participants received a backpack with supplies and were motivated by speeches from various community leaders, who emphasized the importance of school attendance and academic excellence.
Mr. Griffiths added that on September 10, 2009, the Dallas County Juvenile Charter School hosted a Teen Involvement Summit at David W. Carter High School. Mr. Griffiths also reported that on September 12, 2009, the Juvenile Department participated in the S.T.O.P. Juvenile Forum sponsored by the Dallas NAACP Youth Council, which featured an informative dialogue on the juvenile justice system and prevention programs.
According to Mr. Griffiths, the PREP (Patience, Responsibility, Empathy and Partnership) Program, which is an animal-assisted therapy program at the Youth Village, celebrated its first graduation class with six residents and their dogs participating in the event. Mr. Griffiths shared that two of the four dogs were already adopted.
Mr. Griffiths announced the promotion of Probation Officer, Cinderella Murray, to Assistant Supervisor in the Sex OffenderlSpecial Needs Unit.
Mr. Griffiths reported that the Dallas County Juvenile Justice Alternative Education Program (JJAEP) has been experiencing some significant budget challenges due to lower enrollments. Mr. Griffiths reported that Dr. Kilcrease-Fleming and staff have been working on solutions to balance the projected revenues and expenditures of the JJAEP budget. Mr. Griffiths specified that a detailed plan would be presented during the October Juvenile Board Meeting for approval. Mr. Griffiths shared that less youth were being referred to the JJAEP by the respective districts, as the Independent School Districts have similar budget challenges as does Dallas County. Nevertheless, Mr. Griffiths denoted that the challenges have been identified early in the year, as opposed to later in the year.
Mr. Griffiths detailed that a Child Psychiatrist has been hired by Parkland Health and Hospital Systems. According to Mr. Griffiths, Dr. Mohammad Sarfaraz Ali Kan is from Minnesota, but had training at the University of Texas Southwestern Medical Center. Mr. Griffiths added that the child psychiatrist previously met with John Pita, Ph.D., Chief Psychologist, Dallas County Juvenile Department, to see the work area and to interface with staff.
Finally, Mr. Griffiths shared that Ms. Sheryl Eagleton, Superintendent of the Letot Center, presented the program concept, levels of care, and statistical data to support building a Residential Treatment Facility for females to the Letot Capital Foundation Board. Mr. Griffiths reminded Board Members that the County had purchased the land and that the Letot Capital Foundation may want to meet with members of the Commissioners Court to strategize on ways to fund the project.
Judge Cheryl Lee-Shannon noted that a quorum was achieved at 5:15 p.m. and then presented the Minutes from the August 24, 2009, Meeting for approval.
Juvenile Board Minutes of 09.26.09 Meef"ing Page 3
3 A Motion was made by Judge William Mazur and Seconded by Judge Gracie Lewis to approve the Minutes of the August 24, 2009, Juvenile Board Meeting. The Motion was unanimously approved.
Judge Cheryl Lee-Shannon then asked Mr. Griffiths to present those Agenda items requiring Board action. Mr. Griffiths then sought Juvenile Board adoption of the written Policies and Procedures for the Detention Center and the Lyle B. Medlock Residential Treatment Center, as mandated by the Texas Juvenile Probation Commission standards. Mr. Griffiths reported that there were no new policies in the Policy and Procedures Manual since its approval by the Juvenile Board in September, 2008. However, Mr. Griffiths shared that procedural changes were approved by the Juvenile Board in July, 2009, to amend the strip search procedures to meet Texas Juvenile Probation Commission revised standards.
3 A Motion was made by Judge William Mazur and Seconded by Ms. Vivian Lawrence that the Dallas County Juvenile Board approve the 2009 Juvenile Detention Center and Lyle B. Medlock Residential Treatment Center Policies and Procedures and that the Director of Juvenile Services or designee be authorized to modify any policy and procedure as needed, pending approval by the Juvenile Board at the next regularly scheduled Meeting. The Motion was unanimously approved.
Next, Mr. Griffiths requested annual Juvenile Board's approval of the allocation of $5,000 from the Juror Funds to the Juvenile Department to defray the costs of GED preparation and testing of youth served by the Juvenile Department. According to Mr. Griffiths, the negotiated rate for GED testing is $65 per test and $20 per re-test. Discussion followed to clarify that the approval being sought included GED testing and re-testing, and that the number of test funded by this request would vary depending on the on the number of youth who needing to take the GED test and/or re-tests.
P A Motion was made by Judge William Mazur and Seconded by Ms. Vivian Lawrence that the Dallas County Juvenile Board approve the Juvenile Department's and the Youth Services Advisory Board's request for $5,000 to fund GED preparation and testing for youth served by Dallas County Juvenile Department. The Motion was unanimously approved.
Mr. Griffiths then recommended that the Dallas County Juvenile Board approve Amendment Number One to the 2010-201 1 Biennium State Financial Assistance Contract with the Texas Juvenile Probation Commission and authorize the Chairman of the Juvenile Board to execute on its behalf Amendment Number One. Mr. Griffiths also requested that the Juvenile Board authorize the submission of a Quality Assurance Administrator position to the Dallas County Human Resources Department for evaluation of pay grade and classification and that the position be filled as soon as approved by the Dallas County Human Resources Department. Mr. Griffiths shared that the new Commitment Reduction Program Grant is for $2,299,500 with the maximum funding not exceeding the per diem rate of $140 per juvenile diverted from the Texas Youth Commission (TYC) or $51,000 annually. Mr. Griffiths indicated that the acceptance of these funds requires that the Dallas County Juvenile Department agree to reduce baseline TYC commitments by 45 youth, leaving the Juvenile Department with a cap of 162 youth.
Mr. Griffiths detailed that to date five youth had been committed to the Texas Youth Commission for the month of September with ten youth pending court with six of those having a secondary order to seek placement matches. Staff noted that only three of these ten youth recommended for TYC commitment were scheduled for disposition hearings before the end of the month. Mr. Griffiths asserted his confidence in complying with the target commitment cap. With the additional information provided Judge William Mazur reported being satisfied with the data shared.
Juvenile Board Minutes of 09.26.09 Meeting Page 4
Judge Cheryl Lee-Shannon questioned if the Juvenile Department had previously been asked to provide data on the number of youth committed to the Texas Youth Commission. Mr. Griffiths responded that the Juvenile Department is poised to provide such information, as Pernilla Johansson, Ph.D., Manager of Statistics and Research, analyzes this data on a weekly basis.
> A Motion was made by Judge William Mazur and Seconded by Judge Lori Hockett that the Juvenile Board of Dallas County approve Amendment Number One to the 2010-201 1 Biennium State Financial Assistance Contract with the Texas Juvenile Probation Commission and authorizes the Chairman of the Juvenile Board to execute on its behalf Amendment Number One to the 2010- 201 1 Biennium State Financial Assistance Contract, and to authorize the submission of the above noted position and job description to the Dallas County Human Resources Department for evaluation of pay grade and classification with a recommendation that the position be filled as soon as approved by the Dallas County. The Motion was unanimously approved.
Mr. Griffiths then invited Juvenile Board members to an event to be held on Thursday, October 1, 2009, beginning at 11:30 am whereby staff will provide detailed information about the expansion programs that were created associated with the funding from Grant C, TYC Commitment Reduction Program. Mr. Griffiths stated that the luncheon's intended audience will be staff, district attorneys, and defense attorneys while adding that the .program has been approved for the provision of continuing legal education credits.
Next, Mr. Griffiths recommended that the Dallas County Juvenile Board review and ratify the Juvenile Board Resolution, Exhibit "M", for Amendment Number Twelve to the 2008-2009 Biennium State Financial Assistance Contract with the Texas Juvenile Probation Commission. As a result of this amendment, Mr. Griffiths shared that TJPC is awarding Dallas County Juvenile Department an additional $74,565 for FY2009. According to Mr. Griffiths, the initial funding awarded to the Juvenile Department under Grant H was $1,575,320.00 with additional funding of $74,565 under Grant H bringing the total funding to $1,649,885.00.
> A Motion was made by Judge William Mazur and Seconded by Judge Lori Hockett that the Juvenile Board of Dallas County adopts the Resolution to Amendment Number Twelve of the State Financial Assistance Contract for the 2008-2009 Biennium with the Texas Juvenile Probation Commission. The Motion was unanimously approved.
Next, Mr. Griffiths sought authorization to participate by serving as a data collection site for a groundbreaking research study of the presence of five prototypic subtypes of adolescent male sex offenders. Mr. Griffiths shared that the Juvenile Department was seeking permission to allow John Hunter, Ph.D., a leading researcher in the field of juvenile sex offenders to collect data on youth that are currently enrolled in outpatient sex offender treatment in the STARS Program and those in residential treatment in the STARS Program at Medlock. Mr. Griffiths denoted that the study was being conducted under the oversight of the University of Virginia Social Sciences Institutional Review Board (IRB).
According to Mr. Griffiths, participation of the youth will be voluntarily, require the parent's assent, and participants will be paid $25 each. He stated that staff will complete ratings of the youth's adjustment and treatment response and therapists and probation officers will receive $25 for each completed set of ratings with the ratings being completed outside of County work hours. Mr. Griffiths detailed that the collection of the research, if approved, would begin on October 1, 2009, and continue until November 30, 2009. After data completion, per Mr. Griffiths, Dr. Hunter will return and train staff on
Juvenile Board Minutes of 09.26.09 Meeting Page 5
survey results and its implications for inpatient and outpatient treatment. Allison Krauth, Ph.D., Psychologist and Coordinator for the Sex Offender Treatment Program for the Juvenile Department, added that Dr. Hunter is serving in a consultant capacity to the Psychology Division.
Judge Gracie Lewis asked questions related to the number of surveys that youthlfamilies would be required to complete. Dr. Krauth responded that sixteen surveys would be completed. Judge Cheryl Lee-Shannon asked if any other Juvenile Department jurisdictions were participating in the research study to which Dr. Krauth replied that the current request is the last phase of the data collection for the study. Ms. Vivian Lawrence requested information regarding what other jurisdictions had served as a data collection site and Dr. Krauth indicated that this information would be furnished.
Furthermore, Judge Cheryl Lee-Shannon questioned if there were any anticipated negative implications associated with granting permission for youthlfamilies to participate in the study. Dr. Krauth denied this and emphasized how participation would allow staff to make better decisions related to typology and understanding youth, which would ultimately lead to better treatment decisions being made. Judge Cheryl Lee-Shannon also asked if the $25 honorarium was standard operating procedure to which Dr. Krauth responded in the affirmative.
3 A Motion was made by Judge William Mazur and Seconded by Judge Lori Hockett to approve the Juvenile Department's request to serve as a research site for an NlMH funded study on juvenile sex offender typologies. The Motion was unanimously approved.
Judge Cheryl Lee-Shannon said that there were no more Juvenile Department action items and called for a Motion to recess from the Juvenile Board Session and convene the Juvenile Justice Charter School Board Session.
> A Motion was made by Judge William Mazur and Seconded by Ms. Vivian Lawrence to recess the Meeting of the Dallas County Juvenile Board. The Motion was unanimously approved.
> A Motion was made by Judge Gracie Lewis and Seconded by Judge William Mazur to convene the Meeting of the Dallas County Juvenile Justice Charter School Board. The Motion was unanimously approved.
Mr. Griffiths reported that the Charter School like the Juvenile Justice Alternative Education Program was experiencing some challenging fiscal issues. According to Mr. Griffiths, the budget challenges may result in a Reduction in Force; however, care would be taken to ensure that the standards and requirements of the Texas Education Agency and the Texas Juvenile Probation Commission were maintained.
Mr. Griffiths added that for the second month in a row the Charter School has received positive information from the Texas Education Agency regarding the Charter School's performance measures and accountability.
Mr. Griffiths then proceeded to present the action items on the Agenda. Mr. Griffiths recommended that the previously approved Residential Tracker monies in the amount of $4,280 be disbursed as follows: each of the Data Clerks, Dana Gomez and Tabitha Smith, being allocated a stipend in the amount of $800; the Public Education and Information Management System Coordinator and Clerk, Olivia tandin and lliana Garcia, respectively, each being allocated a stipend in the amount of $500; and that the remaining $1,680 be allocated for office supplies and computer hardware associated with the effective operation of the Residential Tracker monitoring system. Mr. Griffiths added that over the preceding three months information had been shared about the Residential Tracker and all of the
Juvenile Board Minutes of 09.26.09 Meeting Page 6
areas of non-compliance with the exception of three or four were corrected.
Relatedly, Mr. Griffiths recommended that the Dallas County Juvenile Justice Charter School Board grant approval for the Dallas County Juvenile Justice Charter School to expend funds for the payment of the services for the Texas Education Agency-appointed conservator, Ms. Marcia Williams. Mr. Griffiths explained that TEA established that the Charter School must utilize funds from the State Aid budget to pay for the cost of services provided by the conservator, and that these costs include an hourly consultation rate of $85 not to exceed $680iday; travel expenses; meals, and lodging.
Judge William Mazur asked if the Charter School was mandated to pay for these services to which Mr. Griffiths responded in the affirmative.
Furthermore, Mr. Griffiths requested authorization to apply and accept, if granted, the State Fiscal Stabilization Fund (SFSF), indicating they will be used to fund the legislatively mandated educator salary increases (HE3 3646) in the amount of $80 monthly or a total of $800 per eligible employee. According to Mr. Griffiths, the amount of the SFSF is $123,532. Mr. Griffiths added that the Commissioner of Education determined that the federal funds received by school districts and open- enrollment charter schools under the American Recovery and Reinvestment Act of 2009 (ARRA) may be used for the salary increases required under House Bill 3646 (HB 3646). Thus, Mr. Griffiths stated that approximately 70 educational staff would be designated as eligible employees under HB 3646.
Finally, Mr. Griffiths requested authorization for the Dallas County Juvenile Justice Charter School to apply, and accept, if granted, the SIP and SIP ARRA funds and utilize them to pay for computer hardware and software, other technological equipment, intensive and sustained professional development, instructional materials, and consultative services.
> A Motion was made by Judge William Mazur and Seconded by Judge Gracie Lewis to approve Budget Amendment #2 for the Juvenile Justice Charter School, which grants approval to expend funds for the payment of the services for the Texas Education Agency-appointed conservator, Ms. Marcia Williams; authorizes, accepts, and approves the presented plan for the utilization of the Residential Tracker monitoring system funds in the amount of $4,280 as recommended; grants authorization to apply, and accept, if granted, the State Fiscal Stabilization Fund (SFSF), which will be used to fund the legislatively mandated educator salary increases (HB 3646) in the amount of $80 monthly or a total of $800 per eligible employee, and that any residual monies be dedicated to the operational expenses of the Charter School; grants authorization for the Dallas County Juvenile Justice Charter School to apply, and accept, if granted, the SIP and SIP ARRA funds and utilize them to pay for computer hardware, other technological equipment, intensive and sustained professional development, and consultative services, and other needs as identified in the District School Improvement Plan and District Needs Assessment; and sanctions appropriate Charter School staff, including the Chairman of the Juvenile Justice Charter School Board, to be authorized to sign any related documents, if needed. The Motion was unanimously approved. The motion was unanimously approved.
Judge Shannon asked if there was any other business for the Juvenile Justice Charter School Board to consider, and hearing that there was none, adjourned the Meeting at 334 pm following a Motion made by Judge William Mazur and Seconded by Ms. Vivian Lawrence to recess from the Dallas County Juvenile Justice Charter School Board and the Juvenile Board Sessions. The Motion was unanimously approved.
AGENDA TEM
DIRECTOR'S REPORT October 26,2009
Project Rock On has proved to be a successful partnership between Aichiand College and the Dallas County Juvenile Department. Currently, 22 students are enrolled in higher education preparation classes that focus on g~ving students a glimpse of the rigors of college academic work. The number of students participating in the program is split evenly between the Medlock and Youth Village campuses, On October 26,2009, Richland College will begin offering academic enrichment courses to the students at JJAEP.
On October 10, 2009, Award-winning actor and author Hill Harper spoke to the students in the detention center. Through his inspirational message, Mr. Harper dispelled the stereotypical image of success that young people receive today and instead emphasizes alternative views of what it truly means to be a successful citizen, such as educational and community achievements and self-respect. Through the assistance of our community partners we are looking to provide our students with copies of Mr. Harper's books to help inspire them as they transition into adulthood.
Dallas Mavericks Foundation Grant & Partnership
Several months ago, the Dallas County Juvenile Justice Charter School applied for and was awarded a grant from the Dallas Mavericks Foundation to refurbish its gym at the Lone Star campus. The new gym will include a new portable snap-court floor, wall pads, basketball goals and will be in compliance with NCAA standards. The ribbon- cutting dedication ceremony will be announced by The Mavericks Foundation prior to the NBA All-Star game. A big thank you goes out to Matt Miller of the Dallas Mavericks for facilitating this donation.
PROBATION SERVICES Pre-Adiudication Services:
Reggie Dupard recently joined the Placement Services staff. He came from the Juvenile Justice Alternative Program (JJAEP), where he worked 2 '/2 years as a Behavioral Intervention Specialist. Mr. Dupard has worked for the Department for the past 8 years in various positions + A memorial ceremony was held on October 1 2 ' ~ 2009 to recognize Mr. Raymond Hernandez. Mr. Hernandez last worked as an Intake Probation Officer and passed away August 8th,2008. A commemorative plaque was placed "in memoriam" on the wall in the administrative wing of the Department O Staff from the State Legislative Budget Board (LBB) recently visited the Department. They were here to observe our processes and interview caregivers and staff. + The Drug Court staff is in the process of reviewing and evaluating the current case management system used to monitor and supervise youth in the program. An emphasis will be placed on heightened case contact accountability and expanded community outreach referrals for the youth and families who are served.
FIELD SERVICES - CY 2009 I I I
SEPT. VTD
Probation Caseload
I Review Hearings 1 235 1 1953 1 New Probationers
1 Delinquent Conduct 1 24 1 212 1
2054
I Technical Violations 1 50 / 616 1
2013 *
280
I Total Caseload 1 2963 I - I
2234
" average
Post-Adjudication Field Services:
Ms. Virginia Talkington, Field District 2 Supervisor, will be retiring from the Juvenile Department after thirty one (31) years of service to the County. Her retirement is effective the 3oth of October. She has served the department in many capacities and her commitment to the youth and family has always been the driving force in her tenure with this agency.
DIRECTOR'S REPORT October 26, 2009
Page 2
CSR Update:
The Juvenile Department's designated Community Service Coordinator, Bob Baumeister, attended the annual Texas Community Service Association (TCSA) conference last month in Tyler, Texas. The TCSA provided valuable insight, education, legislative updates, and training for CSR officers across the State. Mr. Baumeister had the opportunity to network with other coordinators across the State and gain valuable material that could enhance the Dallas County program + The Treasured Friends Adoption Center CSR projects started this past month and the youth provided valuable assistance to the Center through the completion of work hours + There is an Oktoberfest event scheduled for the 24'h of ~ c t o b e r at the Greater Ideal Baptist Church in Dallas. In addition, our CSR crews will assist with graffiti abatement with the Neighborhood Service Council also on the 24'" The Grovefest project in Pleasant Grove is currently in the planning stages and scheduled tentatively for the 31'' of October.
ADMINISTRATIVE AND EDUCATIONAL SERVICES DIVISION
DALLAS COUNTY JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM 2009-2010 School Year
The month of September began with 245 students and ended with 244 students enrolled to attend the Dallas County's JJAEP. On average, there were 192 or 81.80% of the students attending on any given day in September. Of the 244 students enrolled at month end, there were 153 discretionary referrals; 0 placement; and 91 mandatory referrals.
Program & Activity Update
1. The JJAEP would like to thank the Essilor foundation for screeninglexaminations and for providing eye glasses to over 25% of the JJAEP student population. Many of our students1 parents cannot afford the cost of glasses and or exams and according to several parents; "the gift from Essilor was a true insurance blessing".
2. Reading Improvement Update - Last year the JJAEP piloted a new reading improvement program. Over 25 students, or 12% of the student population received testing for reading difficulty. These students gained at least 1.5 years in reading. This year the reading program is in full swing with 32 students, or 16O/0 of the student population receiving best practice reading improvement.
3. With cut backs in education, the fourteen public school districts have begun to refer fewer students to the program. However, this has not stemmed the tied of student truancy. This semester, the JJAEP has launched a new initiative and attendanceltruancy action plan that will ensure all referred students are attending school in accordance with TEC school compulsory laws. The new initiative provides attendance information to parents/students, seeks out truant students and finds a way to get them back to school and on track. Thanks to the Dallas County Juvenile Department Probation Officers for their help with this initiative.
4. Instead of an "Open House" this year, the JJAEP is planning to host in the fall its first "Youth Mental Illness Awareness Symposium". According to a report from the Bazelon Center for Mental Health Law, a national legal advocate for children and adults with mental disabilities; juvenile detention facilities spend an estimated $1 00 million each year to house youth who are waiting for mental health services. The JJAEP juvenile mental illness awareness symposium is designed to provide parents with best practice juvenile mental illness information from professionals as well as resources that can help them with children that battle mental illness. The symposium is tentatively scheduled for December 2009.
PSYCHOLOGICAL SERVICES AND SUBSTANCE ABUSE DIVISION
Psychology staff referred 139 youth for psychiatric services during the month of September and a total of 162 psychiatric consultations were performed, with 109 of those being foliow-up consultations. Of the 53 initial consultations performed: 35 resulted in no medication being prescribed; 7 had already been prescribed psychotropic medications and continued those; 8 already prescribed psychotropic medication had their medication discontinued; and 3 (approximately 6%) were started on medication.
DIRECTOR '5' REPORT October 26,2003
Page 3
INSTITUTIONAL SERVICES DIVISION
MEDICAL SERVICES: DetentionlHill Center: 764 sick calls; 21 scheduled off-campus; I missed off campus referral; 0 emergency transport; 5 residents released prior to appointments; 0 youth detained using cheeselheroin; 2 vacancies (LVN). Essilor Vision Foundation delivered eyewear to I 0 residents from the Hill Transition Center and 59 residents
received eyewear at the Detention Center.
Youth VillagelMedlock: Medlock: 32 residents received medical services on the mobile van and 4 residents had dental appointments). Parkland Medical Bus comes to the campuses each Tuesday to provide basic medical care. Youth Village: 42 residents had various clinic appointments (including diagnostic, podiatry, mobile van, psychiatric, dental, and optometrist).
Letot: 36 residents received medical services (26 health screens; 10 sick calls).
BOARD INITIATIVES: Letot Capital Foundation Board: Superintendent is finalizing the profile for the female RTC project including data from various evidence-based sites.
Youth Village Foundation Board:
Medlock: The Youth Village Foundation Guest Speaker Program sponsored Mr. Erik Leopard, a recruiter for Methodist Charlton Medical Center. Mr. Leopard worked for the YMCA, City of Frisco, and other non-profit organizations in the Dallas area. He discussed developing a career path with emphasis on health care careers. He shared his experiences both personally and also in his career. Mr. Horace Blake, former YVF Board
member facilitated a career development class speaking to youthabout his experience working in FedEx's HR department and talked about job opportunities, job search, interviewing and resume development.
Youth Village: Computer Class: 12 residents enrolled in the class; Dallas Master Gardeners and Horticulture Program is conducting classes for residents with plans underway for fall planting of lettuce, beets, turnips, spinach and other vegetables. he ~ u e i t Speakers Program featured three speakers: Terry Hogg, Executive Director of Hogg Automotive Training Academy discussed opportunities to work in the automobile repair industry. Mr. Hogg is currently a chaplain at Hutchins State Jail where he is a mentor for youth and disabled ex- offenders. Brad Ellis, artist, who lives in Dallas works with oil acrylic, paper and encaustic materials. His work has been displayed at Southwest Airlines, AT&T, Neiman Marcus, Motorola and Southwestern Bell. Antong Lucky of Vision Regenerations spoke to residents about gangs from a street view as he works in the community with young people entrenched in gangs. Nutrition/Culinary Arts Program: 8 residents participate in the program sponsored by the North Texas Food Bank. PREPpro~ram: 6 residents successfully completed the program, which is taught by Canine Dimensions. The graduation ceremony and celebration took place on September 18'" A family who seni a thank you for the amazing training done with the dog adopted one of the dogs. A second class has begun with 8 residents participating.
DETENTION CENTER
New initiatives and Pending Programs: Dallas Challenge has agreed to provide drug education through
COPES (Council on Prevention & Education: Substances) for youth in both the pre and post programs as an after-school program. Groups meet Monday through Thursday, rotating throughout the units.
DIRECTOR 'S REPORT October 26, 2009
Page 4
ANTHEM (Alliance for North Texas Healthy Effective Marriages) completed it series on peer relationship education in September. The fall session is scheduled to begin in mid-October.
Diversion Program: 3 families participated - 0 girls, and 3 boys (I African American, 2 Hispanic, and 0 Anglo); The Diversion hotline received 47 calls during the month of September.
Programs and Resident A ctivity: Dallas County Health and Human Services tested 26 residents
with 0 reported positive reports. Urban League provided HlVlSTD education to 36 residents. Spiritual Enrichment: A-Team; Gospel Lighthouse, Treasure
Out of Darkness, Covenant Church, Children's Home Bible Club, City Church International, New Birth Baptist Church, Love Eternal Ministries, Praise Chapel, New Hope Prison Ministry, Catholic Diocese, Living Hope Outreach; New Comfort COGIC; and Teen Turnaround with Oak Cliff Bible Fellowship.
Life Skill Programs: The Potter's House - Boys to Men with Character and Women with a Purpose; Diocese of Dallas - Learning for Life; Successful Lifestyle Patterns, and Girls Living Life on Purpose; HIVIAIDSISTD Education; COPES - Drug Education; ANTHEM - Peer Relationships.
START: 5 family training sessions held (1 Spanish; 4 English). Other Volunteer Groups: Lend An Ear. Donations: 68 Bibles (Summit Baptist Church donated 25 Bibles specifically for girls; A-Team donated 43 Bibles.
RBC Ministries donated 200 Our Daily Bread booklets.
Full-time Detention,Officers - Verbal de-escalation and Handle with Care; First Aid & CPR; Abuse, Neglect, and Exploitation. Supervisory training: Abuse, Neglect, and Exploitation.
MAWELLE C. HILL TRANSITION CENTER
New Initiatives: s 6 residents participated in the Hispanic Committee's art
contest. o In observance of Hispanic Heritage Month residents discussed
the important contributions made by individuals of Hispanic descent. Collaboration with volunteer Katrina Shackelford underway to provide IO\N impact aerobics class and healthy eating education. Alexander Ray, SMU law student, working with staff on developing her tutoring schedule in all core subjects.
Programs and Resident Activities: .Spiritual Enrichment: Dare to Dream, Friendship West Baptist Church; Trinity Baptist Church, Heritage Baptist Church/New Life Ministries, Bible ClublBible Study; Concord Missionary Baptist Church Boy's to Men; This is My Father's House.
Total Youth Semd
Training: Verbal De-escalation
LETOTCENTER
92
New lnitiatives and Pending Projects: Installation of permanent fencing around the perimeter of Letot Center. Altrusa chose Letot for their "Make A Difference Day" Literacy Award which will be given on October 24'" This award will encompass furnishing of residential honors room, and will provide a TV and DVD player for the non- residential unit. The TVIDVD unit will be used to play parenting tapes for families in the waiting area.
103 353
DIRECTOR 'S REPORT October 26,2009
Page 5
r Superintendent Sheryl Eagleton and Residential Supervisor Cathy Brock provided a tour to the Center for former Congresswoman and current Executive Director of Shared Hope, Linda Smith. Accompanying Ms. Smith were various law enforcement officers who wanted to see how Letot works with runaways and other victims of sexual exploitation.
@ Non-residential psychology clinical services conducted Family Training, Truancy, and Anger Management groups. Residential psychology led groups included 4 boundary groups (discussed conflict issues and respect for others); 5 males19 female process groups (discusses issues on how residents came into the facility and steps to successful stay out of the juvenile system); and 1 runaway prevention group.
Programs and Resident Activities:
I D e f e r r e d P r o s e c u t i o n I i
D P i n t a k e s 1 , 3 0 1 8 1 1 8 4
T r a n s i t i o n a l U n i t
P a p e r R e f e r r a l s
r 'Let's Do Yoga" volunteers conducted yoga classes for residents. Intake Unit and non-residential unit conducted 2 orientation groups for crisis intervention and deferred prosecution residents; 8 youth were processed. Afiya Center conducted HIVIAIDS education classes. Real Options for Women conducted STD Education and Teen Dating Violence classes for residents.
4 3 1 3 8 1 5 1 4
Female inmates from Carswell Federal Prison's 'SHARE' program shared with residents how their poor decision-making and relationships led them to prison and the impact their decision made on their families. Spiritual Enrichment: Don and Kathy Anderson provide weekly Bible Study; St. John Baptist Church provided activities; Full Gospel Church provided music; House of Prayer provided snacks and games; and Rev. Ira Carey conducted non-denomination church services.
I s I
Training: Emergency Evacuation Training; First Aid and CPR; Handle With Care; Why Try Instructor Training for Carla Davis (non-residential unit) and Telesa Blackwell (residential unit).
LYLE B. MEDLOCK
New initiatives and Pending Projects: Pi 32 of the 58 residents enrolled in school made the A-B
honor roll for the first six week grading period &3 The Charter School 'Credit Recovery Program' began for
15 students in the gth through 12'~ grades. B GED pre-screening began and will be conducted
throughout the school year. m President Obama's speech encouraging youth to stay in
school was viewed by residents and was afterwards discussed in History classes.
Programs and Resident Activities: * Spiritual Enrichment: Full Gospel Holy Temple; Lake Pointe Church; Pleasant Valley Baptist Church; Life Quest Essentials. * Other activities: Adopt A Dorm (Rich and Jennifer Shelton of 180 degrees provided snacks).
Training: Abuse, Neglect, and Exploitation.
Med lock Center (MTC4 and MTCS) I
Released
~dminist rat iwl 01 0 $ O~
0
ADP
0 1 0 successful l o
131 18.1E"' 16
o i o i
DIRECTClR 'S REPORT October 26, 2009
Page 6
YOUTH VILLAGE
New lnitia fives and Pending Projects: 13 of the 45 residents enrolled in school made the A-B Honor roll for the first six weeks grading period. President Obama's speech encouraging youth to stay in school was viewed by residents. . Resident E. Perfecto won 1'' place in the Hispanic Committee poster contest for which he will receive a computer,
monitor, keyboard and printer when he is released from Youth Village. 10 youth participated in this contest. Plans underway, in conjunction with charter school staff, for several youth to attend the State Fair of Texas. Collaborating with The Ark Ranch to invite more residents to tour the facility. The program offers vocational
experience and guidance.
Programs and Resident A ctivities: Spiritual Enrichment: Off campus worship services: First Presbyterian Church; New Mt. Zion Baptist Church. On campus 'services: Freedom Fighters Ministry . Patrick Baptist Church e Shady Grove Baptist Church @ Nu Life "D Boy" Outreach e Victory Outreach Ministries e Oak Cliff Bible Fellowship Teen Turnaround e Watermark Bible e New Life Ministry e Ernie Black Countryside Bible Church. Activities: Psychology Groups conducted: Family training; Anger Management, Individual andlor family services. Other groups included Family Place Non-violence Program; Self-Esteem training; and inlout patient drug groups; Project Rock On. Off Campus: 27 students toured Everest College; GED Orientation and testing; Wax Museum. Communitv Service: Campus cleanup; 8 residents worked at the Habitat for Humanity clean-up project.
Training: Gang training facilitated by Andy Caceres of the Dallas Police Division Gang Task Force; JDO Academy; Back to Basics; First Aid and CPR; Strip search policy; Handle With Care (physical & verbal de-escalation).
DIjrCECTOR'S REPORT October 26,2009
DALLAS COUNW JUVENILE DEPARTMENT Referrals During the Month of Sept 2009, by Offense Category
Page 7
All Referral Types Offense Type 2008 Current YTD 2009 YTD 2008 YTD Change
Month 2008
Homicide (F) 8 0 2 5 -60% Attempt. Homicide (F) 0 0 0 0 0% Sexual Assault (F) 192 8 116 145 -20% Robbery (F) 197 8 129 160 -1 9% Aggravated Assault (F) 322 32 21 8 232 -6% Burglary (F) 604 44 389 445 -1 3% Theft (F) 114 11 82 9 1 -1 0% Motor Vehicle Theft (F) 105 2 51 8 3 -39% Drug (F) 228 12 132 173 -24% Weapons Violation (F) 95 4 42 70 -4 0 O/O
Other Felonies (F) 253 20 162 198 -1 8% Weapons Violation (M) 64 3 45 52 -1 3% Assault (M) 706 57 472 544 -1 3% Theft (M) 962 110 729 670 9% Drug Offenses (M) 589 62 480 41 8 15% Other (M) 977 7 3 498 703 -29% Technical Violation (M) 1125 105 897 779 15% Contempt of M. Order (M) 2166 122 1617 1773 -9% Truancy (C) 7 8 12 72 52 38% Runaway (C) 1230 6 9 774 854 . -9% Theft (C) 27 3 2 1 18 17% Disorderly Conduct (C) 270 23 215 202 6% DWlIDUlD (C) 0 0 1 0 100% Liquor Laws (C) 17 0 12 8 50% Alt. Ed. Expulsion [C] 128 3 87 11 1 -22% Other (C) 84 6 73 67 9% Contract Det. & Others 93 5 59 6 8 -1 3%
Total Felony 2118 141 1323 1602 -1 7% Total Misdemeanor 6589 532 4738 4939 -4 O h
Total ClNS 1927 121 1314 1380 -5% Grand Total 10634 794 ( 7375 1 792 1 -7%
RaciallEthnic and Gender Breakdown of Referrals, Year to Date
Race/Ethnicity Felony Misd VOP & Status Contract Total Contempt Detention
Asian N 10 2 7 14 12 0 63 % 0.76 1.12 0.56 0.96 0 0.83
African American 629 1032 1016 582 32 329 1 47.54 42.63 40.38 46.37 54.24 43.45
Hispanic 464 920 1280 426 16 31 06 35.07 38.00 50.87 33.94 27.12 41.01
Native American 3 4 6 3 0 16 0.23 0.17 0.24 0.24 0.00 0.21
Other 3 10 10 2 0 2 5 0.23 0.41 0.40 0.16 0 0.33
Caucasian 214 428 190 230 11 1073
Female 200 670 869 659 18 241 6 15.12 27.67 34.54 52.51 30.51 31.90
Male 1123 1751 1647 596 4 1 5158 84.88 72.33 65.46 47.49 69.49 68.10
Total 1323 2421 2516 1255 591 75741 - % 100 100 100 100 100 100
ATTACHMENT A
DIRECTOR'S REPORT October 26,2009
Page 8
DALLAS COUNTY JUVENILE DEPARWMENT Referrals During the Month of Sept 2009, by Offense Category
Non-Paper Referrals
2008 Current YTD 2009 YTD 2008 YTD Month Change
Homicide (F) Attempt. Homicide (F) Sexual Assault (F) Robbery (F) Aggravated Assault (F) Burglary (F) Theft (F) Motor Vehicle Theft (F) Drug (F) Weapons Violation (F) Other Felonies (F) Weapons Violation (M) Assault (M) Theft (M) Drug Offenses (M) Other (M) Technical Violation (M) Contempt of M. Order (M) Truancy (C) Runaway (C) Theft (C) Disorderly Conduct (C) DWl/DUlD [C] Liquor Laws [C] Alt. Ed. Expulsion [C] Other (C) Contract Det. & Others
Total Felony 1901 103 1067 1328 -20% Total Misdemeanor 5899 297 3899 3830 2% Total CINS 1529 103 1038 1088 -5% Grand Total 9329 503 6004 6246 -4 %
ATTACHMENT B
DIREC1 i REYOK T October 26, 2009
Page I0
Dallas County Juvenile Detention Center
-- - _ _- - _- -_ -- -- - ADP ---t--- Admission --
335 287 226 506 435 364 17 24 16.8 300 260 206
ATTACHMENT D
DIRECl i REPORT October 26, 2009
-- - - -- _ _ - - - - - - - - -
Dallas County Marzelle 6 . Hill Transition Center
'0° T- -__--_---I- I-__- _ -_-_________-__
7
1
i-- ----ib-- ADP --e- Admission -- -
A LOS
t
Month 1 2006 2007 2008 20091 2006 2007 Jan I 51 49 45 301 50 45 Feb Mar AP r May Jun Jut Aug S ~ P Oct N ov 40 ""I I; 1 1 I
ATTACHMENT E
DIRECTOR'S REPORT October 26,2009
Page 12
DIRECT ' REPORT October 26,2009
Page 13
Dallas County Juvenile Department Psychological Services Division
* Groups in Session I I I I I I I I I I I I I ATTACHMENT G
DIRECT ' REPORT October 26, 2009
Page 15
Dallas County Juvenile Department Psychological Services Division
ATTACHMENT 1
DIRECl ; REPORT October 26, 2009
Page 16
Dallas County Juvenile Department Psychological Services Division Statistics for September 2009
17. Unable to Make Recommendation 0 18. Continue Destiny Bound 0
I MONTHLY I CUM. 1 LETOTl TOTALS I TOT
ATTACHMENT J
DIRECTOR'S REPORT October 26, 2009
FIELD PROBATION OFFICER CASELOADS WITHOUT ANY NEW REFERRALS: FV2009
Jackson, Lajjuana
Hernandez, Miguel
Shearer, William
Elorduy, Roberto
Alderete, Jaimie
Peterson, Ramona
Lopez, Melvin
Fabela, Felipe
Ayala, Martha
Russell, Derrick
Fuller, Elizabeth
Redmond, Jarvis
Flores, Nancy
Zuzak, Erica
LaFrance, Tyra
Brooks, Amanda
Sosa, Elizabeth
Sackett, Steve
McCullen, Yolanda
Banks, Sandra
Echols, Sandy
Lawrence, Stephan
Andrews, Jamie
Reid, David
Echols, Larry
Vega, Melissa
Jaber, Sabrina
Clifton, Romunda
Ellison, Adam
Salas, Patricia
Bolanos, Hope
Freeman, Sophia
Mitchell, Patrice
lackshire, James
Shearer, William
Brewer, Donna
Johnson, Bernadete
Monson, Jimmy
Mitchell, Patrice
Harris, Michael
Barker, Matthew
Kuilan, Marisol
Flores, Nancy
Hashaway, Gary
Redmond, Jarvis
Jukdins, James
Byrd, Betty
Vajo, Ester
Fabela, Felipe
Kearney, Moses
Hernandez, Miguel
Gonzaiez, Fernando Vega, Mellssa
Fabela, Felipe Nelson, Rick
Augustus, Darryl Jackson, Lajuana
Brown, Steve Mendoza, Mario
Brooks, Amanda Johnson, Alicia
Peterson, Ramona Freeman, Sophia
Lawrence, Stephan Reynolds, Greg
Hernandez, M~guel Pitman, Dawn
Zuzak, Er~ca Briones, Jerry
Kuilan, Marisol Byrd, Betty
Johnson, Patrlcla Elllson, Adam
Castellanos, Gabr~el Vajo, Ester
Bolanos, Hope Engl~sh, Tara
Carr~llo, Frank Clifton, Romunda
Baxley, Leana
Robinson, Stan
Barriga, James
Faz, Eric
McGee, Steve
Fuller, Elizabeth
Flores, Nancy
Reid, David
Echols, Larry
Cartwright, Kim
Goin, Ray
Beal, Sonya
Elorduy, Roberto
Ortiz, Geovanny
Agustus, Darryl
Harrison, Marisa
Johnson, Bernadett
Judkins, James
Ruiz, Ymelda
Castellanos, Gabrie
Blackshire, James
Hashaway, Gary
Redmond, Jarvis
LaFrance, Tyra
Vatsis, Joanna
Aguilar, Anthony
Monson, Jimmy
English, Tara
Hernandez, Miguel
Shearer, William
Echols, Larry
Guerra, Armando
Johnson, Alicia
Lawrence,Stephani
Ellison, Adam
Carrillo, Frank
Brewer, Donna
Jackson, Lajuana
Amie, Taras
Robinson, Michelle
Vega, Melissa
Barriga, James
Banks, Sandra
Hults, Gary
Pitman, Dawn
Zuzak, Erica
Cilufo, James
Hafeez, Eric
Robinson, Stan
Lee, Ruth
Harris, Michael
Chambers, Charona
I 10rtiz. Geovannv Sacket. Steve
Gonzalez, Fernando
Vatsis, Joanna
Brown, Steve
Fabela, Felipe
Robinson, Stan
Harrison, Marisa
Andrews, Jamie
Reid, David
Ciliffo, James
Fuller, Elizabeth
Channing, Payton
Ellison, Adam
Brooks, Amanda
Clifton, Romunda
Murray, Cinderella
Beal, Sonya
Russell, Derrick
Judkins, James
Vega, Melissa
Ligans, Robert
Galindo, Blanca
Augustus, Darryl
Echols, Larry
Flores, Nancy
Shearer, William
Hill, James
Lawrence, Stephan
Byrd, Betty
Goin, Ray
Hernandez, Leticia
Espino, Connie
Sackett, Steve
English, Tara
LaFrance, Tyra
Aguilar, Anthony
Barker, Matthew
Nelson, Rick
Hallman, Tiffani
Moss, John
Hernandez, Miguel
Zuzak, Erica
Echols, Sandy
Mitchell, Patrice
Cartwright, Kim
Vajo, Esther
Pipkins, Lashawn
Lopez, Melvin
Ayala, Martha
Hults, Garrett
Ruiz, Ymelda Vatsis, Joanna
Hashaway, Gary Jackson, Lajauana
Hernandez, Miguel Reid, David
Briones, Jerry Echols, Larry
Moss, John McCullen, Yolanda
Cartwright, Kim Castellanos, Gabriel
Harris, Michael Segura, Jeff
Echols, Sandy Fuller, Elizabeth
Lee, Ruth Mitchell, Patrice
Reynolds, Greg Brooks, Amanda
Sosa, Elizabeth Ayala, Martha
English, Tara Hults, Gary
Chambers,Charonna Espino, Connie
Lopez, Melvin Murray, Cinderella
ATTACHMENT L
DIRECTOR'S REPORT October 26,2009
Page 19
DALLAS COUNTY JUVENILE JUSTICE ALTERNATlVE EDUCATION PROGRAM
Active Enrollments
I Student Enrollment As of September 30, 2009: I Total Enrollment: 244 I
AGE I Number I Percent I ETHNlClTY ( Number ( Percent (
Students on ProbationIDCJD Supervision:
Offense Status:
African American Asian Caucasian Hispanic Native American
85 (34.83%)
D-153 (62.70%) M-91 (37.30%) P-0 (0.00%)
I OFFENSE DESCRIPTIONS I Number I Percent I Weapon firearms Weapons Other Than Firearm Aggravated Assau It Sexual Assault Aggravated Sexual Assault Arson Murder OffensesIManslaughter Indecency With a Child Aggravated Kidnapping Felony Drugs Retaliation Against Any Employee SeriousIPersistent Misbehavior Misdemeanor Drugs Felony Criminal Mischief Court/County Placement Assault Against Employee AssaultIRetaliation of Employee (on or off campus) False Alarmnerroristic Threat Off Campus Felonies Against Student & Other New Discretionary
Detention, Placement or Warrant: 0 (0.00%) Special Education Students: 37 (1 5.1 6%)
Average Daily Attendance: 81.80% 192lday September 2009 Range: 70.00% to 89.71%
Cum. SY Avg. Daily Attendance: 79.88% 189lday Cumulative SY Range: 73.66% to 86.10%
ATTACHMENT M
DIRECTOR 'S REPORT October 26,2009
September 2009 JJAEP
Page 20
Discretionarv Serious and Persistent track in^ Sheet
I Home lSD 1 # I %
I ~ i a h , Park I 01 0.00%!
This number represents the total number of students that ore
currently attending JJAEP who are classified as discretionary
serious and persistent behavior.
SUALT PERSONNEL
ALT STUDENT
GERANT/CLASS DlSRUPTION/DEFlANTTOWARD AUTHORITY
CLASSROOM DISRUPTION/PROFANITY
DlSRERSPECTFUL/INSUBORDlNATlON
DISRESPECTFUL SCHOOL PERSONNEL/FIGHTING
DISRESPECTFUL/AGGRESSlVE BEHAVOIR
FIGHTING/INSUBORDINATlON
INSUBORDINATION
lNSUBORDlNATlON/CLASS DISRUPTION
INSUBORDINATION/SLEEPlNG IN CLASS
NON-COMPLIANCE DRESS CODE/INTOXICATION/PROFANITY
NON-COMPLIANCE/INSUBORDINATION/THREAT TO STAFF
POSESSION OF STOLEN PROPERTY/REFUSED TO FOLLOW STAFF DIRECTIVES
POSSESSION OF DRUG PARAPHENALIA/PROFANITY
PROFANITY/ CLASS/DISRUPTION
PROFANITY/CONCELING CELL PHONE IN BRA
PROFANITY/INAPPROPRIATE BEHAVOIR
PROFANITY/INSUBORDINATlON
PROFANITY/THREATS TO STAFF/INSUBORDINATION
PROFANITY/WALKING OUT OF CLASS/AGGRESSIVE WlTH STAFF
PUBLIC LEWDNESS
THREATEN TEACHER WlTH A GUN
ATTACHMENT N
AGENDA
JUVENILE BOARD ORDER
ORDER NO: 2809-XXX
DATE: October 26,2009
STATE OF TEXAS 9
COUNTY OF DALLAS 9
RE IT REMEMBERED, at a regular meeting of the Juvenile Board of Dallas County, Texas, held on the 26th day
of October 2009, on motion made by , and seconded by
the followillg Order was adopted:
WNGREAS, eleven years ago the Juvenile Board approved a Records Retention Policy that specified the retention schedule for juvenile records; and
WHEREAS, in April and May 1998, the Commissioners Court approved a retention period for juvenile probation records of 15 years after the juvenile turns 18 years of age and authorized the destruction of records for inldividuals born on or before December 3 1, 1964; and
WHEREAS, in 1998, the Texas Family Code was silent on the issue of destruction ofjuve~lile records; and
WHEREAS, in 2001, the Texas Family Code was modified to address the issue of destruction ofjuvenile records; and
WHEREAS, the Texas Family Code, Title 3: Juvenile Justice Code, Chapter 58: Records, Juvenile Justice Illformation System, Section 58.007 1 describes the criteria for the destruction of certain physical records and files; and
WHEREAS, Chapter 58, Section 58.007 details under what circumstances the files may be destroyed, with the associated conditions if one is 18 years of age, at least 21 years of age, and at least 3 1 years of age; and
WHEREAS, this retention policy is needed, as currently the Communications and Central Services, Records Management Office has indicated that Dallas County, as an entity, has reached 97% of its storage capacity; and
WHEREAS, the current proposed policy represents a change in the currently existing policy, which established a threshold of 15 years after the individual reached the age of 18; and
WHEREAS, the proposed modified policy on the retention ofjuvenile records under the authority of the Juvenile Department and Juvenile Board has been reviewed and approved by Joel Winful, Assistant District Attorney, Civil Division; and
WHEREAS, the current request conforms to the Dallas County Strategic Plan - Vision 3: Dallas County is safe, secure, and prepared, as evidenced by the synchronization of data collection systems andprocesses across local governmental entities and departments.
IT IS THEREFORE ORDERED, ADSODGED AND DECREED that the Dallas County Juvenile Board approves the 2009 modificatioi~s to Dallas County Juvenile Department's retention schedule of records to be consistent with the Texas Family Code.
20009-m Retention Policy Revision Page 2
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Dallas County Juvenile Board authorizes the Director of Juvenile Services or designee to modify any policy and procedure as needed, pending approval by the Juvenile Board at the next regularly scheduled meeting.
DONE IN OPEN BOARD MEETING this 26"' day of October, 2009.
Recommended by: Approved by:
Judge Cheryl Shannon, Chairman Director of Juvenile Services Dallas County Juvenile Board
as Coun JUVENILE DEPARTMENT
MEMORANDUM
Date: October 21, 2009
To: Dallas County Juvenile Board
From: Michael K. Griffiths, Director
Backqround of Issue:
Eleven years ago the Juvenile Board approved a Records Retention Policy that specified the retention schedule for juvenile records. At the time of the development of the policy, the Texas Family Code was silent on the issue of destruction of juvenile records. In 2001, the Texas Family Code was modified to address the issue of destruction of juvenile records. As such, the Texas Family Code, Title 3: Juvenile Justice Code, Chapter 58: Records, Juvenile Justice lnformation System, Section 58.0071 describes the criteria for the destruction of certain physical records and files. Chapter 58, Section 58.007 (See attached) details under what circumstances the files may be destroyed, with the associated conditions if one is 18 years of age, at least 21 years of age, and at least 31 years of age.
In April and May 1998, the Commissioners Court approved a retention period for juvenile probation records of 15 years after the juvenile turns 18 years of age and authorized the destruction of records for individuals born on or before December 31, 1964. The purpose of the current briefing is to provide updated information on the current legal statue related to records retention, as it is noted that in 1998 the Texas Family Code was silent on this issue, and to seek authorization to modify the Juvenile Department's Records Retention Schedule to be consistent with the current Texas Family Code.
Impact On Operations And Maintenance:
The updated retention policy is designed to more efficiently manage the juvenile records under the authority of the Juvenile Board and relatedly the Juvenile Department. This retention policy is needed, as currently the Communications and Central Services, Records Management Office has indicated that Dallas County, as an entity, has reached 97% of its storage capacity. Once 100% of the storage capacity is reached, each department will be required to retain its own files thereby impacting the utilization of space. The current proposed policy represents a change in the currently existing policy, which established a threshold of 15 years after the individual reached the age of 18. The current proposed policy is to adhere to the Texas Family Code, Title 3: Juvenile Justice Code, Chapter 58: Records, Juvenile Justice lnformation System, Section 58.0071 statue which establishes a less restrictive policy whereby the records of an individual aged 31 or older can be destroyed. This would mean that the records (at this point) of an individual born prior to December 31, 1978 would be eligible for destruction.
Strategic Plan Compliance:
This request conforms to the Dallas County Strategic Plan -Vision 3: Dallas County is safe, secure, and prepared, as evidenced by the synchronization of data collection systems and processes across local governmental entities and departments.
2608 bone Star Drive, Box 5 Dalfasl T~::as 752q Z
Juvenile Department Records Retention Policy Page 2
The proposed modified policy on the retention of juvenile records under the authority of the Juvenile Department and Juvenile Board has been reviewed and approved by Joel Winful, Assistant District Attorney, Civil Division.
It is noted that eleven years ago, the Records Management Office calculated a storage cost of $3 per box annually. While the current storage rate is not available or the number of boxes known, Dallas County, as an entity, can anticipate cost savings of at least those established previously.
Project Schedulellmplementation
The proposed policy change would be enacted on November 1, 2009
Recommendation:
It is recommended that the Juvenile Board approve the modifications to Dallas County Juvenile Department's retention schedule of records to be consistent with the Texas Family Code. It is also recommended that the Dallas County Juvenile Board authorizes the Director of Juvenile Services or his designee to modify any policy and procedure as needed, pending approval by the Juvenile Board at the next regularly scheduled meeting.
I
Recommended by: - jr ~ ~ ~ ~ ~ w / ~ ~ > ~ ] ~ I -
Michael K. ~r#Mths, Director
FAMILY CODE CHAPTER 58. RECORDS; JUVENILE JUSTICE INFO ATION SYSTEM Page 1 of 39
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
SUBCHAPTER A. RECORDS
Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. (a) Law enforcement
officers and other juvenile justice personnel shall collect information
described by Section 58.104 as a part of the juvenile justice information
system created under Subchapter B.
(b) The information is available as provided by Subchapter B.
(c) A law enforcement agency shall forward information, including
fingerprints, relating to a child who has been taken into custody under Section
52.01 by the agency to the Department of Public Safety for inclusion in the
juvenile justice information system created under Subchapter B, but only if the
child is referred to juvenile court on or before the 10th day after the date
, child is taken into custody under Section 52.01. If the child is not
referred to juvenile court within that time, the law enforcement agency shall
destroy all information, including photographs and fingerprints, relating to
the child unless the child is placed in a first offender prograrn under Section
52.031 or on informal disposition under Section 52.03. The law enforcement
agency may not forward any information to the Department of Public Safety
relating to the child while the child is in a first offender program under
Section 52.031, or during the 90 days following successful completion of the
program or while the c h A d is on informal disposition under Section 52.03.
Except as provided by Subsection (f), after the date the child completes an
informal disposition under Section 52.03 or after the 90th day after the date
the child successfully completes a first offender program under Section 52.031,
the law enforcement agency shall destroy all information, including photographs
and fingerprints, relating to the child.
(d) If informatior relating to a child is contained in a document that
also contains information relating to an adult and a law enforcement agency is
required to destroy all :nformation relating to the child under this section,
agency shall alter tke document so that the information relating to the
child is destroyed and the information relating to the adult is preserved.
FAMILY CODE CHAPTER 58. RECORDS; JUVENILE JUSTICE INFO ATION SYSTEM Page 12 of 39
(4) a description of the conduct the child is alleged to have
committed, including the level and degree of the alleged offense.
(i) In addition to the authority to release information under Subsection
(b)(5), a juvenile probation department may release information contained in
its records without leave of the juvenile court pursuant to guidelines adopted
by the juvenile board.
(j) Before a child or a child's parent or guardian may inspect or copy a
record or file concerning the child under Subsection (e), the custodian of the
record or file shall redact:
(1) any personally identifiable information about a juvenile
suspect, offender, victim, or witness who is not the child; and
(2) any information that is excepted from required disclosure under
Chapter 552, Government Code, or other law.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by
Acts 1997, 75th Leg., ch. 1086, Sec. 19, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1086, Sec. 20, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 815,
Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1415, Sec. 20, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 18, eff. Sept. 1, 1999; Acts
1, 77th Leg., ch. 1297, Sec. 37, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 879, Sec. 1, eff. September 1, 2007. - .-
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 17, eff. September 1, 2007. -- -
Sec. 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND FILES. (a) In
this section:
(1) "Juvenile case" means:
(A) a referral for conduct indicating a need for supervision or
delinquent conduct; or
(B) if a petition was filed, all charges made in the petition.
(2) "Physical records and files" include entries in a computer file
or information on microfilm, microfiche, or any other electronic storage media.
(b) The custodian of physical records and files in a juvenile case may
destroy the records and files if the custodian duplicates the information in
the records and files il-1 a computer file or information on microfilm,
n ,ofiche, or any other electronic storage media.
(c) The following persons may authorize, subject to Subsections (d) and
FAMILY CODE CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM Page 13 of 39
(e) and any other restriction the person may impose, the destruction of
the physical records and files relating to a closed juvenile case:
(1) a juvenile board in relation to the records and files in the
possession of the juvenile probation department;
(2) the head of a law enforcement agency in relation to the records
and files in the possession of the agency; and
(3) a prosecuting attorney in relation to the records and files in
the possession of the prosecuting attorney's office.
(d) The physical records and files of a juvenile case may only be
destroyed if the child who is the respondent in the case:
(1) is at least 18 years of age and:
(A) the most serious allegation adjudicated was conduct
indicating a need for supervision;
(B) the most serious allegation was conduct indicating a need
for supervision and there was not an adjudication; or
(C) the referral or information did not relate to conduct
indicating a need for supervision or delinquent conduct and the juvenile court
or the court's staff did not take action on the referral or information for
that reason;
(2) is at least 21 years of age and:
(A) the most serious allegation adjudicated was delinquent
conduct that violated a penal law of the grade of misdemeanor; or
(B) the most serious allegation was delinquent conduct that
violated a penal law of the grade of misdemeanor or felony and there was not an
adjudication; or
(3) is at least 31 years of age and the most serious allegation
adjudicated was delinquent conduct that violated a penal law of the grade of
felony.
(e) If a record or file contains information relating to more than one
juvenile case, information relating to each case may only be destroyed if:
(1) the destruction of the information is authorized under this
section; and
(2) the information can be separated from information that is not
authorized to be destroyed under this section.
(f) This section does not affect the destruc~ion of physical records and
files authorized by t h z Texas State Library gecords Retention Schedule.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 38, eff. Sept. 1, 2001.
AGENDA
JUVENILE BOARD ORDER
ORDER NO: 2009-XXX
DATE: October 26,2009
STATE OF TEXAS 8
COUNTY OF DALLAS 8
BE IT REMEMBERED, at a regular meeting of the Juvenile Board of Dallas County, Texas, held on
the 26th day of October 2009, on motion made by , and seconded
by the following Order was adopted:
WHEREAS, the Texas Administrative Code Chapter 358 standards which govern the reporting of abuse, neglect, and exploitation of juveniles went into effect September 1,2009; and
WHEREAS, the Texas Juvenile Probation Commission (Commission) is the designated state agency responsible for investigating allegations or incidents ~f abuse, neglect or exploitation of a child occurring in a juvenile justice program or facility such as a probation department, secure pre-adjudication detention facility, secure post- adjudication correctional facility, juvenile justice alternative education program (JJAEP) or other program; and
WHEREAS, it is necessary to revise the current procedures of the Juvenile Department for the reporting of abuse, neglect, and exploitation (ANE) to incorporate the changes to the definitions, timeframes for reporting and minor procedural changes for the reporting of abuse, neglect, and exploitation (ANE); and
WHEREAS, the 2009 Abuse, Neglect, and Exploitation policy and procedure revisions were submitted for approval to Mr. Joel Winful, Assistant District Attorney; and
WHEREAS, this request conforms to the Dallas County Strategic Plan -Vision 3: Dallas County is safe, secure, and prepared as evidenced by the strategy to maximize the effectiveness of the County's criminal justice resources.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Juvenile Board approves the 2009 revision to the abuse, neglect and exploitation policy and procedures.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Dallas County Juvenile Board authorizes the Director of Juvenile Services or designee to modify any policy and procedure as needed, pending approval by the Juvenile Board at the next regularly scheduled meeting.
DONE IN OPEN BOARD MEETING this 26th day of October, 2009.
Recommended by: Approved by:
Michael K. Griffiths Judge Cheryl Shannon, Chairman Director of Juvenile Services Dallas County Juvenile Board
as Coun JUVENILE DEPARTMENT
MEMORANDUM
Date: October 26, 2009
To: Dallas County Juvenile Board
From: Michael K. Griffiths, Director of Juvenile Services
Subject: Juvenile Department Abuse, Neglect, and Exploitation Policy Revision
Background of Issue Texas Administrative Code Chapter 358 went into effect September I , 2009. The Texas Juvenile Probation Commission (Commission) is the designated state agency responsible for investigating allegations or incidents of abuse, neglect or exploitation of a child occurring in a juvenile justice program or facility such as a probation department, secure pre-adjudication detention facility, secure post-adjudication correctional facility, juvenile justice alternative education program (JJAEP) or other program. The Department's ANE policy requires some minor revisions to comply with the requirements of Chapter 358. The purpose of this briefing is to request approval of the revised policy and procedure for the Department's institutional, probation services, and JJAEP divisions.
The proposed policy includes changes or additions to some definitions, changes to the timeframes for reporting incidents, and some minor procedural changes in order to comply with the changes to Chapter 358. As a result, the Dallas County Juvenile Department has reviewed all institutions, probation services, and JJAEP policies and procedures and made the following revisions to ensure the Department complies with State law.
The changes to Chapter 358 related to the timeframes for reporting incidents of abuse, neglect and exploitation for the specific incidents of sexual assaults, serious incidents and deaths. These types of incidents must be reported to law enforcement within 1 hour after discovery of the incident and reported to the Texas Juvenile Probation Commission within 4 hours. Escapes now include failure to return from furloughs and are applicable to both secure and non-secure facilities. Other procedural changes include parent notification of the incident immediately but no later than 24 hours after discovery of the incident. If medical treatment occurs, medical documentation must be submitted to the Commission along with the investigation report. Any employee terminated or who resigns as result of an investigation, must be reported to the Commission within 2 calendar days. Finally all investigations must be completed in 30 days and submitted to the Commission within 5 days of the completion of the investigation.
impact on Operations and Maintenance
The policy will require staff to complete investigations timely and report allegations within the timeframes as required by statute. Staff has been provided training on abuse, neglect, and exploitation standards by the Commission and Department staff.
Juvenile Department Abuse, Neglect, and Exploitation Policy Revision Page 2 of 2
LEGAL IMPACT
Mr. Joel Winful, Assistant District Attorney has reviewed and approved the Juvenile Department's revised policy on abuse, neglect, and exploitation procedures.
FISCAL IMPACT
There is no fiscal impact on this policy revision.
RECOMMENDATION
It is respectfully recommended that the Juvenile Board approve the procedural revisions to the abuse, neglect, and exploitation policy for institutions, probation, and JJAEP policies and procedures as delineated in this briefing. It is furthermore recommended that the Juvenile Board authorize the Director of Juvenile Services or designee to modify any policy and procedure as needed, pending approval by the Juvenile Board at the next regularly scheduled meeting.
Recommended by: w~ ichae l K. Griffiths, bfrector
AGENDA
JUVENILE BOARD ORDER
ORDER NO: 2009-xxx
DATE: October 26,2009
STATE OF TEXAS 5
COUNTY OF DALLAS
BE IT REMEMBERED at a regular meeting of the Juvenile Board of Dallas County, Texas, held on the
26th day of October 2009, on a motion made by and
seconded by , the following Order was adopted:
WHEREAS, legislation passed during the ~ 4 ' ~ Texas Legislature required Dallas County, and other large counties, to create a Juvenile Justice Alternative Education Program (JJAEP) for students expelled from schools due to certain offenses; and
WHEREAS, during the May 18, 2009 Juvenile Board meeting the Juvenile Board adopted and approved the FY 2010 Dallas County Juvenile Justice Alternative Education Program (DCJJAEP) budget; and
WHEREAS, current student enrollment data indicates that the average daily attendance will be approximately 190 youth rather than 238 as projected in the original budget; and
WHEREAS, revenues for the DCJJAEP are based on actual daily attendance data; and
WHEREAS, the originally approved DCJJAEP FY2010 budget included revenue projections of $3.52 million and associated expenses of $3.52 million, but with the current downtrend on referrals and attendance, modifications must be made to the DCJJAEP FY2010 budget to create balance and fiscal responsibility; and
WHEREAS, a careful analysis of the staffing pattern was conducted with the goal being to provide adequate, effective, and cost efficient services to the youth placed at the DCJJAEP while maintaining compliance with the Texas Juvenile Probation Commission standards; and
WHEREAS, with the reduced number of youth referred, the DCJJAEP has determined that fewer staff is needed, which will result in cost savings to the program; and
WHEREAS, the cost savings to the program will be realized by a staffing reorganization to more efficiently and effectively provide services to the youth referred; and
WHEREAS, modifications to DCJJAEP budget require the approval of the Juvenile Board; and
WHEREAS, at the conclusion of FY09, a deficit of approximately $159,000 was transferred to the FY2010 budget; and
WHEREAS, the proposed budget (i.e., Budget Amendment # I ) will be implemented on November 'l , 2009 and be in effect until August 31, 2010; and
WHEREAS, this request conforms to the Dallas County Strategic Plan -Vision 3: Dallas Countyis safe, secure, and prepared, as evidenced by the effective allocation of adult and juvenile justice resources across Dallas County.
2009-rn JJAEP Budget Amendment #I Cowl Order Page 2
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Juvenile Board of Dallas County approves the attached FY 201 0 Budget Amendment # I for the Dallas County Juvenile Justice Alternative Education Program, which includes the noted staff reorganization.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Juvenile Board of Dallas County grants authorization for the Dallas County Juvenile Justice Alternative Education Program to apply for various grants that do not require cash matching.
DONE IN OPEN BOARD MEETING this the 26'h day of October, 2009.
Recommended by: Approved by:
Dallas County Juvenile Department Judge Cheryl Lee Shannon, Chairman Dallas County Juvenile Board
as Coun JUVENILE DEPARTMENT
MEMORANDUM
Date: October 15, 2009
To: Dallas County Juvenile Board
From: ~ i c h a e l K. Griffiths, Director
Subject: DCJJAEP FY 2010 Budget Challenges and Reorganization
Background of Issue:
During the May 18, 2009 Juvenile Board meeting the Juvenile Board adopted and approved the FY 2010 Dallas County Juvenile Justice Alternative Education Program (DCJJAEP) budget. The previous briefing identified the challenges that are inherent in establishing the DCJJAEP budget. To recap, those challenges include fluctuations in student population, as enrollment increases throughout the fall and spring semester as school districts refer expulsions. The enrollment level drops at the end of each semester as students complete their expulsion periods. The key challenge is accurately forecasting the number of enrollments during each year. This has been particularly taxing when consideration is given to the economic climate in Dallas County, as the lndependent School Districts from which discretionary referrals are received struggle to manage their respective budgets. In addition, challenges are incurred as funding is based upon students present (daily attendance) and not necessarily based upon student enrollment.
The lndependent School Districts within Dallas County have indicated formally and informally that because of their respective budget challenges they have had to modify who and how they refer youth to the DCJJAEP. Specifically, they have reported that because of limited amounts of funds available to them for disciplinary issues for students that they are overall limiting the number of youth that they will refer. Relatedly, they have indicated that some students may return sooner than the timeline referenced in the Memorandum of Understanding because of their budget constraints. In fact, the lndependent School Districts have indicated that they are also limiting the number of youth who are being referred to their internal District Alternative Education Programs, as a front end measure of limiting the number of youth referred to alternative campuses as a disciplinary action. Moreover, newly enacted legislation (House Bill 171) has impacted the flow of referrals to the DCJJAEP. The purpose of the current briefing is to provide information on the DCJJAEP FYI0 Budget and to seek authorization to proceed with a staffing reorganization and reduction, as well as ongoing authorization to apply for various grants that do not require cash matching. It is noted that acceptance of any grant funds awarded will be contingent upon Juvenile Board approval.
impact On Operations And Maintenance:
The originally approved DCJJAEP FY2010 budget included revenue projections of $3.52 million. based on a projected average daily attendance (ADA) of 238, and associated expenses of $3.52 million. Analysis of current trends indicates that the actual ADA is likely to be 190 youth, and to create
2600 Lone Star Drive, Box 5 Dallas, Texas 75212 (2 14) 69&-2200
JJAEP Budget Modification and Staff Reorganization Brief Page 2
a balanced budget considering the lower revenue projections requires the development of strategies to significantly reduce expenses. These alternative strategies include a careful analysis of the staffing pattern needed to provide adequate, effective, and cost efficient services to the youth placed at the DCJJAEP while maintaining compliance with the Texas Juvenile Probation Commission standards. With the reduced number of youth referred, the DCJJAEP has determined that fewer staff is needed. This will result in cost savings to the program.
The cost savings to the program will be realized by a staffing reorganization to more efficiently and effectively provide services to the lower number of youth referred. This reorganization will include:
Positions and Rationale: Teachers: Currently, the DCJJAEP has 19 instructional personnel, and this number will be reduced by 4 teacher positions.
Teacher Assistants: The DCJJAEP currently has 13 teacher assistants, this will be reduced by 6 TA positions. Under the reduced staffing plan, teacher assistants will "float" between two adjacent classrooms, rather that have a TA assigned to each room.
Support Staff: The DCJJAEP currently has 8 support staff who perform various duties. The support staff will be reduced by 1 Clerk il position and 1 Service Attendant II position. The service attendant position works primarily with the school lunch program and we expect that these functions will assumed by Dallas ISD personnel, who provide meal services at the JJAEP and monitoring of the food service for USDA compliance.
Administrative Staff: The DCJJAEP currently has 2 Assistant Campus Administrators. Realignment of duties will allow the elimination of 1 assistant campus administrator position.
The DCJJAEP currently has a number of funded part-time positions to assist when instructional staff is not present. Considering the reduction in the number of staff and strict adherence and enforcement to the time and attendance policy, extra-help expenditures will be reduced by approximately $42,000.
Finally, the DCJJAEP currently funds one of the two school resourcelsheriff officers assigned to the program. The Sheriff's Department has agreed to reassign one of the officers to other duties, reducing the number of school resourcelsheriff officers from 2 positions to 1 position.
There will be ongoing monitoring and evaluation of the staffing plan and any additional significant adjustments will be made and presented to the Juvenile Board for approval at the next regularly scheduled meeting.
Strategic Plan Compliance:
This request conforms to the Dallas County Strategic Plan - Vision 3: Dallas County is safe, secure, and prepared, as evidenced by the effective allocation of adult and juvenile justice resources across Dallas County.
Legal Impact:
The modifications to DCJJAEP budget require the approval of the Juvenile Board.
The fiscal impact of the suggested changes to the staff and reorganization of the DCJJAEP will be a reduction of $803,675 in the original and adjusted budget total. A spreadsheet reflecting these changes is attached.
JJAEP Budget Modification and Staff Reorganization Brief Page 3
It is noted that the JJAEP unallocated reserves have been depleted over the preceding years. In fact, at the conclusion of FY09, it was necessary to carry forward a deficit of approximately $159,000 to the FY2010 budget. The proposed budget adjustment projects a shortfall of approximately $35,000, which includes carrying forward the 2008-2009 deficit. Ongoing management analysis of the academic needs based on enrollment data and actual attendance data will be employed to manage the budget, including making grant applications and other staffing alignment considerations may be necessary in order to cover this deficit. It is further noted that several of the Independent School Districts have shared that they have identified additional strategies in an attempt to ensure that students referred actually attend the DCJJAEP, which would have a positive impact on revenues. It is further noted that the DCJJAEP has implemented a strategic plan for interacting with youth who are truant.
Proiect Schedulellmplementation
The department has moved forward to implement the proposed staffing reductions effective on November 6, 2009 and be in effect until August 31, 2010.
Recommendation:
It is recommended that the Juvenile Board approve the modifications to Dallas County Juvenile Justice Alternative Education Program FY 2010 Budget as presented, including the noted staff reorganization as well as authorization to apply for various grants that do not require cash matching.
Recommended by:
JJAEP 2009 - 2010 Expenses 7201 Grant
EXPENDITURES vs. REVENUE JJAEP 2009 - 201 0
7201 Grant
1012'i1200912:20 PME:\JuvBd\lO-2009\JJAEP Working Budget 201 0 dwki
AGENDA
JUVENILE BOART) ORDER
O m E R NO: 2009 -
DATE: October 26,2009
STATE OF TEXAS f
COUNTY OF DALLAS )
BE IT RE:MEMBEKED at a regular meeting of the Juvenile Board of Dallas County, Texas, held on the
26"' day of October, 2009, on a motion made by -f
and seconded by , the followi~lg
Order was adopted:
WHEREAS, during its August 24, 2009 meeting, the Dallas County Juvenile Board was briefed on the Juvenile Department's recommendations for renem~al of existing residential services contracts; and
WHENAS, under Juvenile Board Order No. 2009-064, the Juvenile Board approved the renewal of twenty (24) residential services contracts for FY20 10; and
WHEK@AS, Juvenile Board Order No. 2009-064 did not reflect all rate structure adjustments for FY2010 as Contract Services was in the process s f evaluating requests for rate adjustments at the time of the August 24, 2009 briefing and the Texas Juvenile Probation Commission had not release it's new rate structure for Title VI-E reimbursement; and
WHEREAS, seven (7) contractors (4M Youth Services, Avalon Center, Lutheran Social Services of the South, Rite of Passage, Inc. Sha~nar Hope Haven, Shoreline, Southwest Key Programs) previously approved for contract renewal are recommended for rate increases; and
WHEREAS, requests for rate increases submitted by two (2) contractors (Minola's Place of Texas, Inc, and Pegasus Schools, Inc.) previously approved for contract renewal were rejected on the basis that the service providers did not meet two or more of the standards as required and were placed on a corrective action plan for FY2010; and
WHEmAS, one (1) contractor imposed rate deduction (Glen Mills Schools) and one (1) Contract Services imposed reduction (Dallas Metrocare Services) are recomrne~~ded for FY2010; and
WHERIEAS, reimbursement rates for thirteen (13) contractors ( B E A K , Brookhave~l Youth Ranch, Burke Foundation, Center for Success and Independence, Everyday Life, Gulf Coast Trades Center, Have Haven, Nexus Recovery Center, Phoenix Houses of 'Texas, Positive Steps, Pressley Ridge, Seton Home, and Specialized Alten~atives for Families and Youth) will remain the same for FY2010; and
VVNEWAS, the rate structures listed below will apply to Dallas County Juvenile Department residential services contracts for FY20 10; and
WHEmAS, lower rates may be applied as agreed upon by Dallas County and the respective service providers; and
Aftercare Services
WHEREAS, the following Title IV-E per diem rates will apply for reimbursement for youth certified as Title IV-E eligible; and
WHEmAS, standard language of the Juvenile Department's residential services contract requires that Dallas County be responsible for the transportation of youth to and from residential placeme~lt facilities at admission and discharge; and
WHEREAS, the Juvenile Department's Contract Services section and Rite of Passage, Inc. have agreed to share in the responsibility of transporting youth to and from the facility for purposes of admission and discharge; and
WHEREAS, through a contract amendment, Rite of Passage will be responsible for all transpofiation cost related to the admissions process and Juvenile Department will be responsible for all transportation cost related to the discharge process; and
WHEREAS, Contract Amendment No. 1 of the residential services contract between the Juvenile Department and Kite of Passage was developed by Contract Services and approved by the Assistant District Attorney Joel Winful; and
WHERIEAS, funding for these residential services contracts are provided by Dallas County General Revenue Funds allocated to the Juvenile Department for FY 201 0 and grants provided by the State of Texas Office of the Governor and the Texas Juvenile Probation Commission; and
WHEREAS, these requests conforms to the Dallas County Strategic Plan - Vision 3, Dallas County is safe, secure, and prepared by expanding disposition alternatives and with regard to residential treatment for youth/families involved in the juvenile justice system; and
WHEREAS, the Juvenile Department recommends that the Dallas County Juvenile Board approve the rate structure for residential services contracts for FY 2010 and the Juvenile Department's request to amend the residential services contract with Rite of Passage, Inc. to allow for share responsibility of trailsportation cost for residential placement.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Juvenile Board of Dallas County approves the rate structure for the residential services contracts renewed for FY2010 and the Contract Amendment No. 1 of the residential services contract with Rite of Passage, Inc.
DONE IN OPEN BOARD MEETING this the 26T" day of-October, 2009
R e c o m m e ~ h d by: Approved by:
Dallas County Juvenile Department Judge Cheryl Shar~nor~, Chairnla11 Dallas County Juvenile Board
as County JUVENILE DEPARTMENT
Date: October 20, 2009
To: Dallas County Juvenile Board
From: Michael K. Criffiths, Director
Re: Approval of FY 201 0 Rate Structures for Residential Services Contracts and Amei~dmei~t of the Rite of Passage, Inc. residential services contract
The purpose of this briefing is to request .Juvenile Board approval to amend the residential services contract with Rite of Passage, Inc. to allow for shared responsibility of transportation cost related to admission and discharge of Dallas County youth court ordered to residential placeinent at the contractor's facility and to request that the Dallas Cor~nty Juvenile Board accept the revised rate structure for residential contract services for FY20 1 0.
Background of Issue: Historically, the Dallas County Juvenile Department utilizes residential placement facilities to meet the residential treatment needs of Dallas County youth under its jurisdiction. On December 1, 2008 under Request For Proposal (RFP) #: 2008-103-3734, the Juvenile Department entered into a contractual agreement with Rite of Passage, Inc., located approxin~ately 38 iniles southeast of Phoenix, in Queens Creek, Arizona for the provision of residential treatment services.
The Juvenile Department's residential services contract includes standard language which requires that Dallas County be responsible for transporting youth to and from the placement facility for purposes of admission and discharge. During the contract renewal process for FY2010, Contract Services successfully negotiated an agree~nent with Rite of Passage in which the transportation expenses related to admissions and discharge will be shared by the two entities. Thus, Rite of Passage will be responsible for transporting youth from Dallas County to the facility for the purpose of admission and the Juvenile Department will be responsible for transporting youth from the facility back to Dallas County upon discl~arge from the placement.
On August 24. 2009, the Dallas County Juvenile Board was briefed on the Juvenile Department's request to renew residential services contracts for FY2010. The Board approved the department's request to renew twenty-four (24) residential contracts under Juvenile Board Order # 2009-064. Subsequent to that briefing, the state approved a 9% rate structure increase for residential treatment facilities and child placing agencies licensed by the Texas Department of Family and Protective Services (TDFPS). The new rates became effective September 1, 2009. Additionally, in September 2009, the Texas Juvenile Probation Commissioi~ revised its rate structure to reflect a 9% increase for Title IV-E reimbursenle~lt rates.
2600 Lone Star Drive, Box 5 Dallas, Texas 7521%
FY2010 Rate Structure and Rite of Passage, Inc. Contract Amendment No. I Page 2
This department believes that it is important to offer competitive reimbursement rates for residential services, however, the decision to impleme~lt rate structure adjustments is not only based solely on the actions of the state, but also on the availability of funds within the Juvenile Department's budget to support such increases, the individual service provider's request for a rate increase and the service providers performance outcomes as reviewed during the contract renewal process. A comparison of FY2009 and FY2010 reimbursement rates for each contractor is included in this briefing as Attachment &. The final rate structure recommendations for FU20 10 are reflected in the following tables:
* = The contractor opted to reduce the per diem by 4% for FY2010.
DCJD IMPOSED RATE mDUCTION*
* = The contractor's FY2009 per diem was ad-justed down by 9% to match the TDFPS new rate structure for child placing agencies.
FY2010 Rate Structure and Rite of Passage, Itzc. Contract Amendment No. 1 Page 3
The Contract Services unit will continue to administer and monitor these contracts. The Placement Services Unit will refer cases to the placement facility based on the recommendations of the judiciary and the department's Case Planning and Review Committee. Placement Services will also monitor the cases during the placement period. The Juvenile Department does not anticipate an impact on operations and inaintenance as a result of these actions.
This request conforms to the Dallas County Strategic Plan - Vision 3, Dallas County is safe, secure, and prepared by expanding disposition alternatives with regard to residential treatment for youth/families involved in the juvenile justice system.
Legal Information: An amendment to the Dallas County Juvenile Department's contract with Rite of Passage, Inc. was prepared by Contract Services. The amendment has been reviewed and approved by Joel Winful, Assistant District Attorney, Civil Section. The signature of the Chairman of the Juvenile Board is required on the contract amendment. The contract amendlnent document is included in this briefing as Attachn~ent Two. This amendment will also be presented for Commissioners Court approval.
The Assistant District Attorney has reviewed the contract renewal process, and determined that during renewal years it is not necessary to re-issue new contracts, and thus no signatures were required for the contract renewal process. However, in order to implement the new rate structures, a Juvenile Board Order and a Commissioners Court Order reflecting the new rate structures are required.
Financial Tmpact/Considerations: Dallas County funding will be utilized from the Juvenile Department's 51 10 budget and from grants provided by the Texas Juvenile Probation Commission and the Criminal Justice Division. This department's FY 20 1 0 baseline budget includes funding for placing 120 youth in contract residential facilities for FY 2010. The Juvenile Department will continue to increase its efforts to capture any reimbursable placement costs through Title IV- E, Medicaid, and other sources.
t'erformance Measures Impact: The Texas Juvenile Probation Commission requires that grant recipients have performance goals and objectives included in all service provider contracts. Contractors are notified of these targets and informed that their performance and individual evaluation will be based on these measures. Contract Services staff evaluates each provider's ability to achieve set performance standards as it relates to length of stay, successful program completion, and recidivism.
The contractor's performance outcome is one of several factors considered in the contract renewal and rate adjustment process. Two (2) current contractors, Minola's Place of Texas, Inc. and Pegasus Schools, Inc. each requested a rate structure increase for FY2010. Contract Services denied both requests on the basis that the contractors were placed on a corrective action plan for FY2010 to address performa~lce standards not met in FY2009.
The contract term for all residential services contracts began on October 1, 2009 and will end on September 30, 2010. The amendment of the contract with Rite of Passage, Inc. will be effective up011 Commissioner's Court approval. The Juvenile Department does not anticipate any program interruptions as a result of this action.
MWBE Information: M/WBE is not applicable to rate structures for residential services contracts or the contract amendment process.
FY2OIO Rate Structure and Rite of Passage, Inc. Contract Amendment No. I Page 4
Recommendation: It is recommended that the Dallas County Juvenile Board approve the Juvenile Department's request to revise the rate structure for residential services contracts for FY 2010. It is also recommended that the Dallas County Juvenile Board approve the request to amend the contract wit11 Rite of Passage, Inc. to allow for shared responsibility of transportation cost related to adxnissions and discharges of Dallas County youth from the contractor's placement facility and authorize the Chairman of the Juvenile Board to sign the contract amendment documents on behalf of the Board.
Recommended by:
ATTACHMENT ONE
Dallas County Juvenile Department Residential Contract Services Rate Comparison for FU2009 & FU2010
Center for Success & Indepe
heran Social Se
* = The FY2009 reimbursement rate will be adjusted down by 9% for FY2010 to match the TDFPS rate structure.
for FY2010 for failure to meet the department's standards for recidivism and successful discharge rates.
Nexus Recovery Center, Inc. 2009 1 $87.99 1 $126.49 1
egasus Schools, Inc.
** = Request for $5.00 rate increase rejected due to the contractor being placed on a corrective action plan for FY2010 for failure to meet the department's standards for successful discharge rate and length of stay.
ATTACHMENT TWO CONTRACT AMENDMENT NO. 1
TO THE CONTRACT FOR RESIDENTIAL SERVICES
BETWEEN
DALLAS COUNTY JI_TVENILE DEPARTMENT, (""SUVENILE DEPARTMENT")
AND
MTE OF PASSAGE, INC. ("Contractor")
WHEREAS, pursuant to the Dallas County Commissio~lers Court Order No: 2008-2375 dated December 16, 2008, Rite of Passage, Inc. entered into a contract (the "Original Contract") with Dallas County for the purpose of providing residential treatment services to juvenile offenders under the Juvenile Department's jurisdiction.
NOW THEREFORE, by execution of this Contract Amendment No. 1, the Original Contract is amended hereby with respect to the Sections and Paragraphs described below:
I. PURPOSE
Contract Alne~ldinent No. 1 amends the Original Contract to allow for Dallas County and the Contractor to share the expenses related to transporting youth to and from the Contractor's facility for the purposes of admission and discharge. The Contractor shall be responsible for all expenses related to the transportation of Dallas County youth to the Contractor's facility for admissions and Dallas County shall be responsible for all expenses related to the transportation of Dallas County youth to Dallas County upon discharge froin the Contractor's facility.
TI. EFFECT OF AMENDMENT
By execution of this Contract Amendment No. 1, the Original Contract as approved by Dallas County Commissioners Court Order No. 2008-2375 is hereby amended with respect to the Sections and Paragraphs described below. No other sections, provisions, clauses or conditions of the original contract are waived or changed hereby, and they shall remain in full force and effect throughout the term of the original contract and any duly authorized extensions.
111. AMENDED PROVISIONS
Section 7 . Obligations of Contractor
Paragraph listed below is added as follows:
M. Contractor shall be responsible for all transpodation cost related to the youth's admission into the Coi~tractor's facility and trallsportatio~i incidental to the care of the Client, including medical and dental visits, and for furlougl~s from placement. Contractor may request that parents contribute to transportation costs for furloughs from placement.
Rite of Passage Inn., Contr*act Amendment No. 1
Section 11.
Paragraph listed below is revised as follows:
D. Juvenile Department shall be responsible for all transportation cost related to the youth's discharge from the Contractor's facility. Reimbursement for transportation costs must be approved in advance by a member of Juvenile Departmelit Contract Services staff.
IV. ACCEPTANCES
By their acceptances below, the representatives of the Dallas County Juvenile Department, Dallas County and Contractor executing this Contract Amendment No. 1 represent that they are duly authorized to amend the contract on behalf of their party and to validly bind their pasty to all terms, conditions, performances and provisions set forth herein.
EXECUTED IN QUADRUPLICATE ORIGINALS, THIS DAY OF 9 2009
DALLAS COUNTY: CONTRACTOR:
Ji~n Foster Dallas County Judge
RECOMMENDED:
Mike Griffiths, Director Dallas Couilty Juvenile Department
APPROVED AS TO FO
S. James Broman, President Rite of Passage, Inc.
Judge Cheryl L. Shannon, Chairman Dallas County Juvenile Board
Bob Schell, Assistant District Attorney Chief, Civil Division
*By la\+. the Dallas County District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval. and should seek review and approval by their own respective attorney(s).
Texas Health and Human Services Commissisn 24-Hour Residential Child Care Facilities Rates
Texas Health and Human Services Commission (HHSC) developed following payment rates for the 24-Hour Residential Child Care (Foster
re) program operated by the Department of Family and Protective ervices (DFPS). HHSC authorized DFPS to implement these
ecommended payment rates effective September 1, 2009
24-Hour Residential Child Care Rates
Service Level FY 201 0-201 I
Basic Child Placing Agency $39.52
Basic Foster Family $22.15
Basic Residential Treatment Facility $42.18
Moderate Child Placing Agency
Moderate Foster Family
Moderate Residential Treatment Facility
Specialized Child Placing $95.79 Agency
Specialized Foster Family $49.85
Specialized Residential Treatment Facility
lntense Child Placing Agency $1 75.66
Intense Foster Family $88.62
lntense Residential Treatment Facility
Emergency Shelter
Intensive Psychiatric Transit ion Program
Minimum Daily Amount to be Reimbursed to a Foster Family*
Service Level FY 2010-201 1
Basic $22.15
Moderate $38.77
Specialized
Intense $88.62
. Effective September I , 2009, the amounts above are the minimum amounts that a child-plac~ng agency must reimburse its foster families for clients receiving services under a contract with the Texas Department of Family and Protective Services.
AEEWDA TEM
SUVENILE BOARD ORDER
ORDER NO: 2009-
DATE: October 26,2009
STATE OF TEXAS 5
COUNTY OF DALLAS 8
BE: IT REMEMBERED at a regular meeting of the Juvenile Board of Dallas County, Texas, held on the 26th
day of October, 2009, on a motion made by and seconded
by , the following Order was adopted:
WHEREAS, on October 22, 2007, the Juvenile Board approved the award of a residential services contract to Incentives of Texas, Inc., under Request for Proposals (RFP) # 2007-1 15-3008; and
WHEREAS, the original contract tern was for FY 2008 with an option to renew the contracts for four additional twelve month periods, if the agency meets all contractual obligations and operates an effective program as determined by this department; and
WHEREAS, the name of Incentives of Texas, Inc. has been officially changed to Brazos Resource Education Academy for Kids (BREAK); and
WHEREAS, the original contract i~lcludes a provision which does not allow the contractor to transfer or assign their interests without prior written consent of the Juvenile Department; and
WHEREAS, in the interest of Dallas County, a novation agreement was developed by the Assistant District Attorney's Office that will allow the Juvenile Department to continue utilizing this contractor as a residential placement option under the new name; and
WHEREAS, the novation agreement in no way discharges BREAK from obligations as described in the original contract; and
WHEREAS, BREAK will continue to offer the same services for Dallas County youth and adhere to all requirements of the original contract; and
WHEREAS, this agreement requires the signature of the Chairman of the Juvenile Board and the Dallas County Judge; and
WHEREAS, this request conforms to the Dallas County Strategic Plan - Vision 3: DaNas Coung is safe, secure, and prepared, as evidenced by the coordination of programs and systems to impact crime.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Juvenile Board of Dallas County approves the novation agreement with Brazos Resource Education Academy for Kids and that the Chairman of the Juvenile Board be authorized to sign the novation agreement on behalf of the Juvenile Board.
DONE IN OPEN BOARD MEETING, this the 26"' day of October, 2009.
Recommended by: Approved By:
Director of Juvenile Services Judge Cheryl Shannon, Chairman Dallas County Juvenile Board
as County JUVENILE DEPARTMENT
MEMORANDUM
Date: October 14, 2009
To: Dallas County Juvenile Board
From: Michael K. Griffiths, Director
Re: Novation Agreement with Brazos Resource Education Academy for Kids, forrnallv incentives of Texas, Inc.
On October 22, 2007, the Juvenile Board approved the award of a residential services contract to lncentives of Texas, lnc., under Request for Proposals (RFP) #: 2007-1 15-3008. lncentives of Texas, Inc. has officially changed its name to Brazos Resource Education Academy for Kids (BREAK). The purpose of this briefing is to secure the Juvenile Board's approval for the novation agreement with Brazos Resource Education Academy for Kids.
The novation agreement in no way discharges BREAK from obligations as described in the original contract. Brazos Resource Education Academy for Kids (BREAK) will continue to offer the same services for our youth and assume all requirements of the original contract, but under a new name.
Impact On Operations And Maintenance:
The Contract Services unit administers and monitors the contract. The Contract Services Unit will continue to review this program and evaluate its effectiveness.
Strategic Plan Compliance:
This request conforms to the Dallas County Strategic Plan - Vision 3: Dallas County is safe, secure, and prepared, as evidenced by the coordination of programs and systems to impact crime. Specifically, the current request represents an adequate allocation of juvenile justice resources around Dallas County there by maximizing the effectiveness of Dallas County's criminal justice resources.
The original contract with incentives of Texas, Inc. contains a provision which does not allow the contractor to transfer or assign its interests without prior written consent of the Juvenile Department. Joel Winful, Assistant District Attorney, Civil Section, reviewed the notification of the service provider's name change and determined that it is not necessary to re-issue a new contract. Joel Winful, Assistant District Attorney, Civil Section, provided guidance that will allow us to continue utilizing this service provider under the new name, Brazos Resource Education Academy for Kids through a novation agreement. In addition, in compliance with Dallas County's policy on vendor insurance, the contractor has provided evidence of insurance coverage that meets the County's requirements. As such, a draft of the novation agreement is included in this brief as Attachment One.
2600 Lone Star Drive, Box 5 DaHIas, Texas 75212 (21 4) 688-2200
Novation Agreement with BREAK and Incentives of Texas, Inc. Page 2
The novation agreement requires the signature of the Chairman of the Juvenile Board and the Dallas County Judge.
Financia! ImpactlConsiderations:
The contract will continue to be funded through the Juvenile Department's general budget (51 10) and grants provided by the Texas Juvenile Probation Commission (TJPC). No additional funds will be required from the Juvenile Department budget or Dallas County General funds.
Performance Measures Impact:
The Juvenile Department set FY 2010 performance goals and objectives (i.e., length of stay, successful program completion, and recidivism rates) as targets for this agency. A copy of the FY2009 Performance Summary for this program is included in this briefing as Attachment Two.
Project Schedule/lmplementation:
The original contract term was for FY 2008 with an option to renew the contract for four additional twelve month periods, if the agency meets all contractual obligations and operates an effective program as determined by this department. We do not anticipate any service interruptions as a result of this change.
MNVBE Information:
As required by Dallas County policy, the contractor submitted MNVBE documentation in its response to RFP # 2007-115-3008. The contractor's participation commitment to the MNVBE process is reviewed by Dallas County's Minority Affairs Officer to ensure compliance. Included in this briefing as Attachment Three, is the contractor's updated Vendor Statistical Report for FY2010.
Recommendation:
It is recommended that the Dallas County Juvenile Board grant the Juvenile Department's request to approve the novation agreement with Brazos Resource Education Academy for Kids and that the Chairman of the Juvenile Board be authorized to sign the novation agreement on behalf of the Dallas County Juvenile Board.
Recommended by:
2600 Lone Star Drive? Box 5
Michael K. Griffiths,Ldirector
Dallas, Texas 75212
THE STATE OF TEXAS ) ATTACHMENT ONE
NOVATION AGREEMENT COUNTY OF DALLAS )
WHEREAS, Dallas County by written notification has been informed that lncentives of Texas, lnc., has amended its Articles of Incorporation through the Texas Secretary of State effective December 31, 2008, officially changing its name, and is now Brazos Resource Education Academy for Kids, while retaining the same management and staff, and providing the same residential youth education and counseling services;
WHEREAS, on December 1, 2007, the Dallas County Commissioners Court, on behalf of the Dallas County Juvenile Board, awarded a contract for residential counseling services for the Dallas County Juvenile Department to lncentives of Texas, lnc. for a one (1) year period with four (4) one-year options, and ;
WHEREAS, the parties have agreed to accept Brazos Education Academy for Kids as the contractor to Dallas County;
NOW THEREFORE this agreement is made this the 14th day of October, 2009, between Brazos Resource Education Academy for Kids, whose address is 7146 Highway 60, Wallis, TX 77485 (formerly lncentives of Texas, Inc.) and Dallas County on behalf of the Dallas County Juvenile Department in care of the Dallas County Judge, Administration Building, 411 Elm Street, Dallas, Texas 75202.
The parties agree that a contract awarded by Dallas County Commissioners Court by Court Order No. 2007-2428 dated December 4, 2007, was made between lncentives of Texas, Inc. and Dallas County, and that lncentives of Texas, Inc. has now become Brazos Resource Education Academy for Kids, and Dallas County has agreed to recognize and accept the continued performance of the vendor under its new name upon the terms of Brazos Education Academy for Kids undertaking to perform the said Contract and to be bound by its terms;
IT IS FURTHER AGREED AS FOLLOWS:
1 UNDERTAKING OF SUBSTITUTE CONTRACTOR: Brazos Resource Education Academy for Kids will undertake to provide services as indicated on the attached contract and be bound by the terms the contract in all respects as if Brazos Resource Education Academy for Kids were an original party to said Contract in lieu of lncentives of Texas, Inc., including but not limited to assumption of all liabilities, terms and conditions of the original Contract and to be responsible for all acts of negligence in the execution or performances of service in connection there with.
2. RELEASE OF COUNTY: Brazos Resource Education Academy for Kids (formerly lncentives of Texas, Inc.) does hereby certify and agree that Dallas County, Texas, has fulfilled any and all obligations to lncentives of Texas, Inc. arising out of or from the Contract for residential counseling services to the Juvenile Department, and does hereby release Dallas County from any and all liability to lncentives of Texas, Inc. arising from said Contract.
3 AUTHORITY: Each party executing this agreement warrants and represents that such party has full authority and is authorized by either Dallas County Commissioners Court Order or by
Novation Agreement for Brazos Resource Education Academy for K ~ d s - Page 1
Corporate resolution to execute this document and that the same is the act of either Dallas County or said Corporation.
4. Brazos Resource Education Academy for Kids (formerly lncentives of Texas, Inc.) warrants that it is a corporation or business entity that is franchised or lawfully registered to do business in the State of Texas and is not delinquent in the payment of any franchise tax owed to the State of Texas.
In Witness Whereof, the parties have signed this agreement in quadruplicate originals
on , 2009.
COUNTY OF DALLAS, TEXAS
Jim Foster, County Judge
BRAZOS RESOURCE EDUCATION ACADEMY FOR KIDS (formerly lncentives of Texas, Inc.)
Brad Austin Chief Operating'Officer
RECOMMENDED:
BY: Michael K. Griffiths, Director Dallas County Juvenile Department
APPROVED AS TO FORM:
ATTESTED TO:
By:
Title:
SEAL
BY: Robert Schell Assistant District Attorney Chief, Civil Division
"By law, the District Attorneys' Office may only advise or approve Agreemerits or legal documents on behalf of its Clients. It may not advise or approve an Agreement or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our Client. Our approval of this document was offered solely for the benefit of our Client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorneyis).
Novat~on Agreement for Brazos Resource Education Academy for Kids - Page 2
ATTACHMENT TWO
FY 2009 RESIDENTIAL SERVICE CONTRACTORS ANCE SUMMARY
EVALUATION PERIOD: AUGUST 1,2008 - JULY 31,2009 (Note: Total recld~vlsm rate for the perlod of 01/01/2008 - 12/3 1/09 also ~r?cludecl.)
TOTAL NUMBER OF YOUTH SERVED
ZONTRACTOR:
~ E R V I C E CATEGORY:
I
/ / Total Number Admitted Total Number Discharged
Brazos Resource Education Academy for Kids (formally, Incentives of Texas, Inc.
Residential Treatment -A
PROFILE OF POPULATION SERVED
Level of Involvement In Juvenile Justice System
Average Age At 1'1 ogram Admiss~on:
Average Age At 1 st Referral 'To DCJD:
Average Kurnbe~ of PI-lor Referrals:
Average Yurnber of Prior Felony Referrals.
Average Numbel o f Pr to~ Tech Violation Referrals.
I: R C C I ~ I V I S I I ~ mcasused as a no\\: refcrsal up to I SO days aficr rhc yo~rtI1.s dischar-gc ciatc. iuciitl-al d~scI la~.ges excluded from dna ly s~s
I>C.ID Standal-d Icngth oi'sray for this , u i ~ i c c catc2or.y is: 270 days,
Indicates no data a ~ a i l i ~ b l e for the rc\Ie\v period
08/01/08 - 07/3 1 /09
15.2 --
12.9
4.3
0.8
1 . 1
PROGRAM IMPACT
Outcotrte hleasul-es
Total Recidivism*:
Percentage ( % I ) of SLICC. Discharges:
Length of Stay ** for Succ. Discharges:
IICJL) 3-)'ear-
ATTACHMENT THREE
5. Vendor Statistical Report (pnmelsubs performing 219% of initiative)
11 COMPANY NAME: I1
Wallis, TX 77485
Chief Operating Officer
AGENDA TEM
JUVENILE BOARD ORDER
ORDER NO: 2009 - xxx
DATE: October 26,2009
STATE OF TEXAS 5
COUNTY OF DALLAS 5
RE IT REMEMBERED at a regular meeting of the Juvenile Board of Dallas County, Texas, held on the 26th
day of October, 2009, on a motion made by and
seconded by , the following Order was adopted:
WHEREAS, as a recipient of grant funds from the Texas Juvenile Probation Commission (TJPC), the Juvenile Department is required to conduct an independent financial compliance audit of funds received from TJPC under the State Financial Assistance Contract; and
WHEREAS, the Texas Juvenile Probation Commission requires that the audit be prepared in accordance with Generally Accepted Auditing Standards, Governmental Auditing Standards, and TJPC's audit requirements; and
WHEREAS, the Dallas County Juvenile Board must approve the engagement of the independent auditor as well as approve the annual financial audit upon its completion; and
WHEREAS, Deloitte and Touche LLP, the independent auditor for Dallas County, conducted the TJPC 2008 annual financial audit, and has submitted an engagement letter to complete the TJPC 2009 annual financial audit; and
WHEREAS, the Dallas County Auditor's Office will review the TJPC annual audit upon completion and advise if the audit meets TJPC requirements prior to presenting the audit for the signature of the Chairman of the Juvenile Board; and
WHEREAS, the TJPC annual financial audit, conducted by the Deloitte and Touche LLP, will be provided to the Juvenile Board at the February 201 0 meeting; and
WHEREAS, the current proposal is consistent with Dallas County's Strategic Plan as evidenced by Vision 3: Dallas is safe, secure, and prepared, as the current request is symbolic of leveraging the impact in the County by irrzplenzenting best practices.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Juvenile Board of Dallas County ratifies the engagement letter submitted by Deloitte and Touche LLP authorizing completion of the Texas Juvenile Probation Commission's annual financial audit, and authorizes the Chairman of the Juvenile Board to sign related documents or1 behalf of the Board.
DONE IN OPEN BOARI) MEETING this the 26th day of October, 2009.
Recommended by: Approved by:
Michael K. Griffiths; Mector Dallas County Juvenile Department
Judge Cheryl Shannon, Chairperson Dallas County Juvenile Justice Charter School Board
as Coun ILE DEPARTMEN
Date: October 14,2009
To: Dallas County Juvenile Board
From: Michael K. Griffiths, Director
As a recipient of grant funds from the Texas Juvenile Probation Commission (TJPC), the Juvenile Department is required to conduct an independent financial compliance audit of funds received from TJPC under the State Financial Assistance Contract. The Texas Juvenile Probation Commission requires that the audit be prepared in accordance with Generally Accepted Auditing Standards, Governmental Auditing Standards, and TJPC's audit requirements. The audit must include specific financial assurances, an opinion on whether or not the grantee complied with the applicable assurances, as well as a summary of all material instances of non-compliance and an identification of the total amount of funds in question for each assurance.
The Dallas County Juvenile Board must approve the engagement of the independent auditor as well as approve the annual financial audit upon its completion. Deloitte and Touche LLP, the independent auditor for Dallas County, conducted the TJPC 2008 annual financial audit and has submitted an engagement letter to complete the TJPC 2009 annual financial audit. Attached is a copy of this letter and its appendices for the Juvenile Board's review. It is noted that upon receipt of the letter, Deloitte and Touche LLP indicated that the letter of engagement was needed prior to the Juvenile Board meeting, and consequently, the letter of engagement was endorsed. As such, the purpose of this briefing is to ratify the engagement letter submitted by Deloitte and Touche LLP to conduct the TJPC 2009 annual financial audit.
Impact On Operations And Maintenance:
The County Auditor will review the TJPC 2009 annual financial audit to ensure that all TJPC requirements have been met. The audit results will be briefed after the audit's anticipated completion in February 201 0.
According to the TJPC General Grant requirements, this audit must be approved by the Juvenile Board and submitted to TJPC no later than March 1, 201 0. Deloitte and Touche LLP is in the fifth and final year of a five year contract as Dallas County's independent auditor.
Strate~ic Plan Compliance:
The current proposal is consistent with Dallas County's Strategic Plan as evidenced by Vision 3: Dallas is safe, secure, and prepared, as the current request is symbolic of leveraging the impact in the County by implementing best practices.
2600 Lone Star Drive Dallas, TX 75212 Phone: (214) 698-2200
TJPC 2009 Aiznual Financial Audit Page 2
The Juvenile Board is responsible for the preparation and submission of the annual audit and responding to any subsequent review by TJPC, if requested.
Deloitte and Touche LLP estimates the total fees for the financial audit for the TJPC audit to be $16,735, representing a near 12% decrease below the 2008 financial audit. It is noted that the fee for the 2008 audit was $18,972. The fee for the audit is based on the amount of time required at various levels of responsibility, including Deloitte and Touche LLP1s assumption of any risks associated with findings. The cost of the audit will be funded from Dallas County funds.
Recommendation:
It is recommended that the Dallas County Juvenile Board ratify the engagement letter submitted by Deloitte and Touche LLP for the Dallas County Juvenile Department's Texas Juvenile Probation Commission annual financial audit, and authorize Judge Cheryl Lee Shannon, as Chairman of the Juvenile Board, to sign the engagement letter on behalf of the Board.
Recommended by: Michael K. Griffitks, ~ i ' k e h r
September 30, 2009
Judge Cheryl Lee Shannon Dallas County Juvenile Board Henry Wade Juvenile Justice Center 2600 Lone Star Drive Dallas, Texas 75212
Deloi t te & Touche LLP JPMorgan Chase Tower 2200 Ross Avenue, Su~ te 1600 Dallas, TX 75201 -6778 USA
Tel: + I 214 840 7000 www.deloi t te.com
Mr. Mike Griffiths, Director Dallas County Juvenile Department Henry Wade Juvenile Justice Center 2600 Lone Star Drive Dallas, 'Texas 752 12
Dear Judge Shannon and Mr. Griffiths:
Deloitte & Touche LLP ("D&T'' or "we" or "us") is pleased to serve as independent auditors for Dallas County Juvenile Justice Charter School ("Charter School") and the Texas Juvenile Probation Commission Grant Funds of Dallas County, Texas ("TJPC"). Wc understand that the Charter School and TJPC are under the oversight of the Dallas County Juvenile Board (the "Board"). Ms. Reem Samra will be responsible for the services that we perform hereunder.
I n addition to the audit services we are engaged to provide under this engagement letter, we would also be pleased to assist the Charter School and the Board on issues as they arise throughout the year. Hence, we hope that you will call Ms. Samra whenever you believe D&T can be of assistance.
The services to be performed by D&T pursuant to this engagement are subject to the terms and conditions set forth herein and in the accompanying appendices. Such terms and conditions shall be effective as of the date of the comlnencernent of such services.
Audit of Financial Statements
Our engagement is to perform the audits in accordance with auditing standards generally accepted in the United States of America ("generally accepted auditing standards") and standards applicable to financial audits contained in Governmerit Auditing Standards, issued by the Comptroller General of the United States ("generally accepted government auditing standards"). The objectives of an audit conducted in accordance with the aforementioned standards are to:
Express an opinion on the fairness of the presentation of the Charter School financial statements for the year ended August 3 1 , 2009 in confonnity with accounting principles generally accepted in the United States of America ("generally accepted accounting principles9'), in all inaterial respects, and to disclaim an opinion on the required supplementary information such as management discussion and analysis.
r Express an opinion on the fairness of the presentation of the financial statements for TJPC Grant funds for the year ended August 3 1,2009 in conformity with the regulatory basis of accounting as prescribed by the Texas Juvenile Probation Commission
Member of Deloitte Touche Tohmatsu
+ Express an opinion on whether the supplementary information that accompanies the financial statements is presented fairly, in all material respects, in relation to the financiai statements taken as a whole
Report on the Charter School's and the 'ITJPC's internal control over financial reporting and on its compliance with certain provisions of laws, regulations, contracts, and grarlt agreements and other matters for the year ended August 3 1,2009 based on an audit of financial statements performed in accordance with the standards applicable to financial audits contained in Generally Accepted Gover~zrne~zt Auditing Standards
Report, as required by the Texas Juvenile Probation Commission (for TJPC oi~ly), on compliance, which will include tests of transactions related to state award programs, for compliance with applicable laws and regulations for the year ended August 3 1 , 2009 based on an audit of financial statements performed in accordance with the standards applicable to financial audits contained in Gel~erally Accepted Governr~7erlt Az{diting Standnrds.
Appendix A contains a description of an audit under generally accepted auditing standards and generally accepted government auditing standards.
Our ability to express opinions and the wording thereof will, of course, be dependent on the facts and circumstances at the date of our reports. If, for any reason, we are unable to complete the audits or are unable to form or have not formed opinions, we may decline to express opinions or decline to issue reports as a result of this engagement. If we are unable to complete our audits or if the reports to be issued by D&T as a result of this engagement requires modification, the reasons therefor will be discussed with the Charter School and TJPC management and the Board.
Our report on the Charter School and TJPC internal controls and compliance and other matters will state that it is intended solely for the information and use of the Board, management, and state awarding agencies and is not intended to be and should not be used by anyone other than the specified parties.
Management's Responsibilities
Appendix B describes management's responsibilities for (1) the financial statements and all accompanying information, (2) representation letters, (3) independence matters relating to providing certain services, and (4) independence matters relating to hiring.
The Board's Responsibilities
As independent auditors of the Charter School and TJPC, we acknowledge that the Board is directly responsible for the appointment, compensation, and oversight of our work and, accordingly, except as otherwise specifically noted, we will report directly to the Board. You have advised us that the services to be performed under this engagement letter, including, where applicable, the use by D&T of affiliates or related entities and the use by D&T of subcontractors in connection with this engagement, have been approved by the Board in accordance with the Board's established preapproval policies and procedures. Additionally, the Board is responsible for informing us of its views about the risk of fraud within the Charter School and TJPC and its knowledge of any fraud or suspected fraud affecting the Charter School and TJPC.
Communications With the Board
Appendix C describes various matters that we are required by generally accepted auditing standards and geilerally accepted government auditing standards to con~municate with the Board and management.
Fees
Appendix D includes an estimated timetable for the services included in this engagement letter. Our fees for these services are based on the amount of time required at various levels of responsibility. Financial audit for Dallas County funds administered by the Dallas County Juveniie Probation Department is estimated to be $16,735. Financial audit for Charter School is estimated to be $47,900.
The estimate of our fees is based on certain assumptions, To the extent that certain circumstances, as listed in Appendix E, arise during the engagement, our fee estimate may be significantly affected and additional fees may be necessary. We will notify you promptly of any circumstances we encounter that could significantly affect our estimate and discuss with you any additional fees, as necessary. Additional services provided beyond the described scope of services will be bi!led separately.
Access to Working Papers by Regulators
In accordance with the requirements of generally accepted government auditing standards, we are required to make all audit-related documents, including auditor's reports, working papers, and management letters, available to a federal agency or the Comptroller General of the United States upon their request for their regulatory oversight purposes. If such a request is made, we will infonn you prior to providing such access. The working papers for this engagement are the property of DtkT and constitute D&TYs confidential information. We may request confidential treatment of D&T information. If we are requested to make photocopies of audit-related documents, we will maintain cor:trol over duplication of all information. The Charter School & TJPC hereby grants us permission to provide access to and to make and permit others to make photocopies of all audit-related documents, including auditor's reports, working papers, and management letters, to representatives of the United States Government Accountability Office (GAO) or other appropriate government audit staffs. D&T may require its personnel to supervise the photocopying of audit-related documents and may specify the location at which such documents may be photocopied. All professional and administrative services relating to such access (including photocopying) will be charged as an additional expense to the engagement. The working papers relating to this audit will be retained by us for a minimum of three years from the date of the reports issued, or such longer period as required to satisfy legal and administrative requirelnents.
Inclusion of D&T Reports or References to D&T in Other Documents or Electronic Sites
If either of the Charter School or TJPC intends to publish or otherwise reproduce in any document our report on the financial statements, or otherwise make reference to D&T in a document that contains other information in addition to the audited financial statements (e.g., in a periodic filing with a regulator, in a debt or equity offering circular, or in a private p1acemer.t
memorandum), thereby associating D&T with such document, the Charter School and TJPC agree that its management will provide D&T with a draft of the document to read and obtain our approval for the inclusion or incorporation by reference of our report, or the reference to D&T, in such document before the document is printed and distributed. 'The inclusion or incorporation by reference of our report in any such document would constitute the reissuance of our report. The Charter School and TJPC also agree that its management will notify us and obtain our approval prior to including our report on an electronic site.
Our engagement to perform the services described herein does not constitute our agreement to be associated with any such documents published or reproduced by or on behalf of the Charter School and TJPC. Any request by the Charter School and TJPC to reissue our report, to consent to its inclusion or incorporation by reference in an offering or other document, or to agree to its inclusion on an electronic site will be considered based on the facts and circumstances existing at the time of such request. The estimated fees outlined herein do not include any services that would need to be performed in connection with any such request; fees for such services (and their scope) would be subject to the mutual agreement of the Board and D&T at such time as D&T is engaged to perform the services and would be described in a separate engagement letter.
This engagement letter, including the appendices atlached hereto and made a part hereof, constitutes the entire agreement between the parties with respect to this engagement and supersedes all other prior and contemporaneous agreements or understandings between the parties, whether written or oral, relating to this engagement.
If the above terms are acceptable and the services outlined are in accordance with your understanding, please sign the copy of this engagement letter in the space provided and return it to us.
Yours truly,
Accepted and agreed to by Dallas County Juvenile Board:
By:
Date:
Accepted and agreed to by the Dallas County Juvenile Department:
By: A// ~ A - > ~ f d f /
Title
Date:
APPENDIX A
DESCRIPTION OF AN AUDIT UNDER GENERALLY ACCEPTED AUDITING STANDARDS AND GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS Dallas County Juvenile Board Year Ended August 31,2009
Our Responsibilities
Our responsibilities under generally accepted auditing standards and generally accepted government auditing standards include:
Forming and expressing an opi~iion about whether the financial statements of the Charter School that have been prepared by management with the oversight of the Dallas County Juvenile Board are presented fairly, in all material respects, in confor~nity with generally accepted accounting principles
r Forming attd expressing an opinion on the fairness of the presentation of the financial statements for TJPC Grant funds for the year ended August 3 1,2009 in conformity with the regulatory basis of accounting as prescribed by the Texas Juvenile Probation Commission
Forming and expressing an opinion on whether the supple~nentary infor-rrlation that accompanies the financial statements is presented fairly, in all material respects, in relation to the financial statements taken as a whole
Reporting on the Charter School's and the TJPC's internal control over financial reporting and on its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters for the year ended August 3 1,2009 based on an audit of financial statements performed in accordance with the standards appiicable to financial audits contained in Gerzerally Accepted Government Auditing Smndards
The audit of the financial statements does not relieve management or the Board of their responsibilities.
Components of an Audit in Accordance With Generally Accepted Auditing Standards and Generally Accepted Government Auditing Standards
An audit iricludes the following:
Obtaining an understanding of the Charter School and TJPC and its environment, iiicitiding internal control, sufficient to assess tile risks of material misstatement of the financial statements and to design the nature, timing, and extent of further aridit procedures
Consideration of internal control over financial reporting, as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiverless of the Charter School's and TJPC's internal conti-oi over financial reporting
Examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements
Inquiring directly of the Board regarding its views about the risk of fraud and whether the Board has knowledge of any fraud or suspected fraud affecting the Charter School and TJPC
a Assessing the accounting principles used and significant estimates made by management
Evaluating the overall financial statement presentation
We will also perform tests of the Charter School's and TJPC's compliance with certain provisions of laws, regulations, and the provisions of contracts or grant agreements, However, it is not our objective to provide an opinion on overall compliance with those provisions, and, accordingly, we will not express such an opinion.
Generally accepted accounting principles provide for certain required supple~nentary information ("RSI"), such as management's discussion and analysis, to accompany the financial statements. As part of our engagement, we will apply certain limited procedures to the Charter School's RSI. Those limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management will affirm to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with our procedures relating to it, we will disclaim an opinion on the RSI.
Supplementary information other than RSI, such as the combining statement of revenues, expenditures, and changes in fund balance also accompany the financial statements. We will subject all supplementary information that is financially oriented to the audit procedures applied in our audit of the financial statements and render our opinion on whether that information is fairly presented, in all material respects, in relation to the financial statements taken as a whole. We will disclaim an opinion on supplementary information that coinprises nonaccounting information or accounting information not directly related to the financial statements. We will also make specific inquiries of management about supplementary information, which management will affirm to us in its representation letter.
Reasonable Assurance
We will plan and perform our audit to obtain reasonable assurance about whether the financial statements for each opinion unit are free of material misstatement, whether caused by error or fraud, and we will perform tests of the Charter School's and TJPC's compliance with certain provisions of laws, regulations, contracts, and grants. However, because of the characteristics of fraud, a properly planned and performed audit may not detect a material misstatement. Therefore, an audit conducted in accordance with generally accepted auditing standards is designed to obtain reasonable, rather than absolute, assurance that the financial statements are free of material misstatement. An audit is not designed to detect error or fraud that is immaterial to the financial statements, nor is it designed to provide assurance on internal control or to identify deficiencies in internal control or to detect immaterial instances of noncompliance.
"'I' '
APPENDIX €3
MANAGEMENT'S RESPONStBlLITIES Dallas County Juvenile Board Year Ended August 32,2009
Financial Statements, Internal Control, and Compliance
The overall accuracy of the financial statements and all accompanying information and their conforn~ity with generally accepted accounting principles for the Charter School and regulatory basis of accounting for TJPC Grant funds is the responsibility of the Board's management. In this regard, management has the responsibility for, among other things:
Selecting and applying the accounting policies
9 Establishing and maintaining effective internal control over financial reporting and compliance with laws, regulations, and provisions of contracts or grant agreements
Designing and implementing programs and controls to prevent and detect fraud
Identifying and ensuring that the Charter School and TJPC complies with the laws and regulations applicable to'its activities and the provisions of contracts or grant agreements, and informing us of any known material violations of such laws, regulations, or provisions
Adjusting the financial statements to correct material misstatements
* Making all financial records and related information available to us
Taking timely and appropriate steps to remedy fraud, illegal acts, violations of provisions of contracts or grant agreements, or abuse that we report
Having a process to track the status of audit findings and recommendations
Identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives of our audit and the corrective actions taken to address significant findings and recommendations
Representation Letters
We will make specific inquiries of the Board's management about the representations embodied in the financial statements and all accompanying information Additionally, we will request that management provide to us the written representations the Charter School and TJPC is required to provide to its independent auditors under generally accepted auditing standards. As part of our audit procedures, we will request that management provide us with a representation letter that includes, among other things:
r Acknowledgment of management's responsibility for the preparation of the financial statements and all accompanying inforr~~ation
r Acknowledgment of management's responsibility for the design and implementation of programs and controls to prevent and detect fraud
Affirmation of management's knowledge of any fraud or suspected fraud affecting the Charter School and TJPC involving management, employees who have significant roles in internal control over financial reporting, and others where the fraud could have a material effect on the financial statements
Affirmation of management's knowledge of any allegations of fraud or suspected fraud affecting the Charter School and TJPC
Affirmation of management's belief that the effects of any uncorrected financial statement inisstatements aggregated by us during the current audit engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements
We will also request that management confirm certain representations made to us during our audit. As part of our audit procedures, we will request that management provide us with a representation letter acknowledging management's responsibility for the preparation of the financial statements, all accompanying information, and for compliance with laws and regulations applicable to state award programs and affirming management's belief that the effects of any uncorrected financial statement misstatements aggregated by us during the current audit engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements for the applicable opinion units. We will also request that management confirm certain representations made to us during our audit. The responses to those inquiries and related written representations of management required by generally accepted auditing standards are part of the evidential matter that D&T will rely on in forming its opinion on the Charter SchooI's and TJPC's finailcia! statements. Because of the importance of management's representations, the Board agrees to release and, to the extent pennitted by Texas law, indemnify D&T, its subcontractors, and its personnel from all claims, liabilities, and expenses relating to our services under this engagement letter attributable to any misrepresentation by management,
Independence Matters Relating to Providing Certain Services
In connection with our engagement, D&T, management, and theBoard will assume certain roles and responsibilities in an effort to assist D&T in maintaining independence. Management of the Board will ensure that the Board has policies and procedures in place for the purpose of ensuring that the Board will not act to engage D&T or accept from D&T any service that under American Institute of Certified Public Accountants ("AICPA"), Ger~erally Accepred Governnleni Audiring Standards, or other applicable rules would impair D&T's independence. All potential services are to be discussed with Ms. Sainra.
independence Matters Relating to Miring
Management will coordinate with D&T to ensure that D&T's independence is not impaired by hiring fonner or current D&T partners, principals, or professional employees in a key position, as defined in the AICPA Code of Professio~al Conduct, that would cause a violation of the AICPA Code ofProfessional Conduct or other applicable independence rules. Any e~nployment opportunities with the County for a former or current D&T partner, principal, or professional employee sho~11d be discussed with Ms. Samra before entering into substantive employment conversations with the former or current D&T partner, principal, or professional employee.
For purposes of the preceding two paragraphs, "D&Y shall mean Deloittc & Touche LLP and its subsidiaries; Deloitte Touche Tohmatsu, its member firms, the affiliates of Deloitte & Touche LLP, Deloitte Touche Tohrnatsu and its member firms; and, in all cases, any successor or assignee.
APPENDIX C
COMMUNICATIONS WITH THE BOARD Dallas County Juvenile Board Year Ended August 31,2009
Significant Matters
We are responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to the responsibilities of the Board in overseeing the financial reporting process.
Fraud and Illegal Acts
We will report directly to the Board any fraud of which we become aware that involves senior management, and any fraud (whether caused by senior management or other employees) of which we become aware that causes a material misstatement of the financial statements. We will report to senior management any fraud perpetrated by lower level employees of which we become aware that does not cause a material misstatement of the financial statements; however, we will not report such matters directly to the Board, unless otherwise directed by the Board.
We will inform the appropriate level of management of the Board and determine that the Board is adequately informed with respect to illegal acts that have been detected or have otherwise come to our attention in the course of our audit, unless the illegal acts are clearly inconsequential.
Internal Control Matters
We will report directly to management and the Board all significant deficiencies and material weaknesses identified during the audit as required by AU 325, Communicating Internal Control Related Matters Identified in an Audit, and generally accepted governluent auditing standards. Our written communication will identify those matters considered by D&T to be significant deficiencies and those that are considered by D&T to be material weaknesses.
A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the Board's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Charter School's and TJPC's finailcia1 statements that is more than inconsequential will not be prevented or detected. A material weakness is a significant deficiency, or combination of signifi cant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected,
Other Matters
Generally accepted auditing standards and generally accepted government auditing standards do not require us to design procedures for the purpose of identifying other matters to co~nmunicate
with the Board. However, we will communicate to the Board matters required by AU 380, f i e Azlditor 's Conzn?unicafion Wifh Those C h q e d With Governance.
In planning the audit, we will follow up on known significant findings and recommet~dations from previous financial audits, attestation engagements, performance audits, or other studies that directly relate to the objectives of the current audit to determine the effect on our risk assessment and audit procedures.
As part of our audit, we will be alert to situations or transactions that could be indicative of abuse as defined by generally accepted government auditing standards, which involves behavior that is deficient or improper when compared with behavior that a prudent person would consider reasonable and necessary business practice given the facts and circumstances. This determination of abuse is subjective; generally accepted government auditing standards do not require us to provide reasonable assurance of detecting abuse, and we will not design the audit to detect abuse. However, if we become aware of indications of material abuse, we will apply procedures to ascertain whether abuse has occurred, Under generally accepted auditing standards and generally accepted government auditing standards, we may be required to directly report fraud, illegal acts, violations of provisions of contracts or grant agreements, and abuse to outside parties
We may communicate to management and the ~ o a r d on internal control, compliance, or other matters we have observed and possible ways to improve the entity's operational efficiency and effectiveness or otherwise improve its internal control or other policies and procedures. In addition, as required by generally accepted government auditing standards, our report on internal control and on compliance and other matters will include our findings of material violations of provisiorls of contracts and grant agreements and material abuse.
APPENDIX D
COORDINATION OF THE AUDIT Dallas County Juvenile Board Year Ended August 31,2009
We will plan the performance of our audit in accordance with the following estimated timetable:
Estimated Targeted for to Begin Completion
Audit Performance Schedule:
Planning
Year-end audit procedures
Board ~o~nmunications:
Report on audit of the Charter School
Report on TJPC
Communications to the Board required by AU 325 and AU 380
November December 2009 2009 December January / 2009 February
201 0
January 2010
February 2010
February 201 0
APPENDIX E
CfRCUMSTANCES AFFECTING TIMING AND FEE ESTIMATE Dallas County Juvenile Board Year Ended August 31,2009
The fees quoted for the audit are based on certain assumptions. Circulnstances may arise during the engagement that may significantly affect the targeted completion dates and our fee estimate. As a result, additional fees may be necessary, Such circumstances include but are not limited to the following:
Audit Facilitation
I . Changes to the timing of the engagement at the Board's request. Changes to the timing of the engagement usually require reassignment of personnel used by D&T in the performance of services hereunder. However, because it is often difficult to reassign individuals to other engagements, D&T may incur significant unanticipated costs.
2. All audit schedules are not (a) provided by the Charter School and TJPC on the date requested, (b) completed in a fonnat acceptable to D&T, (c) mathematically correct, or (d) in agreement with the appropriate Charter School and TJPC records (e.g., general ledger acco\lnts). D&T will provide the Charter School and TJPC with a separate listing of required schedules, information requests, and the dates such items are needed.
3. Significant delays in responding to our requests for information such as reconciling variances or providing requested supporting documentation (e.g., invoices, contracts, and other documents).
4, Deterioration in the quality of the Charter School's and TJPC's accounting records during the current-year engagement in cotnparison with the prior-year engagement.
5 . A completed trial balance, referenced to the supportiilg analyses and schedules and financial statements, is not provided timely by the Charter School and TJPC.
6 . Drafi financial statements with appropriate supporting documeiltation are not prepared accurately and timely by the Charter School's and TJPC personnel.
7. Electronic files in an appropriate format and containing the information requested are not provided by the Charter School and TJPC on the date requested for our use in performing file interrogation. D&T will provide the Charter School and TJPC with a separate listing of the required files and the dates the files are needed.
8. The engagement team, while performing work on the Charter School's and TJPC's premises, is not provided with high-speed access to the Internet via the Charter School's and TJPC's existing network or through a TI, DSL, or cable connection for purposes of conducting the engagement.
Significant Issues or Changes
9. Significant deficiencies or material weaknesses in the design or operating effectiveness of the Charter Scho l ' s and TJPC's internal control over financial reporting or internal control over state programs are identified during our audit that result in the expansion of our audit procedures.
10. A significant Ievei of proposed audit adjustments is identified during our audit.
1 I . A significant number of drafts of the financial statements are submitted for our review or we identify a significant level of deficiencies in the draft financial statements.
12. Significant new issues or changes as follows:
a. Significant new accounting issues,
b. Significant changes in accounting policies or practices from those used in prior years.
c. Significant events or transactions not contemplated in our budgets.
d. Significant changes in the Charter School's and TJPC's financial reporting process or IT systems.
e. Significant changes in the Charter School's and TJPC's accounting personnel, their responsibilities, or their availability.
f. Significant changes in auditing standards.
g. Significant changes in the Charter School's and TJPC's use of specialists or the specialists or their work product does not meet the qualifications required by generally accepted auditing standards for our reliance upon their work.
13. Changes in audit scope caused by events that are beyond our control.
Payment for Serv.ices Rendered
14. Without limiting its rights or remedies, D&T may halt or terminate its services entirely if payment is not received within 30 days of the date of the invoice.
APPENDIX F
GENERAL BUSINESS TERMS Dallas County Juvenile Board Year Ended August 31,2009
1. Independent Contractor, It is understood and agreed that D&T is an independent contractor and that D&T is not, and will not be considered to be, an agent, partner, fiduciary, or representative of the Charter School or TJPC (the "Client").
2. Survival. The agreements and undertakings of the Client contained in the engagement letter to which these terms are attached (the "eogagement letter"), together with the appendices to the engagement letter including these terms, will survive the completion or termination of this engagement.
3 . Assi~nment and Subcontracting. Except as provided below, neither party may assign, transfer, or delegate any of its rights or obligations relating to this engagement (including, without limitation, interests or claims relating to this engagement) without the prior written consent of the other parties. The Client hereby consents to D&T subcontracting a portion of its services under this engagement to any affiliate or related entity, whether located witl~in or outside of the United States. In addition, the Client hereby consents to the use by D&T of Emma Walker as a subcontractor in connection with this engagement. Professional services perfor~ned hereunder by any of U&Tys affiliates or related entities shall be invoiced as professional fees, and any related expenses shall be invoiced as expenses, unless otherwise agreed.
4. Severability. If any term of the engagement letter, including its appendices, is determined to be invalid or unenforceable, such term shall not affect the other terms hereof or thereof, but such invalid or unenforceable term shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein and therein.
5. Force Maieure. No party shall be deemed to be in breach of the engagement letter (including its appendices) as a result of any delays or non-performance directly or illdirectly resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire, epidemic or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order, or requirement of any governmental agency or autliority.
6 . Dispute Resolution. Any controversy or claim between the parties arising out of or relating to the engagement letter, including i ts appendices, or this engagement (a "Dispute") shall be resolved by mediation or binding arbitration as set forth in the Dispute Resolution Provision attached hereto as Appendix G and made a part hereof.
APPENDIX G
DISPUTE RESOLUTION PROVISION Dallas County Juvenile Board Year Ended August 31,2009
This Dispute Resolution Provision sets forth the dispute resolution process and procedures applicable to the resolution of Disputes and shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise.
Mediation: A11 Disputes shall be first submitted to nonbinding confidential mediation by written notice to the parties, and shall be treated as compromise and settlement negotiations under the standards set forth in the Federal Rules of Evidence and all applicable state counterparts, together with any applicable statutes protecting the confidentiality of mediations or settlement discussions. If the parties cannot agree on a mediator, the International Institub for Conflict Prevention and Resolution ("CPR"), at the writtell request of a party, shall designate a mediator.
Arbitration Procedures: If a Dispute has not been resolved within 90 days after the effective date of the written notice beginning the mediation process (or such longer period, if the parties so agree in writing), the mediation shall terminate and the Dispute shall be settled by binding arbitration to be held in Dallas, Texas'. The arbitration shall be solely between the parties and shall be conducted in accordance with the CPR Rules for Non-Administered Arbitration that are in effect at the time of the commencement of the arbitration, except to the extent modified by this Dispute Resolution Provision (the "Rules").
The arbitration shall be conducted before a panel of three arbitrators. Each of the Charter Scl~ool or TJPC and Deloitte & Touche LLP shall designate one arbitrator in accordance with the "screened" appointment procedure provided in the Rules and the two party-designated arbitrators shall jointly select the third in accordance with the Rules. No arbitrator lnay serve on the panel unless he or she has agreed in writing to enforce the terms of the engagement letter (includirlg its appendices) to which this Dispute Resolution Provision is attached and to abide by the terms of this Dispute Resolution Provision. Except with respect to the interpretation and enforcement of these arbitration procedures (which shall be governed by the Federal Arbitration Act), the arbitrators shall apply the laws of the State of Texas (without giving effect to its choice of law principles) in connection with the Dispute. The arbitrators shall have no power to award punitive, exemplary or other damages not based on a party's actual damages (and the parties expressly waive their right to receive such damages). The arbitrators may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition. Discovery shall be conducted in accordance with the Rules.
All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to all other parties and afford such parties a reasonable opportunity to protect their interests. Further, judgment on the arbitrators' award may be entered in any court having jurisdiction.
Costs: Each party shall bear its own costs in both the mediation and the arbitration; however, the parties shall share the fees and expenses of both the mediators and the arbitrators equally.
AGENDA TEM
DALLAS COUNTY JUVENILE JUSTICE CHARTER SCHOOL PROGRAM STATUS REPORT
October 2009
Enrollment 273 30 104 57 22
New Students 204 25 2 0 22 26
W~thdrawals 210 6 10 19 30
Avg. Daily Attendance 268 14 98 49 2 1
Avg. Daily 275 20 98 58 2 1 Enrollment
Attendance 97.45% 70.00% 100% 84.48% 100% Average
Demographics
SAU - 004 LETOT - 005 -- Category
Number / Percent
JJC - 001 I
GENDER
Number
DRC - 002 I
Female Male
GRADE Number
MED. 1 YV - 003 I
Number
AGE 1 Number I Number
48 (18%) 225 (82%)
Number
Number
Percent
Number
23 (23%) 7 (77%)
Number
Number
Number
0 (0.0%) 104 (100%)
Number
Percent
181-
ETHNlClTY Number Number I Percent
Number
0
Number / Percent Percent Number
Percent
0
Number I Percent Percent
Asian I 0 (0.0%) 1 0 (ooOh) I 0 (0.0%)
African American
Caucasian 1 27 (9.9%) 1 3 (10.0%) / 13 (12.5%)
Hispanic 1 105 (38.5%) 1 17 (56.7%) 1 37 (35.6%)
141 (51.6%) 10 (33.3%)
Native American
0 (0.0%) 0 (0.0%) I 0 (0.0%) 1
CENTRAL OFFICE & ACCOUNTABILITY UPDATE
Parental lnvolvement Initiative
In response to the suggestion of parents at the Parental Involvement Summit, the Dallas County
Juvenile Justice Charter School has decided to begin the process of organizing our uniquely
crafted version of a Parent Teacher Association (PTA) called Family Ties. Family Ties will
feature a number of programmatic activities that are geared at seeking assistance, input, and
participation from parents as we continue to enhance our educational program at the Charter
School. The Charter has already held successful parent - teacher conferences on each of the
campuses and looks forward other activities this semester geared toward increasing our overall
parental involvement. Charter Teachers and Administrative staff have already developed the
calendar of events for this semester.
Title IV Compliance
In September 2009, Dallas County Juvenile Justice Charter School attended the Title IV
Safe and Drug Free School's and Communities Coordinator's meeting. Campuses have
begun planning Red Ribbon Drug Free Week developing lessons that integrate the
importance of remaining drug free into the curriculum.
SPECIAL PROGRAMS & SERVICES UPDATE
Special Education Update
This school year has brought about change within the Special Education Department
that represents opportunities for significant development and enhancement of our special
education program. The school year began with the Dallas County Juvenile Justice Charter
School being assigned a conservator from the Texas Education Agency due to continued areas
of noncompliance from the original corrective action plan. Those areas are IEP Implementation,
Transition Requirements, and Participation in TAKS. Since the annual visit in February, 2009,
an additional concern was added pertaining to measurable goals. On September 3, 2009, after
an initial introduction with the Administrative staff and some Board representatives, Ms. Marsha
Williams, TEA appointed conservator, was introduced to the Charter's Special Education Team
and Campus/Assistant Campus Administrators.
The Special Education Program has also seen change within the staff. On October loth,
Angela W. Holiday began as the Director of Special Education. The Charter has hired two
special education teachers and a teacher's assistant
The Special Education staff has been working diligently taking on changes as a team, assisting
the students and correcting the concerns addressed in the Charter.
Charter Special Education staff have attended trainings provided by Region X Education
Service Center covering topics such as Transition and Individualized Education Plans, as well
as, ARD and Documentation procedures.
This year is a "year of change" and the Special Education Department is ready for those
changes. The staff is competent, capable, and confident that we will reach our goal of
discontinuing the RF Monitoring due to improvements made.
CAMPUS ACTIVITIES
The Charter School teachers and staff have been successfully administered the ITBS
(Iowa Test of Basic Skills) test to students to serve as a benchmark to measure student
achievement. Throughout the month of September, the Charter School staff began making
preparations for the October TAKS M-Field Test and TAKS exit-level retake examination which
takes place October 13-23, 2009.
The campuses held Hispanic Heritage celebrations recognizing the contributions of
Hispanic Americans to the United States, in addition, to incorporating the contributions of
Hispanic Americans into their lessons. The Medlock - Youth Village campus held a poster
contest for Hispanic Heritage Month and awarded a computer and printer to the winner. The
Day Reporting Center celebrated Hispanic Heritage Month by having students to give
presentations on historically significant Hispanic leaders who have contributed to both Texas
and the nation.
The Youth Village Foundation has identified a tutor to begin working with the students at
Youth Village in preparation for the GED examination. The Medlock - Youth Village campus
student body watched President Obama's speech to America's students on September 8, 2009
in all history classes. The students then discussed the speech within their next class period
discussing how they could provide positive contributions to their country. The Day Reporting
Center conducted Life Skills and Behavior Management enrichment classes and featured to
guest speakers to speak to the students.
All of the campuses are preparing for Red Ribbon Week and have identified activities to
promote the importance of students remaining drug free. In addition, all of the campuses have
developed their calendar of p rental involvement activities as a part of the Family Ties initiative.
Several administrators, staff and students at the Charter School are gearing up to
participate in the Do the Write Thing Challenge essay competition. All middle school students at
all of the campuses will be encouraged to participate in the essay contest voicing their opinions
and perspectives on non-violence and positive decision making.
AGENDA TEM H.
JUVENILE BOARD ORDER
ORDER NO: 2009 - xxx
DATE: October 26,2009
STATE OF TEXAS 5
COUNTY OF DALLAS 5
ERED at a regular meeting of the Juvenile Justice Charter School Board of Dallas County,
Texas, held on the 26th day of October, 2009, on a motion made by and
seconded by , the following Order was adopted:
WHEREAS, the Dallas County Juvenile Board was granted a charter by the State Board of Education for the operation of the Dallas County Juvenile Justice Charter School; and
WHEREAS, the Dallas County Juvenile Board serves as the Board of Education for the operation of the Dallas County Juvenile Justice Charter School; and
WHEREAS, the Texas Education Agency (TEA) requires that the Dallas County Juvenile Justice Charter Scl~ool (DCJJCS) conduct an an~~ua l financial audit; and
WHEREAS, the Dallas County Juvenile Justice Charter School Board must approve the engagement of the independent auditor; and
WHEREAS, the Texas Education Agency mandates that the Dallas County Juvenile Justice Charter School Board approve and submit to TEA the annual audit upon its completion; and
WHEREAS, Deloitte and Touche LLP, the independent auditor for Dallas County, conducted the DCJJCS's 2008 annual financial audit, and has submitted an engagement letter to complete the DCJJCS's 2009 annual financial audit; and
WHEREAS, the Dallas County Auditor's Office will review the charter school annual audit upon completion and advise if the audit meets TEA requirements prior to presenting the audit for the signature of the Chairman of the Juvenile Justice Charter School Board; and
WHEREAS, the Dallas County Juvenile Justice Charter School annual financial audit, conducted by the Deloitte and Touche LLP, will be provided to the Juvenile Board at the February 201 0 meeting.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that tile Juvenile Justice Charter School Board of Dallas County ratifies the engagement letter submitted by Deloitte and Touche LLP authorizing colnpletion of the Charter School's annual financial audit, and authorizes the Chairman of the Charter School Board to sign related documents on behalf of the Board.
DONE IN OPEN BOAFtD MEETING this the 26th day of October, 2009.
Recommended by: Approved by:
Michael K. ~riffiths,bifector Dallas County Juvenile Department
Judge Cheryl Shannon, Chairperson Dallas County Juvenile Justice Charter School Board
as Coun JUVENILE DEPARTMENT
Date: October 14,2009
To: Dallas County Juvenile Justice Charter School Board
From: Michael K. Griffiths, Director
Pursuant to the Texas Education Code (TEC) § 44.008, the Dallas County Juvenile Justice Charter School (DCJJCS) is required to conduct an annual financial audit. This audit must meet the guidelines and requirements set by the Texas Education Agency (TEA). As the school board for the Charter School, the Juvenile Board must approve the engagement of the independent auditor as well as approve the annual financial audit upon its completion. It is noted that upon receipt of the letter, Deloitte and Touche LLP indicated that the letter of engagement was needed prior to the Juvenile Justice Charter School Board meeting, and consequently, the letter of engagement was endorsed.
Deloitte and Touche LLP, the independent auditor for Dallas County, conducted the Charter School 2008 annual financial audit and submitted an engagement letter to complete the Charter School 2009 annual financial audit. Attached is a copy of this letter and its appendices for the Charter School Board's review. The purpose of this briefing is to ratify the engagement letter submitted by Deloitte Deloitte and Touche LLP to conduct the Charter School 2009 annual financial audit.
Impact On Operations And Maintenance:
The County Auditor will review the Charter School 2009 annual financial audit to ensure that all TEA requirements have been met. The audit results will be briefed in February 2010 after the audit's anticipated completion in January 201 0. According to the TEC § 44.008, this audit must be approved by the Charter School Board and submitted to TEA no later than 150 days after the end of the fiscal year. The Texas Education Agency automatically grants an additional 30 day extension of the deadline without imposing any penalties or sanctions. Deloitte and Touche LLP is in the fifth and final year of a five year contract as Dallas County's independent auditor.
Legal Impact:
The Juvenile Justice Charter School Board is responsible for the preparation and submission of the annual audit and responding to any subsequent review by TEA, if requested.
The cost of the audit will be funded through the Charter School budget. Deloitte and Touche LLP estimates the total fees for the financial audit for the Charter School to be $47,900, representing a near 12% decrease from the 2008 financial audit. It is noted that the fee for the 2008 audit was $54,300. The fee for the audit is based on the anticipated amount of time required at various levels of responsibility, including Deloitte and Touche LLP's assumption of any risks associated with findings.
2608 Lone Star Drive Dallas, TX 75212 Phone: (21 4) 698-2200
Clzarter SCIZOOI 2009 Annual Financial Audit Page 2
Recommendation:
It is recommended that the Dallas County Juvenile Justice Charter School Board ratify the engagement letter submitted by Deloitte and Touche LLP for the Dallas County Juvenile Justice Charter School's annual financial audit, and authorize Judge Cheryl Lee Shannon, as Chairman of the Charter School Board, to sign the engagement letter on behalf of the Board.
Recommended by: Michael K. Griffiths, ~ i r $ & r
AGENDA TEM m
JUVENILE BOARD ORDER
ORDER NO: 2009 - xxx
DATE: October 26,2009
STATE OF T E m S 8
COUNTY OF DALLAS 8
BE IT REMEMBERED at a regular meeting of the Juvenile Justice Charter School Board of Dallas County, Texas, held on the 26th day of October, 2009, on a motion made by and Seconded by , the following Order was adopted:
WHEREAS, the Dallas County Juvenile Board was granted a charter by the State Board of Education for the operation of the Dallas County Juvenile Justice Charter School (DCJJCS); and
WHEREAS, the Dallas County Juvenile Board serves as the Board of Education for the operation of the Dallas County Juvenile Justice Charter School; and
WHEREAS,
WHEREAS,
WHEREAS,
WHERIEAS,
WHEREAS,
WHEREAS,
Dallas County Juvenile Justice Charter School Board previously granted permission for the Dallas County Juvenile Justice Charter School to apply for the Title 11, Part D funds under the federal consolidated application; and
the Title 11, Part D funds are designed to enable schools to support the integration of educational technology into classrooms to improve teaching and learning; and
additional funds have been allocated by the American Revitalization and Recovery Act ( A m ) to expand support for schools to improve student academic achievement through the use of technology in schools as a means of ensuring that every student is technologically literate by the end of eighth grade while encouraging the effective integration of technology with teacher training and curriculum development to establish successful research-based instructional metllods; and
Dallas County Juvenile Justice Charter School Board has been authorized to receive $8,812 under the Title 11, Part D ARRA grant for fiscal year 201 0; and
it is recommended the Title 11, Part D ARRA grant funds be utilized to enhance existing technology and acquire new technology to support education reforms and improve student achievement by obtaining a server solely for charter use; and
it is recommended the Title 11, Part D ARRA grant funds be utilized to acquire connectivity linkages and resources for use by school personnel to improve academic achievement and technology literacy by obtaining any related hardwarelsoftware associated with the server, and
it is recommended the Title 11, Part D ARRA grant funds be utilized to adapt or expand applications of technology to enable teachers to increase student academic achievement, including technology literacy, through the use of research-based teaching practices and associated professional development: and
the Dallas County Juvenile Justice Charter School is required to use at least 25 percent of its total FY 20 10 Ed Tech funds (including Ed Tech ARRA and regular FY 20 10 Ed Tech funds) to provide ongoing, sustained, and intensive, high-quality professional development; and
2009-xxx Budget Amerzdment #3 (Title IZ, Part D ARRA) Page 2
WHEREAS, the Dallas County Juvenile Justice Charter School plans to utilize funds for continued training on the online curriculum C-SCOPE, the data management system AEIS-IT, and instructional technologies such as SMART boards, ELMOs, and any other instructional technology purchased; and
WHEREAS, the Dallas County Juvenile Justice Charter School plai~s to utilize funds to train teachers to use instructional software, technology-enabled white boards, and other interactive technologies that have been shown to be effective aids for instruction, particularly for English language learners, students with disabilities and for struggling and advanced learners; and
WHEREAS, the application for the Tile 11, Part D ARRA funds is due by September 30, 2009 with all funds being expended by September 30,201 1.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Juvenile Justice Charter School Board of Dallas County grants approval for the Dallas County Juvenile Justice Charter School to apply, and accept, if granted, the Tile 11, Part D ARRA and to use the funds as allowed and specified.
FINALLY, IT IS ORDERED, ADJUDGED, AND DECREED that appropriate Charter School staff, including the Chairman of the Juvenile Justice Charter School Board, be authorized to sign any related documents, if needed.
DONE IN OPEN BOARD MEETING this the 26h day of October, 2009.
Recolnlnended by: . Approved by:
Michael K. ~riffithsfp'irkctor Dallas County Juvenile Department
Judge Cheryl Lee-Shannon, Chairman Dallas County Juvenile Justice Charter School Board
as Coun JUVENILE DEPARWENT
Date: October 14,2009
To: Dallas County Juvenile Justice charter School Board
From: Michael K. Griffiths, Director
Background of Issue:
The Dallas County Juvenile Justice Charter School Board previously granted permission for the Dallas County Juvenile Justice Charter School to apply for the Title 11, Part D grant as part of the NCLB Consolidated Federal Grant application. The American Recovery and Reinvestment Act (ARRA) provides funds for Fiscal Year 2010 for the Educational Technology program, which is authorized under Title 11, Part D, Subpart 1 of the Elementary and Secondary Education Act of 1965 (ESEA). The Title 11, Past D American Recovery and Reinvestment Act (ARRA) commonly known as "stimulus" or the Educational Technology (Ed Tech) ARRA funds are a one-time source of funds that supplement the Ed Tech funds made available under the regular FY 2010 appropriation. The primary goal of the Ed Tech program is to improve student academic achievement through the use of technology in schools. It is also designed to ensure that every student is technologically literate by the end of eighth grade and to encourage the effective integration of technology with teacher training and curriculum development to establish successful research-based instructional methods. All Ed Tech ARRA funds are subject to the requirements in Title 11, Part D, Subpart 1 of the ESEA (Title Il-D). Thus, the purpose of this brief is to seek authorization to apply, and accept if granted, the Title 11, Part D, Subpart 1 American Recovery and Reinvestment Act funds.
lmpact on Operations and Maintenance:
There will be no difference in the operations of the school with the exception of the provision of additional professional development services for our staff, additional computer hardware, and technological equipment, all of which are designed to have a positive impact on the educational learning of our students. The previously approved District School Improvement Plan, and relatedly the Technology Plan as well as the District Needs Assessment address the need for additional techs~ological hardware to facilitate the Charter School functions and the need for additional training in the areas of instructional technology and general technology.
The Dallas County Juvenile Justice Charter School would like to utilize the Ed Tech ARRA funds to: 3 enhance existing technology and acquire new technology to support education reforms and
improve student achievement by obtaining a server solely for charter use, 3 acquire connectivity linkages and resources for use by school personnel to improve academic
achievement and technology literacy by obtaining any reiated hardwarehoftware associated with the server, and
P to adapt or expand applications of technology to enable teachers to increase student academic achievement, including technology literacy, through the use of research-based teaching practices and associated professional development.
2600 Lone Star Drive Dallas, TX 75212 Phone: (214) 698-2200
Title 11, Part D Stimulus Page 2
The Dallas County Juvenile Justice Charter School is required to use at least 25 percent of its total FY 2010 Ed Tech funds (including Ed Tech A and regular FY 20 10 Ed Tech funds) to provide ongoing, sustained, and intensive, high-quality professional development. The Dallas County Juvenile Justice: Charter School is further required to provide professional development in the integration of advanced technologies, including emerging technologies into curricula and instruction, and in using those technologies to create new learning environments.
The Dallas County Juvenile Justice Charter School plans to utilize funds for continued training on the online curriculum C-SCOPE, the data management system AEIS-IT, and instructional technologies such as S boards, ELMOs, and any other instructional technology purchased; to train teachers to use instructional software, technology-enabled white boards, and other interactive technologies that have been shown to be effective aids for instruction, particularly for English language learners, students with disabilities and for struggling and advanced learners.
The Dallas County Juvenile Justice Charter School Board through the Dallas County Juvenile Department will be responsible for ensuring that all accounting guidelines related to allowable costs are followed for these funds. If the Dallas County Juvenile Justice Charter School fails to comply with requirements governing the use of the Ed Tech ARRA funds, the Department of Education may, consistent with applicable administrative procedures, take one or more enforcement actions, including withholding or suspending, in whole or in part, the funds or recovering misspent funds following an audit.
Financial Impact/Considerations:
The Dallas County Juvenile Justice Charter School has been authorized to receive $8,8 12 under the Title 11, Part D - ARRAiStimulus (Ed Tech ARRA) for fiscal year 2010. This is in addition to the regular Title 11, Part D planning amounts for the 2009-201 0 school year. The Dallas County Juvenile Justice Charter Sc11001 would like to use the funds to pay for a server, other technological equipment associated with the server, and professional development related to the utilization of technology.
The Ed Tech ARRA funds are subject to the same statutory and regulatory requirements as the Ed Tech funds made available under the regular FY 2010 appropriation and are also subject to specific ARRA accountability and reporting requirements. The FY 201 0 Ed Tech funds (both the ARRA funds and the regular FY 20 10 funds) remain available for obligation through September 30,20 1 1.
All ARRA funds must be spent with an unprecedented level of transparency and accountability. Accordingly, the Dallas County Juvenile Justice Charter School must maintain accurate, complete, and reliable documentation of all Ed Tech ARRA expenditures. The Dallas County Juvenile Justice Charter School must separately account for, and report on, how funds are spent. A new Catalog of Federal Domestic Assistance (CFDA) number (84.386.4) has been assigned to the Ed Tech ARRA funds in order to facilitate separate accounting for the funds.
Performance .Measures Impact:
The primary expected result from the use of this grant is to improve students' academic performance in the core subject areas of English language arts, mathematics, science and technology literacy through effective use of technology in the process of teaching and learning.
To help ensure accountability for Ed Tech funds, DCJJCS must develop a process and accountability measures that will be utilized to evaluate the extent to which activities funded under the program are effective in (1) integrating technology into curricula and instruction; (2) increasing the ability of teachers to teach; and (3) enabling students to meet challenging State academic achievement standards.
Title PI, Part D Stimulus Page 3
It is recommended that the Dallas County Juvenile Justice Charter School Board authorize the Dallas County Juvenile Justice Charter School's request to apply, and accept if granted, the Title 11, Part D - A funds and utilize them to pay for a server, related hardware & software needed for the utilization of the server, and intensive and sustained professional development. Finally, it is requested that appropriate Charter School staff, including Judge Cheryl Lee-Shannon, as Chairman of the School Board, be authorized to sign any related docuinents, if needed.
Recommended by:
DALLAS COUNTY JUVENILE JUSTICE CHARTER SCHOOL 2009-201 0 EXPENDITURES vs. REVENUE
Amendment 3 10/26/2009
Title I f , Part D - ARRA/Stimulus, We are asking the Board to approve Charter to apply and accept $8,812 as follows:
1 6400 1 2460 I w ~ are required to devote 25% of funds received to ongoing, sustained and intensive, high-quality professional development. = $2,203
/ 6300 2090 lnstruciional technologies (e.g.. Smart Boards ELMO'S, etc.) = $6,609