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HomeMy WebLinkAboutRES 2023-188BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON IMRESOLUTION NO. 2023- RESOLUTION RATIFYING AND SPECIFYING FLINDING FOR THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN KITTITAS COTINTY SUPERIOR COURT AND COURT ADVOCATES FOR CHILDREN FOR KITTITAS COLINTY WHER-EAS, 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 o'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 HEREBY RESOLVED thAt: 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 2024 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. ADOPTED this V day of 2023 BOARD OF COUNTY COMMISSIONERS TON Cory Wright, Chair Brett W Vice-Chair ssloner APPROVED AS TO FORM: erk Board- Julie Kjorsvik Gregory Zempel, Prosecuting Attorney n Deputy of the Board- Mandy Buchholz a) . :., i : MEMORA}{DUM OF UNDERSTANDING BETWEEN KITTnAS COUNTY SUPERIORICOIJBT AI.ID, COURT ADVOCATES FOR CHILDREN FOR KI,I-NTAS COI,JNTY establish and operate Court Appointed Special Advocates (CASA)orenter into :ageements with independent CASAprograms to provide court spepiat advocatedguardians ad litem in juvenile dependency cases filed i,n superiorcourt Consistent with the above legisldive intent and anthority as Chapter 13.34 RCW, Kittitas County Superior Court has provided CASA senrices in cases ,tluough an agreement with CourtAdvocbtes for Children for a not-for-profit ,corporation incorporated in December 1985. ,Thi, M..orandum ofUnderstanding (MOU) memorializes and ,County Superior Court and CourtAdvocaf,es for Children for have worked together and will continue to work togeilher to 'in dependency cases filed and pending in Kiuitas County It is the desire of the parties to improve the CASAprcgram by MOU. Court to provide'Advocates is aware that by entering into this MOU, it will continug CASA services for juvenile dependency cases in Kittius County PT.JRPOSE: 'The Superior Courts of the various counties are authorized rmder This MOU shall continue indefinitely unless terminat€d by either 'parties may review the tenns of this MOU annually, or as needed. only by mutual uniten agrcemeot Eitherparty may t€rminate days written notice with or withoW cause. This MOU shall remaini unitten notifiodion from either puty, that there is a need to change' event of termination of this MOU, Corfi Advocdes shall be pard ;Section 2 below through the last month of services provided to I. ITIS AGREEDTIIAT COI.JRTADVOCATES FOR COLTNTY (Court Advocates) SIIALL: 13.34 RCWto in which Kititas, i below. Bot4 Super,ior Court FOR KITTITAS,i to asa. Provide those services needed to recrruit seloct and CAsAs/guardians ad litem inKititas County b. Provide administration and management services to Court rclcod to the CASAprogram. l0ounty c. Supervise all voluntoer CASAs, including to on its behalfthe backgrormd infomation and applicable provisions of law and regulatory 2, IT IS AGREED TI{AT KITTITAS COTJNTY SUPERIOR SIIALL: ,t ll i! :; I &Pay amonthly sumto CourtAdvocates for each year to defray in part the cost of providing the in addition, b. Assist the county atrditor in ensuing that State of Washington Adurinistrative Ofrce of the CAsA/guardian ad litem sen'ices injuvenile in Kittitas County Srpedor Court are passed c.Provide assistance that Court Advocates may to: criminal and child abuse history background checks CASAprogram 3. INDEPENDENT STAIUS. CourtAdvocates for profit) corporation. CourtAdvocates shall indemnify County from all obligations to pay or withhold federal or behalf of Cout Advocates or its employees.Although corporation" the terms of this MOU shall not alter, inrpair CourtAdvocates, its employees and volunteen have or to legal defense, immunity and indemnification from the performance of CASA/guadim ad litem services and Cowrty Srperior erurt. The parties agree to cooperate to defense of any claims made arising from actsperformed Intentional acts of misconduct are not within the scope of V 4. CONFIDENTIALITY. To the e)rtent allowed by lau Court information gained by reason of this Agreement only for CourtAdvocates shall notdisclose, transftr orconvey any exoept as requiredby law. 5. SEVERABILITYAI{D SLJRVML. Should any ofthe Agreement be held illegal, invalid or unenforceable, the full effect. The confidentialityprovision shall survive any cause. 6. STANDARD OF CARE. CourtAdvocates shall complete care and degrc€ of skill anddiligence normally employed same or similar services in the locale in which the services byttrc ! filed and,pending applicabfe laws with: exbntpossible in of tiis MOU. shall Iusg: . Agreement.: tr! any orther fu1rhis rn for wift the standarr(l of perfo,rmingtie i;l ofthe (no! on 8[I q i COURTANVSCAtrA$, FOR CHILDX,HN FSR KrmnA$ eo{.}NTY iil Sandrn BankstoA Exeei$ivs, Fir*tor Dated:Itv . KITTITA$ ffiTTNTY SLTERI*R $cottR" Dated: IF COT,IRS