Agenda Item
3e) Approval of the Board of Supervisors' Response to the 2024/2025 Grand Jury Report and Disbanding of the Grand Jury Ad Hoc committee for the Grand Jury Report Titled "Continuity Report"; and Direction to the Clerk of the Board to Return Original to the County Counsel's Office for Submission
(Sponsors: Board of Supervisors and County Counsel)
The Grand Jury has had to ask for a better response to last year’s report on Family and Children’s Services report – specifically R10 recommending the implementation of a Quality Assurance unit within FCS – three times.
As a reminder, per penal code 933.05, a response of “The recommendation has been implemented” requires a summary of the details of implementation. The problem appears to be the word implementation.
The original response, 7/23/2024, by the Board failed to include a summary of implementation, and merely stated that FCS provides quality assurance pursuant to the guidelines set forth… by the state. No details of implementation.
When the Grand Jury asked for a better response – per the penal code – the subsequent response on 12/17/2024, included the exact same statement as the first response with a more in depth discussion of the processes. Again, no details on implementation.
The current Continuity Report states “The Board of Supervisors’ response to Recommendation 10 did not comply with the Penal Code by failing to include a summary of action taken to implement Quality Assurance in FCS”.
This response is more of the same. Discussion of process, but no discussion on implementation. A summary of implementation would include at the very least staffing, timelines and due dates, roles and responsibilities, chain of command, and, hopefully, policies and procedures. There is now a reference to a restructuring and contracting with the State, but again, no details.
I don’t know who is writing your response to the Grand Jury, but this response still doesn’t answer the question posed to you and so it would appear you are still in violation of the penal code.
Your current response states “The Board believes that any perceived non-compliance may be the result of a disconnect between the Grand Jury’s recommendation and the Board’s understanding of that recommendation.” Penal Code Section 933 sub-section (a) outlines the availability of the Jury for any clarification for an additional 45 days after the empanelment period – so a full year, plus 45 days to ask for clarification. I would think if you don’t understand what is missing, you would ask. Did you ask?
Also, your response says “The Board believes that the July 23, 2024, response …. Complied with penal code section 933.05”. I would just like to point out that, while the Grand Jury does the work, the presiding judge signs the report, which tells me that the judge didn’t think you complied with the penal code