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Home My WebLink AboutRes-2019-191BOARDOF COUNTY COMMISSIONERS COUNTYOF KITTITAS STATE OF WASHINGTON RESOLUTIONNO.2019-/9 Ì RESOLUTIONRATIFYINGAND SPECIFYINGFUNDING FOR THEMEMORANDUMOFUNDERSTANDING(MOU)BETWEEN KITTITAS COUNTY SUPERIOR COURT AND COURT ADVOCATES FOR CHILDREN FOR KITTITASCOUNTY WHEREAS,the Juvenile Court is a division of the Superior Court pursuant to RCW 13.04.021;and WHEREAS,the Juvenile Court has exclusive original jurisdiction over all proceedings related to children who are alleged or found to be dependent and all proceedings relating to the termination of a parent and child relationship,pursuant to RCW 13.04.030(1)(a)and (b),and WHEREAS,the Juvenile Court also has concurrent jurisdiction with the family court division of the Superior Court over other similar matters pursuant to RCW 13.04.030(2)and (3), and WHEREAS,the Superior Court is mandated to appoint a guardian ad litem for a child who is the subject of proceedings under RCW 13.34,and WHEREAS,there is in Kittitas County a guardian ad litem program that meets the standards of RCW 13.34.100 et.seq.,known as "Court Advocates for Children for Kittitas County",and WHEREAS,there is in place a Memorandum of Understanding between Court Advocates for Children for Kittitas County and the Kittitas County Superior Court, WHEREAS,the Kittitas County Board of County Commissioners has funded the costs of that Memorandum of Understanding as part of the operations of the Superior Court;and WHEREAS,the Kittitas County Board of County Commissioners finds that Court Advocates for Children for Kittitas County has provided and continues to provide a valuable service to the Court and community;and THEREFORE,IT IS HEREBYRESOLVEDthat: The Memorandum of Understanding between Kittitas County Superior Court and Court Advocates for Children for Kittitas County is hereby ratified and shall be funded for the 2020 calendar year by use of the funds allocated for this purpose by the Kittitas County Board of County Commissioners,conditioned upon future funding appropriations by the Kittitas County Board of County Commissioners. ADOPTEDthis day of December,2019. BOARD OF COUNTY COMMISSIONERS WASHINGTON ABSTAINED cong B Wachsmith -Chair APPROVED AS TO FORM: Ë Clerk of t Board-Julie Kjorsvik Douglas R.Mitche ,Deputy Prosecuting Attorney O Deputy Clerk of the Board-Mandy Buchholz MEMORANDUMOF UNDERSTANDING BETWEEN KlTTITAS COUNTYSUPERIORCOURTAND COURTADVOCATESFOR 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 juveniledependency 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.ThÏs 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. 1.IT IS AGREED THAT COURTADVOCATESFOR 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 COUNTYSUPERIORCOURTSHALL: 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 CASAlguardian 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.INDEPENDENTSTATUS.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 CASAlguardian 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.Intentionalacts of misconduct are not within the scopeofthisMOU. 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 confidentialityprovision shall survive termination of this Agreement for any cause. 6.STANDARDOF 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. COURTADVOCATESFOR CHILDREN FOR KITTITAS COUNTY KITTITAS COUNTYSUPERIOR COURT 421 N.Pearl St.#208 205 W.5 .,Suite 207 Ellensburg WA 98926 Elle urg 89 Carol Newell Pidduck,Executive Director Scott R.Sparks,Pre udge Date:\-\1-\$Date:Î ''I $