HomeMy WebLinkAbout2019 Resolution re Funding FinalMEMORANDUM OF UNDERSTANDING
BETWEEN KITTITAS COUNTY SUPERIOR COURT AND
COURT ADVOCATES FOR CHILDREN FOR KITTITAS COUNTY
PURPOSE:
The Superior Courts of the various counties are authorized under Chapter 13.34 RCW to
establish and operate Court Appointed Special Advocates (CASA) programs or enter into
agreements with independent CASA programs to provide court appointed special
advocates/guardians ad litem in juvenile dependency cases filed and pending in superior court.
Consistent with the above legislative intent and authority as expressed in Chapter 13.34 RCW,
Kittitas County Superior Court has provided CASA services in juvenile dependency cases
through an agreement with Court Advocates for Children for Kittitas County, a not-for-profit
corporation incorporated in December 1985.
This Memorandum of Understanding (MOU) memorializes and outlines ways in which Kittitas
County Superior Court and Court Advocates for Children for Kittitas County (Court Advocates)
have worked together and will continue to work together to provide CASA services for juveniles
in dependency cases filed and pending in Kittitas County Superior Court.
It is the desire of the parties to improve the CASA program by entering into this MOU. Court
Advocates is aware that by entering into this MOU, it will continue to be bound to provide
CASA services for juvenile dependency cases in Kittitas County Superior Court.
This MOU shall continue indefinitely unless terminated by either party as described below. Both
parties may review the terms of this MOU annually, or as needed. This MOU may be amended
only by mutual written agreement. Either party may terminate this agreement with ninety (90)
days written notice with or without cause. This MOU shall remain in effect until there is a
written notification from either party that there is a need to change or terminate this MOU. In
the event of termination of this MOU, Court Advocates shall be paid compensation, as described
in Section 2 below, through the last month of services provided to Kittitas County Superior
Court.
IT IS AGREED THAT COURT ADVOCATES FOR CHILDREN FOR KITTITAS
COUNTY (Court Advocates) SHALL:
a. Provide those services needed to recruit, select, and train volunteers to serve as
CASAs/guardians ad litem in Kittitas County juvenile dependency proceedings.
b. Provide administration and management services to Kittitas County Superior Court
related to the CASA program.
C. Supervise all volunteer CASAs, including conducting or causing to be conducted on its
behalf the background information and investigations required by applicable provisions
of law and regulatory standards.
2. IT IS AGREED THAT KITTITAS COUNTY SUPERIOR COURT SHALL:
a. Pay a monthly sum Court Advocates for Children, as allocated by the County each year
to defray in part the cost of providing the services described above; and, in addition,
b. Assist the county auditor in ensuring that reimbursement dollars provided by the State of
Washington Administrative Office of the Courts for provision of CASA/guardian ad litem
services in juvenile dependency cases filed and pending in Kittitas County Superior Court are
passed through to Court Advocates.
d. Provide assistance that Court Advocates may require to complete required criminal and
child abuse history background checks in the administration of the CASA program.
3. INDEPENDENT STATUS. Court Advocates acknowledges that it is an independent
(not for profit) corporation. Court Advocates shall indemnify and hold harmless Kittitas County
from all obligations to pay or withhold federal or state taxes or contributions on behalf of Court
Advocates or its employees. Although Court Advocates is an independent corporation, the terms
of this MOU shall not alter, impair or modify any legal rights that Court Advocates, its
employees and volunteers have or may have under applicable laws to legal defense, immunity
and indemnification from Kittitas County in connection with the performance of CASA/guardian
ad litem services and duties on behalf of Kittitas County Superior Court. The parties agree to
cooperate to the greatest extent possible in defense of any claims made arising from acts
performed within the scope of this MOU. Intentional acts of misconduct are not within the scope
of this MOU.
4. CONFIDENTIALITY. To the extent allowed by law, Court Advocates shall use
information gained by reason of this Agreement only for the purpose of this Agreement. Court
Advocates shall not disclose, transfer or convey any such information to any other except as
required by law.
5. SEVERABILITY AND SURVIVAL. Should any of the provision contained in this
Agreement be held illegal, invalid or unenforceable, the other provision shall remain in full
effect. The confidentiality provision shall survive termination of this Agreement for any cause.
6. STANDARD OF CARE. Court Advocates shall complete its services with the standard
of care and degree of skill and diligence normally employed by professionals performing the
same or similar services in the locale in which the services are performed.
COURT ADVOCATES FOR CHILDREN
FOR KITTITAS COUNTY
421 N. Pearl St. 4208
Ellensburg WA 98926
C�1��&J
Carol Newell Pidduck, Executive Director
Date: � — \ I — � A
KITTITAS COUNTY SUPERIOR COURT
205 W. 5th , Suite 207
Elle urg 892
Scott R. Sparks, Pre ' udge
Date: 1 — 16 1