Memorandum of Understanding s37

MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE SOCIAL SERVICES AGENCY AND CANYON ACRES CHILDREN AND FAMILY SERVICES FOR THE PROVISION OF INTENSIVE TREATMENT FOSTER CARE PROGRAM SERVICES

This Memorandum of Understanding (MOU) between the County of Orange Social Services Agency (SSA) and Canyon Acres Children and Family Services (Canyon Acres) contains program content and purpose along with specific guidelines for the establishment and operation of an Intensive Treatment Foster Care (ITFC) Program by Canyon Acres.

SSA and Canyon Acres may be referred to individually as “Party” and collectively as “the Parties.” The County of Orange may be referred to as “COUNTY.” The relationship between SSA and Canyon Acres, with regard to this MOU, is based upon the following: 1. This MOU is authorized and provided for pursuant to California Welfare and Institutions Code (WIC) §18358 et seq., which establishes guidelines for the implementation of an Intensive Treatment Foster Care Program.

2. SSA is responsible for the care, case planning, and supervision of abused children declared dependents by the Orange County Juvenile Court.

3. Canyon Acres is a foster family agency (FFA). It is part of Canyon Acres Children's Services' larger continuum of services, which includes a 30 bed Rate Classification Level (RCL) 14 group home, two 6 bed RCL 12 group homes, foster homes certified by the foster family agency, Wraparound Orange County services, and, through a collaboration with the Kinship Center, adoptive homes.

4. This MOU contains the procedural guidelines authorized by both the SSA Director and the Canyon Acres Director for their respective employees to follow in providing services.

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TABLE OF CONTENTS

I. TERM...... 3

II. PURPOSE...... 3

III. POPULATION TO BE SERVED...... 3

IV. GOAL...... 4

V. SUBCONTRACTS...... 4

VI. CANYON ACRES RESPONSIBILITIES...... 4

VII. SSA RESPONSIBILITIES...... 13

VIII. MONITORING...... 15

IX. CONFIDENTIALITY...... 16

X. NON-DISCRIMINATION...... 17

XI. INDEMNIFICATION...... 17

XII. INSURANCE...... 17

XIII. RECORDS, INSPECTIONS AND AUDITS...... 20

XIV. NOTICE AND CORRESPONDENCE...... 21

XV. RESOLUTION OF CONFLICTS...... 21

XVI. TERMINATION...... 21

XVII. GENERAL PROVISIONS...... 22

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I. TERM The term shall commence on March 7, 2009, and end on March 6, 2010, unless terminated in accordance with Paragraph XVI of this MOU. Upon mutual agreement, the Parties may renew this MOU for an additional one (1) year term under the same terms and conditions without further Board action. The Parties shall be obligated to perform such duties as would normally extend beyond this term including, but not limited to, obligations with respect to indemnification and confidentiality.

II. PURPOSE The purpose of this MOU is to set forth the responsibilities of Canyon Acres and SSA, pursuant to the requirements of California WIC §18358, so that an ITFC program can continue to be provided in Orange County by Canyon Acres. The purpose of the ITFC program is to provide effective services for eligible foster children who meet the statutory definition of being emotionally disturbed or who have a serious behavioral problem. ITFC programs provide state-mandated services in rate classification level (RCL) 12 or higher foster homes to meet the difficult needs of the target population. As a result of these intensive services and supports, eligible children shall transition from more expensive RCL 12-14 group home settings to ITFC foster homes or avoid placement in such group homes or in psychiatric hospitals. These intensive services are made possible by a higher ITFC rate for foster home care, which is accessible upon application by SSA to the California Department of Social Services (CDSS) through this MOU.

III. POPULATION TO BE SERVED A. Canyon Acres shall provide services to children who are emotionally disturbed or who have a serious behavioral problem that have been placed in RCL 12 or RCL 14 group home programs, and have successfully completed the program. These children have histories of behavioral problems which may include lying, stealing, verbal or physical aggression, unacceptable sexual behavior, self-destructive attempts, defiant and oppositional behavior, attachment disorders, or other emotional difficulties associated with their emotionally disturbed condition. With these kinds of problems, it is unlikely that they would be able to transition from a highly structured group care environment to a family setting without the additional intensive treatment and support that shall be provided by Canyon Acres' ITFC program. Given the intensive treatment and support, these children will have a strong chance of being able to satisfactorily adjust, improve, and heal in a less expensive and more community-based family living context. B. Also eligible to be included in Canyon Acres' ITFC program are all children who are emotionally disturbed or who have serious behavioral problems and are at risk of psychiatric hospitalization or entering a Group Home RCL 9 or higher, or are currently placed in a Group Home RCL 9 or higher. C. Also eligible for consideration for Canyon Acres' ITFC program are children who have been voluntarily placed in a RCL 12 group home, pursuant to California Government Code §7572.5.

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IV. GOAL The goal of this MOU is for Canyon Acres to serve approximately six (6) to twelve (12) children yearly in its ITFC program.

Note: No more than a total of 1,000 children who were, or are at imminent risk of being placed in RCL 9-11 group homes, may be placed in the ITFC program at the same time from January 1, 2009 through December 31, 2011. This limitation does not include children in the Title IV-E waiver counties of Alameda and Los Angeles.

V. SUBCONTRACTS Canyon Acres shall not subcontract for services under this MOU without the prior written consent of SSA. If SSA consents in writing to a subcontract, in no event shall the subcontract alter, in any way, any legal responsibility of Canyon Acres to SSA. SSA may refuse to pay obligations incurred under any subcontract that does not comply with the terms of this MOU. All subcontracts must be in writing and copies of same shall be provided to SSA. Canyon Acres shall include in each subcontract any provision SSA may require.

VI. CANYON ACRES RESPONSIBILITIES Pursuant to California WIC §§18358.10, 18358.15, and 18358.30, Canyon Acres shall provide the following personnel and, administrative and support activities: A. Foster Parent Recruitment, Selection, Training, Support, and Payment 1. Special attention shall be given to the recruitment, selection, and training of ITFC foster parents with respect to their parenting skills, family situations, ability to work with children who are emotionally disturbed, and ability and shall work in a treatment team and participate in the child's treatment plan. 2. Recruitment of ITFC foster parents shall be accomplished through a variety of techniques, including media advertisements, brochures and other marketing materials, outreach to faith-based organizations and other community groups, public speaking, events, and word of mouth. In addition, information about the ITFC program should be included in pre-certification training to inform incoming foster parents of the program as well as continued reminders in ongoing training classes. 3. Selection of ITFC foster parents shall occur through a process of inquiry, telephone screening, orientation, documentation, fingerprinting, child abuse and criminal clearances, multiple interviews, home study (a minimum of two (2) visits), and pre-placement training. 4. All participating ITFC foster parents shall receive at least forty (40) hours of training before receiving placements, and thirty-two (32) hours of training within the first twelve (12) months after becoming a certified ITFC foster parent, and fifteen (15) hours of ongoing in-service training each year thereafter.

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5. In two-parent homes, placements may be made after one parent has completed forty (40) hours of training, provided that an additional twenty (20) hours of ongoing in-service training are completed within twelve (12) months after becoming an ITFC foster parent; and provided that the second parent has completed forty (40) hours of training and an additional twenty (20) hours of ongoing in-service training within the first six (6) months of certification as an ITFC foster parent.

Training shall be provided by skilled professionals (agency social work staff or expert guest speakers) and shall include, along with other topics, the following: * Overview of the ITFC program including the target population and services; * Roles and responsibilities of treatment team members; * Multi-cultural awareness and sensitivity; * Working with abused and neglected children; * Separation, loss, and grief issues for children; * Attachment issues for foster children; * Impact of foster child placement on families; * Child growth and development; * Different needs of children and treatment modalities to meet those needs; * Alternative forms of discipline; * Working with birth families or legal guardians; * Behavior management techniques and counseling skills; * Crisis prevention and intervention; * Respite care services; * Meeting special education needs of children; and * CPR and First Aid.

All training will be completed prior to the child's placement in the home. 6. Waivers for Foster Parent Training With approval from SSA, the training requirements for a participating ITFC foster parent may be waived upon proof of prior experience, including, but not limited to, working for at least one (1) year with emotionally disturbed children or children who have serious behavioral problems.

7. Necessary support services shall be provided to ITFC foster parents including the following: * Case supervision by master's level social workers, pursuant to Sec- tion L of this Paragraph, who shall make visits to each foster home weekly or every other week; Page 5 of 23 CLC5108 5/30/2018

* On-call social work emergency response services twenty-four (24) hours per day, seven 7 days per week, including response by an on- call administrator as needed; * In-Home Support Counselors; * Individualized alternatives to in-home support services that are determined to be necessary pursuant to California WIC §18358.30, such as therapy, behavior modification services, psychotropic medication and monitoring, respite services, family therapy to aid in family reunification, and education liaison services; * Psychiatric coverage as needed for psychiatric emergencies of the child; * Respite Services; and * Support groups. 8. Canyon Acres shall pay to its certified ITFC foster parents participating in the ITFC program no less than an amount of $1,200 per month for each ITFC child placed in the home. B. Social Worker Caseloads: The average caseload for Canyon Acres social workers involved in the ITFC program shall not exceed eight (8) children per social worker (except as provided in paragraph (1) of subdivision (b) of WIC §18358.30). C. Therapists Canyon Acres shall arrange the provision of therapy for the child, the biological parents of the child, and the foster parents of the child as determined necessary by the treatment team, which shall include the SSA assigned Senior Social Worker (SSW) and any outstanding orders from Juvenile Court, subject to the Menu of Substitute Services contained in Exhibit A attached hereto and incorporated by reference herein and the total ITFC program rate allotted for the particular child. D. In-Home Support Counselor Recruitment, Training, Supervision, and Duties 1. A trained support counselor with experience in residential treatment shall be assigned to each certified foster family. 2. Recruitment of the support counselors shall be predominantly from Canyon Acres Children and Family Services FFA RCL 12 and 14 residential programs, although other sources such as media advertisements or local universities may also be used. Each support counselor shall have one of the following. a. A bachelor's degree in a social science related field and at least six (6) months experience in working with emotionally disturbed children or children who have serious behavioral problems; or

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b. An associate's degree in a social science related field and at least one (1) year's experience in working with emotionally disturbed children or children who have serious behavioral problems. 3. The In-Home Support Counselors shall receive forty (40) hours of training prior to assigning a child to the support counselor a child. An additional twenty (20) hours of ongoing in-service training is required within the first twelve (12) months after becoming an ITFC Support Counselor. 4. The training shall include the topics taught to the foster parents in their pre-certification training, as well as more advanced crisis intervention and development of treatment plans for emotionally disturbed children or children who have serious behavioral problems. All trainings shall be completed prior to placing a child in a certified foster family home for which the Support Counselor is assigned responsibility. 5. Supervision of the In-Home Support Counselors shall be done by a Canyon Acres social worker at a minimum of every other week, either individually or in a group. 6. Each In-Home Support Counselor shall be responsible for the following: a. Providing support services to the child and foster family including structuring a safe environment for the child, providing collateral contacts, providing any administrative or training functions necessary to implement the child's Treatment/Needs and Services Plan; and b. Making arrangements for coordination of services with local education agencies and/or a nonpublic school, where applicable. E. In-Home Support Counselor Education Waivers Upon approval, of SSA, the educational requirements may be waived for In- Home Support Counselors with at least two (2) years of experience working with emotionally disturbed children or children who have serious behavioral problems. Candidates must also demonstrate a combination of education, skills, and experience that meets the specific cultural and linguistic needs of the target population.

F. Twenty-Four Hour (24) On-call Administrator A twenty-four (24) hour on-call administrator shall be available to respond to emergency situations in conjunction with the twenty-four (24) hour social work emergency response service described below. G. Twenty-Four (24) hour Social Work Emergency Crisis Response Service A twenty-four (24) hour, seven (7) days a week on-call social work emergency response service shall be provided to foster parents, whereby a social worker, under the supervision of an administrator, is available by pager at all times and shall make an assessment as to the need for an in-person emergency response. This assessment shall be based upon the risk to the foster child or others, ability of the Page 7 of 23 CLC5108 5/30/2018

foster parents to manage the situation, availability of existing resources to support the child and family, and need for social worker, support counselor, psychiatric, or other assistance. Should an in-person emergency response be determined to be appropriate, that response shall be made within one (1) hour. (This crisis support service is not to be confused with the SSA operated Child Abuse Registry system through which people lodge child abuse reports; nor does it replace or supercede normal child abuse reporting responsibilities through that system.) H. Mental Health Services Mental health services shall be arranged by Canyon Acres as needed for mental health emergencies through the foster child’s enrollment in the Orange County Behavioral Health Services' Early Periodic Screening, Diagnosis, and Treatment (EPSDT) services or through the county emergency assessment team I. Treatment/Needs and Services Plan 1. Within one (1) month of a child's placement in the ITFC program, the Treatment/Needs and Services Plan shall be developed by some or all of the following: * Representative from Orange County Behavioral Health; * SSA assigned social worker; * Canyon Acres social worker; * Canyon Acres In-Home Support Counselor; * Therapist, if different from the Canyon Acres social worker; * Foster parents; * Biological family; * Foster child; * School representative; * Prior placement personnel; * Other professionals. 2. The plan shall describe the specific needs of the child and the appropriate level of services to be provided pursuant to California WIC §18358, and shall address the following: 1. Applicable life domains, including, but not limited to, the following:

a. Safety b. Emotional and psychological well-being c. Behavioral d. Family and living situation e. Social and recreational.

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f. Cultural and spiritual. g. Educational and vocational. h. Health. i. Developmental. 2. Applicable services and supports associated with each life domain, which may include, but are not limited to, the following: a. The child’s needs for mental health service interventions. b. Individual or group mental health treatment services. c. Psychotropic medication and monitoring. d. Behavior analysis, positive behavioral interventions and behavioral modification techniques. e. Interventions designed to prevent entry or reentry into the juvenile justice system. f. Family reunification services parenting training other support services needed to return the child home, or when that is not possible, to establish, reestablish, ore reinforce a lifelong relationship with a caring adult. g. Family finding services to support and enhance access to lifelong permanent relationships with relative and non-relative kin. h. Targeted life skills training and resources to ensure appropriate access to social and recreational resources and relationships, as needed to support the achievement of important developmental milestones. i. Monitoring or developing of positive adult relationships. j. Education supports, as needed, to maintain and enhance the child’s educational success and stability. k. Education liaison services as needed to maintain and enhance the child’s educational success and stability. l. Respite care. m. Support counselors. n. Case management to ensure appropriate and effective coordination of activities and resources as identified in the needs and services plan. 3. The Treatment/Needs and Services plan shall be approved by SSA, Canyon Acres, and the foster parents within one (1) month of the child’s placement in the ITFC program; and shall be reviewed every three (3) months thereafter, and may include input from participants in Section I, item 1 above.

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Each certified foster home shall provide the services and supports identified in the Needs and Services Plan which are allowable under California’s foster care program in accordance with California WIC §§ 11460 and 11463, and their implementing regulations.

Canyon Acres shall also arrange for the services needed by each child and for which the child meets eligibility criteria under applicable publicly funded programs, including, but not limited to, mental health, education and health services. Canyon Acres can either arrange or provide those services funded by those publicly funded programs using their own organization’s resources or Canyon Acres may contract out those services with another qualified provider subject to Paragraph V of this MOU.

J. Services Documentation Treatment services provided to each child shall be documented in the child’s case file; and such documentation shall be summarized and submitted to SSA on an annual basis. The annual documentation summary shall include the type and cost of treatment services provided, including but not limited to. * Social worker services; * Support counselor direct services; * Support counselor respite services; * Psychologist/counseling services; * Other Canyon Acres support services; and * Subcontracted services. K. Policies and Procedures 1. Canyon Acres maintains and shall continue to maintain written policies and procedures to ensure the safety of the child, and address how suicide attempts, runaways, sexual acting out, and violent and assaultive behavior shall be handled and what shall occur to reduce or eliminate future episodes. 2. Canyon Acres’ policy and procedure on Treatment/Needs and Services Plan review, modification, and participants is as follows: The child’s Treatment/Needs and Services Plan shall be reviewed and modified as needed, but no less often than every three (3) months, by Canyon Acres staff, the foster parents, and the SSA SSW. Additional input shall be sought from the biological family, the child, therapists, psychiatrists, educators, and/or other professionals affiliated with the child. The Canyon Acres social worker shall take responsibility for coordinating the meetings that accomplish this.

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3. Canyon Acres shall provide a copy of above referenced policies and procedures to SSA within one (1) month of the implementation of this MOU. L. Respite Care Services and Frequency Respite care shall be arranged on an as needed basis by the In-Home Support Counselor, other certified foster parents who have received the required ITFC training, or Canyon Acres' residential programs. The frequency and duration of that respite care and the provider of that care shall depend upon the individualized needs of the foster family, the child and the space availability, with due cog- nizance taken of the appropriateness of the frequency and duration of respite care. Use of respite care services in all situations requires approval of the assigned SSA social worker. In emergency situations where the SSA social worker cannot be notified, the SSA social worker shall be notified the following business day. Respite care services shall be tracked and reported on a quarterly basis as part of Canyon Acres' evaluation activities.

Services that were being provided in the ITFC foster home prior to the respite in- terval, (for example, an In-Home Support Counselor and therapy for the child, in a hypothetical case) shall generally follow the child to the respite site, unless different arrangements are made by the child's treatment team in conjunction with the assigned SSA SSW. Costs of respite services within the applicable ITFC rate shall be governed by Exhibit A (the menu of substituted services in lieu of In- -Home Support Counselor hours as agreed upon by the Parties), which is attached hereto and incorporated herein by reference. M. Social Worker Qualifications Each ITFC social worker shall have a master's degree consistent with California Health and Safety Code §1506(e) and at least one (1) year of experience working with seriously emotionally disturbed children. N. Evaluation Canyon Acres shall collect data and provide quarterly reports to SSA and the CDSS regarding: 1. Number of children placed in the ITFC program; 2. Number of prior foster care placements for each child prior to entering the ITFC program; 3. Outcomes of children placed in the ITFC program including percentage of children discharged to a more intensive program or permanent outcome; percentage of children continuing in placement; percentage of children discharged to kin guardianship; percentage of children discharged to adoption; percentage of children who drop down an ITFC level; percentage of children discharged to a less restrictive program, short of permanency; percentage of children discharged to reunification with a

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parent or guardian; number of ITFC families in which a child was placed; percentage of children hospitalized, if any; 4. Services provided to children; and 5. Number of children at each ITFC service and rate level and length of time they have been at each level. O. Administration of the ITFC Program Canyon Acres shall perform the activities necessary for the administration of the ITFC program, including but not limited to training, recruitment, certification and monitoring of the certified foster parents. Canyon Acres shall also continue to meet its normal licensing and other responsibilities as an FFA. P. Services Provided Per ITFC Service and Rate Level Canyon Acres shall provide a minimum average range of services per month for children in each service and rate level as follows: Service and Rate Level In-Home Support Counselor Hours Per Month A 98-114 B 81-97 C 64-80 D 47-63 E *

* Children placed at Service and Rate Level E shall receive crisis intervention and other support services on a flexible, as needed, basis from an in-home support counselor. One full-time In-Home Support Counselor shall be provided for every twenty (20) children placed at this level. When Orange County's Interagency Placement Committee (IPC), Canyon Acres, and the SSA SSW agree that instead of using In-Home Support Counselors, alternative services are in the best interests of the child, Canyon Acres shall arrange for services and supports allowable under California’s foster care program in lieu of in-home support services. These services and supports may include, but not be limited to:  Activities in the Multidimensional Treatment Foster Care (MTFC) program that are allowable costs under the California foster care program.  Canyon Acres is not required to provide MTFC. Canyon Acres can provide any services allowable under California’s foster care program using the in-lieu of funds such as social work, in-home support counselors, transportation etc. These substitute services shall be provided pursuant to the cost and hours equiva- lents set forth in the "Menu of Substitute Services for Canyon Acres' Intensive Treatment Foster Care Program,” which is attached hereto as Exhibit A and incorporated herein by reference. Substitute services shall be provided in amounts and Page 12 of 23 CLC5108 5/30/2018

combinations that will best meet the child's needs as determined in the child's ITFC Treatment/Needs and Services Plan, which is developed and periodically reviewed and revised in accordance with sections VI. I. And VI. J. of this MOU

VII. SSA RESPONSIBILITIES Pursuant to California WIC §§18358, 18358.05, 18358.23, and 18358.30, SSA will be responsible for the following: A. Implementation of an ITFC program in Orange County using Canyon Acres as detailed in California WIC §18358 et seq., and this MOU. Implementation shall include applying to California Department of Social Services (CDSS) for approval of the ITFC program rates for Canyon Acres. Such application shall comply with the requirements of California WIC §18358.05. B. Determination of the placement of eligible children into the ITFC program is pursuant to the eligibility requirements set forth in California WIC §18358(b). The SSA assigned social worker and Canyon Crest in conjunction with Orange County Behavioral Health, shall identify eligible children for placement into the ITFC program and shall recommend the service and rate level to enable the child to be successfully transitioned into and maintained in an ITFC placement and the provision of substitute services pursuant to California WIC § 18358.30, if that is deemed to be in the best interests of the child by the SSA assigned social worker and Canyon Acres. All children to be placed into the ITFC program will have their placement reviewed by SSA assigned SSW and Canyon Acres. SSA assigned SSW and Canyon Acres will evaluate for approval of all proposed placements; recommended service and rate levels; and the provision of any substitute services pursuant to California WIC §18358.30. C. Execution of an annual MOU with Canyon Acres for each additional year SSA desires Canyon Acres to provide ITFC services. D. Provision of routine case management services. E. Monitoring of the implementation of the case plan for each child placed in the ITFC program. F. Adherence to the rates, requirements, and provisos set forth in California WIC §18358.30 regarding payment of ITFC program rates to Canyon Acres. These rates are exempt from the current AFDC-FC FFA rate setting system and are statutorily set according to the appropriate service and rate level certified foster family. These statutorily set rates are as set forth below.

Service and Rate Level Fiscal Year 2003 – 2007 Standard Rates A $ 4,476 B $ 4,105 C $ 3,721 D $ 3,359 E $ 2,985 Page 13 of 23 CLC5108 5/30/2018

As mandated in California WIC §18358.30, this standardized schedule of rates shall be adjusted annually by an amount equal to the California Necessities Index computed pursuant to WIC Section 11453, subject to availability of funds.

Service and rate levels shall be set with the understanding that the children intend- ed to be served in Canyon Acres' ITFC program have significant special needs. Each case shall be assessed for the appropriate service level, commensurate with each child’s needs, in order to ensure their successful transition into and mainte- nance in a family setting. It is the intent of this MOU that service and rate levels are set so that the service needs of each eligible child placed in the Canyon Acres ITFC program are adequately and appropriately met. The service and rate levels shall not, however, exceed the rate paid for group home placement or Service and Rate Level A at any time during an eligible child's placement.

Subject to this express statement of intent of the MOU, an eligible child may be initially placed at any of the five (5) ITFC Service and Rate Levels A through E, inclusive, dependent upon his or her service needs. Thereafter, an eligible child may be placed at any level, either higher or lower, not to exceed a total of six (6) months at any level other than Service and Rate Level E, unless it is determined to be in the best interests of the child by the IPC and the child's certified foster parents. The IPC may, through a formal review of the child's placement, extend the placement of an eligible child in a service and rate level higher than Service and Rate Level E for additional periods of up to six (6) months each. G. SSA shall monitor Canyon Acres' compliance with the ITFC requirements contained in California WIC §18358 et seq. in the following areas: * Foster parent recruitment, training, and services; * In-Home Support Counselor training and services; * Social worker training and services; and * Administrative and financial support. Details of this monitoring procedure are set forth in Section VIII. of this MOU which immediately follows.

VIII. MONITORING A. On a quarterly basis, Canyon Acres shall supply SSA and CDSS with information on outcomes and services to children and their families pursuant to the data categories set forth in California WIC §18358.20(c)(l) and the Intensive Treatment Foster Care Program Quarterly Statistical Report (FC 19). In addition to those categories, Canyon Acres shall also provide information to SSA on a quarterly basis regarding: (a) the number of children at each ITFC Service and Rate Level and the length of time they have been at that level; and (b) the percentage of children in the ITFC program that, when discharged, are at a lower Service and Rate Level than when they entered the ITFC program. B. At least quarterly, the SSA assigned SSW will meet with the Canyon Acres, In- Home Support Counselor, and foster parents (and other relevant information sources Page 14 of 23 CLC5108 5/30/2018

as needed) to view the progress of the child and the quality of care he or she is receiving, and if necessary, to modify the treatment plan. The treatment plan will be reviewed as to whether it addresses, at minimum, the child's current need for therapy, behavior management, support counselor time, psychotropic medication and monitoring, family therapy, and educational liaison services. C. On an annual basis, Canyon Acres shall supply SSA with summary documentation as to the type and cost of treatment services provided to the children in the ITFC program pursuant to California WIC §18358.20(e). D. On an annual basis, Canyon Acres shall conduct a survey of SSA social workers involved with its ITFC program and report to SSA the survey results regarding the following: * Quality of services provided; * Progress toward treatment goals; and * Satisfaction with services provided. The survey process may be subject to the satisfaction of SSA, and to the examina- tion and audit by SSA, or SSA’s designee. Upon receipt of SSA’s written notification, Canyon Acres shall comply with SSA’s request for an on-site audit of the survey process. E. Canyon Acres shall provide SSA with access to review and evaluate Canyon Acres documents and records deemed pertinent by SSA for monitoring Canyon Acres' performance under this MOU, including, without limitation, performance with respect to the appropriateness of service provision. F. Canyon Acres shall provide SSA with access to information needed to monitor Canyon Acres’s compliance with ITFC requirements. In addition, Canyon Acres shall summarize, on an annual basis, this information which shall include as follows: * Foster parent recruitment, training, and services; * ITFC social worker and In-Home Support Counselor trainings and required educational and experiential backgrounds; and * Financial and administrative support for the ITFC program. G. Annually, and as needed more frequently, Olive Crest administrators shall meet with the relevant SSA Deputy Director, or designee, and Program Managers to evaluate the operation of the ITFC program and to solve any problems that may arise. These meetings shall be coordinated by Canyon Acres and may be held in person and/or electronically.

IX. CONFIDENTIALITY A. SSA and Canyon Acres agree to maintain confidentiality of all records and information about persons pursuant to all applicable federal and/or State laws or regulations including, without limitation, U.S. Privacy Act of 1974, the State of California Welfare and Institutions Code Sections 827 and 10850-10853, the CDSS Manual of Policies and Procedures, Division 19-000, and all other provisions of law, and regulations promulgated thereunder relating to privacy and confidentiality, as each may now exist or be hereafter amended. Page 15 of 23 CLC5108 5/30/2018

B. All records and information concerning any and all persons referred to Canyon Acres by SSA or SSA's designee shall be considered and kept confidential by Canyon Acres, Canyon Acres’s staff, agents, employees and volunteers. Canyon Acres shall require all of its employees, agents, subcontractors and volunteer staff who may provide services for Canyon Acres under this MOU to sign an agreement with Canyon Acres before commencing the provision of any such services to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to Canyon Acres by SSA, except as may be required to provide services under this MOU or to those specified in this MOU as having the capacity to audit Canyon Acres, and as to the latter, only during such audit. C. Canyon Acres shall inform all of its employees, agents, subcontractors, volunteers and partners of this provision and that any person knowingly and intentionally violating the provisions of said State law may be guilty of a crime. D. Canyon Acres must receive prior approval of the Juvenile Court before allowing any child to be interviewed or photographed by any publication or to appear on any radio or television shows or make any other public appearance. Such approval shall be requested through child’s Social Worker. E. All materials prepared for, and/or relating to actions taken by the Juvenile Court and furnished by SSA to Canyon Acres shall require prior written approval of the Juvenile Court for release. F. Canyon Acres agrees to maintain the confidentiality of its records with respect to Juvenile Court placement, in accordance with the Juvenile Court’s Confidentiality and Release of Information Policy and Order of January 28, 1997, as it now exists or may hereafter be amended.

X. NON-DISCRIMINATION In the performance of this MOU, Canyon Acres agrees that it shall not engage nor employ any unlawful discriminatory practices in the admission of clients, assignment of accommodations, treatment, evaluation, employment of personnel or in any other respect on the basis of sex, race, color ethnicity, national origin, ancestry, religion, age, marital status, national origin, medical condition, age, sexual orientation, physical or mental disability or any other protected group in accordance with the requirements of all applicable federal or state law or regulation.

XI. INDEMNIFICATION Canyon Acres agrees to indemnify, defend with counsel approved in writing by the County of Orange, and hold Department of Health and Human Services, the State, the County of Orange, and their elected and appointed officials, officers, employees, agents and those special districts and agencies which the County of Orange’s Board of Supervisors acts as the governing Board (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or Page 16 of 23 CLC5108 5/30/2018

other performance provided by Canyon Acres pursuant to this MOU. If judgment is entered against Canyon Acres and the County of Orange by a court of competent jurisdiction because of the concurrent active negligence of the County of Orange or COUNTY INDEMNITEES, Canyon Acres and the County of Orange agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

XII. INSURANCE A. Without limiting Canyon Cares’s liability for indemnification, prior to the provision of services under this MOU, Canyon Acres agrees to purchase all required insurance at Canyon Acres expense and to deposit with SSA Certificates of Insurance, including all endorsements required herein, necessary to satisfy the County of Orange that the insurance provisions of this MOU have been complied with and to keep such insurance coverage and the certificates therefore on deposit with SSA during the entire term of this MOU, and beyond, as set forth herein B. All insurance policies required by this MOU shall declare any deductible or self- insured retention (SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the County Executive Office (CEO)/Office of Risk Management. Canyon Acres shall be responsible for reimbursement of any deductible to the insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of Insurance. C. If Canyon Acres fails to maintain insurance acceptable to the County of Orange for the full term of this MOU, the County of Orange may terminate this MOU. D. The policy or policies of insurance required herein must be issued by an insurer licensed to do business in the State of California (California Admitted Carrier). If the insurer is not licensed to do business in the State of California, SSA retains the right to approve or reject the insurer after a review of the insurer's performance and financial ratings by the County Executive Office (CEO)/Office of Risk Management E. The policy or policies of insurance required herein must be issued by an insurer with a minimum rating of “A- (Secure Best’s Rating)“ and a minimum financial rating of “VIII (Financial Size Category),” as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or by going on-line to “ambest.com.” F. The policy or polices of insurance maintained by Canyon Acres shall provide the minimum limits and coverage as set forth below:

Coverage Minimum Limits

Per Occurrence Annual Aggregate Commercial General Liability with broad form $1,000,000 $2,000,000 property damage and contractual liability Automobile Liability (covering all owned, non- $1,000,000 $1,000,000 owned and hired vehicles)

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Workers' Compensation Statutory Statutory Employer's Liability $1,000,000 $1,000,000 Sexual Misconduct Liability $1,000,000 $1,000,000 Professional Liability $1,000,000 $1,000,000 G. All liability insurance, except Professional Liability, required by this MOU shall be at least $1,000,000 combined single limit per occurrence. Professional Liability may also be provided on a “Claims Made” basis. The minimum aggregate limit for the Commercial General Liability policy shall be $2,000,000. H. The County of Orange shall be added as an additional insured on all insurance policies required by this MOU with respect to the services provided by Canyon Acres under the terms of this MOU (except Workers' Compensation/Employers' Liability, Professional Liability and Sexual Misconduct). An additional insured endorsement evidencing that the County of Orange is an additional insured shall accompany the Certificate of Insurance. I. All insurance policies required by this MOU shall be primary insurance, and any insurance maintained by the County of Orange shall be excess and non-contributing with insurance provided by these policies. An endorsement evidencing that Canyon Acres' insurance is primary and non-contributing shall specifically accompany the Certificate of Insurance for the Commercial General Liability and Sexual Misconduct Liability. J. All insurance policies required by this MOU shall give the County of Orange thirty (30) days notice in the event of cancellation. This shall be evidenced by an endorsement separate from the Certificate of Insurance. In addition, the cancellation clause must include language as follows, which edits the pre-printed ACORD certificate: “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CER- TIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENT OR REPRESENTATIVE.” K. All insurance policies required by this MOU shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. L. If Canyon Acres' Professional Liability policy is a "claims made" policy, Canyon Acres shall agree to maintain professional liability coverage for two (2) years following completion of this MOU. M. The Commercial General Liability policy shall contain a severability of interests clause. N. Canyon Acres is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Page 18 of 23 CLC5108 5/30/2018

Compensation or be self-insured in accordance with provisions of that code. Canyon Acres will comply with such provisions and shall furnish the County of Orange satisfactory evidence that Canyon Acres has secured, for the period of this MOU, statutory Workers' Compensation insurance and Employers' Liability insurance with minimum limits of $1,000,000 per occurrence. O. The County of Orange expressly retains the right to require Canyon Acres to increase or decrease insurance of any of the above insurance types throughout the term of this MOU. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect the County of Orange. P. The County of Orange shall notify Canyon Acres in writing of changes in the insurance requirements. If Canyon Acres does not deposit copies of acceptable certificates of insurance and endorsements with SSA incorporating such changes within thirty (30) days of receipt of such notice, this MOU may be in breach without further notice to Canyon Acres, and the County of Orange shall be entitled to all legal remedies. Q. The procuring of such required policy or policies of insurance shall not be construed to limit Canyon Acres’ liability hereunder nor to fulfill the indemnification provisions and requirements of this MOU. R. The County of Orange Certificate of Insurance and the Special Endorsement for the County of Orange can be utilized to verify compliance with the above-mentioned insurance requirements in place of commercial insurance certificates and endorsements.

XIII. RECORDS, INSPECTIONS AND AUDITS A. Financial Records 1. Canyon Acres shall prepare and maintain accurate and complete financial records. Financial records shall be retained by Canyon Acres for a minimum of five (5) years from the date of final payment under this MOU or until all pending SSA, State and/or Federal audits are completed, whichever is later 2. Canyon Acres shall establish and maintain reasonable accounting, internal control and financial reporting standards in conformity with generally accepted accounting principles established by the American Institute of Certified Public Accountants (AICPA) and to the satisfaction of SSA. B. Client Records 1. Canyon Acres shall prepare and maintain accurate and complete records of clients served, and dates and type of services provided under the terms of this MOU in a form acceptable to SSA. 2. All client records related to services provided under the terms of this MOU shall be retained by Canyon Acres for a minimum of five (5) years

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from the date of final payment under this MOU or until all pending SSA, State and/or Federal audits are completed, whichever is later. C. Inspections and Audits 1. The State Auditor-General, SSA, COUNTY's Auditor-Controller and Internal Audit Department, or any of their authorized representatives, shall have access to any books, documents, papers and records, including medical records, of Canyon Acres which any of them may determine to be pertinent to this MOU for the purpose of financial monitoring. Further, all the above mentioned persons have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this MOU and the premises in which it is being performed. 2. Canyon Acres shall make available its books and financial records within the borders of Orange County within ten (10) days after receipt of written demand by SSA. 3. In the event Canyon Acres does not make available its books and financial records within the borders of Orange County, Canyon Acres agrees to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY's designee, necessary to obtain Canyon Acres books and financial records. 4. Canyon Acres shall be solely responsible for reimbursing any and all liabilities to the State or Federal government or any agency thereof resulting from any disallowances or other audit exceptions to the extent that such liability is attributable to Canyon Acres failure to perform under this MOU.

XIV. NOTICE AND CORRESPONDENCE A. All correspondence concerning this MOU will be in writing and sent to: SSA: County of Orange Social Services Agency Contract Services 888 North Main Street Santa Ana, CA 92701

Gary Taylor, Deputy Director SSA/Children & Family Services 800 North Eckhoff Street, Fourth Floor Orange, CA 92668 Canyon Acres: Clete Menke, Executive Director Canyon Acres Children and Family Services 160 S. Fairmont Blvd. Anaheim, CA 92808

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B. All notices shall be deemed effective when in writing and deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, claims, correspondence, reports and/or statements authorized or required by this MOU addressed in any other fashion shall be deemed not given. SSA and Canyon Acres may mutually agree in writing to change the addresses to which notices are sent.

XV. RESOLUTION OF CONFLICTS For resolution of conflicts between SSA and Canyon Acres in regards to the provisions of this MOU, the following shall apply:

Step 1: Conference between the SSA Senior Social Worker and the Canyon Acres Social Worker. Step 2: Conference between the SSA Children & Family Services Program Manager and/or Deputy Director, or designee, and Canyon Acres’ FFA Director. Step 3: Conference between the SSA Director of Children & Family Services or designee and the Executive Director of Canyon Acres.

XVI. TERMINATION A. SSA may terminate this MOU without penalty immediately with cause or after thirty (30) days’ written notice without cause, unless otherwise specified. Notice shall be deemed served on the date of mailing. Cause shall be defined as any breach of this MOU, any misrepresentation, or fraud on the part of Canyon Acres. Exercise by SSA of the right to terminate this MOU shall relieve SSA of all further obligations under this MOU. B. Upon termination, or notice thereof, the Parties agree to cooperate with each other in the orderly transfer of service responsibilities, case records, and pertinent documents. C. The obligations of SSA under this MOU are contingent upon the availability of Federal and/or State funds, as applicable, and inclusion of sufficient funds for the services hereunder in the budget approved by the Orange County Board of Supervisors each fiscal year this MOU remains in effect or operation. In the event that such funding is terminated or reduced, SSA may immediately terminate or modify this MOU, without penalty. The decision of SSA shall be binding on Canyon Acres. SSA shall provide Canyon Acres with written notification of such determination. Canyon Acres shall immediately comply with SSA's decision.

XVII. GENERAL PROVISIONS A. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between SSA and any of Canyon Acres agents or employees. B. This MOU represents the entire understanding of the Parties with respect to the subject matter. No change, modification, extension, termination or waiver of this

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MOU, or any of the understandings herein contained, shall be valid unless made in writing and signed by duly authorized representatives of the Parties hereto. C. This MOU has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this MOU, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trail to another county. D. With the exception of client records or other records referenced in Paragraph IX, entitled Confidentiality, all records, including but not limited to reports, audits, notices, and correspondence, required by this agreement may be subject to public records disclosure. SSA shall not be liable for such disclosure.

WHEREFORE, the parties hereto have executed this Memorandum of Understanding in the County of Orange.

By:______By:______Ingrid Harita, Director Clete J. Menke County of Orange Executive Director Social Services Agency Canyon Acres Children and Family Services

Dated:______Dated:______

Approved As To Form County Counsel County of Orange, California

By:______

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Deputy

Dated:______

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MENU OF SUBSTITUTED SERVICES Canyon Acres’ Intensive Treatment Foster Care Program Exhibit A

Charge Equivalent Minimum Visit Per Hour In-Home Support Office In-Home Counselor Hours

Therapy $ 60 per hour 4 1 hour 2 hours

Behavior Modification Services $ 60 per hour 4 1 hour 2 hours

Support Counselor Services $ 15 per hour 1 1 hour 3 hours

Psychotropic Medication & Monitoring $ 150 per hour 10 .5 hour 2 hours

Psychological Testing $ 195 per hour 13 1 hour 1 hour

Crisis Respite Services (not Orangewood Children’s Home) $ 150 per day 10 Not Applicable

Family Support Respite Services $ 75 per day 5 Not Applicable

Family Therapy to Aid Reunification $ 60 per hour 4 1 hour 2 hours

Education Liaison $ 60 per hour 4 1 hour 2 hours

CVC2904