HomeMy WebLinkAboutInterdepartmental MOU - MH Diversion Court with DBH FY 25-26.pdf 1 SERVICE AGREEMENT
2 This Inter-Departmental Agreement ("Agreement") is dated Jul 1 1 , 2025 and
3 is between the Fresno County Probation Department, ("Probation"), and the Fresno County
4 Department of Behavioral Health, ("DBH"), a political subdivision of the State of California.
5 Recitals
6 A. Assembly Bill (AB) 1810 and Senate Bill (SB) 215 (2018) amended Penal Code (PC)
7 Sections 1001.35-1001.36 to create a pathway for courts to authorize pre-trial diversion for
8 individuals with serious mental disorders who committed certain felony or misdemeanor crimes.
9 B. In June 2020 the Fresno County Mental Health Diversion Court, hereinafter referred to
10 as "MHDC", was established to more effectively address alternatives for individuals who are
11 arrested and jailed as a result of behaviors caused by their mental illness and/or conditions of
12 homelessness.
13 C. MHDC is a cross-system collaboration of the Superior Court, Office of the Public
14 Defender/Fitzgerald, Alvarez, & Ciummo and other defense attorneys, Office of the District
15 Attorney, Fresno County Sheriff-Coroner's Office (on behalf of contracted behavioral health
16 services provided in the Adult Detention Facilities, hereinafter referred to as "Jail"), DBH and
17 community behavioral health treatment providers.
18 D. A probation term is not required for pre-trial diversion, but it is desired that Probation
19 remain a collaborative partner in mental health diversion and provide services to the program.
20 E. Probation is in need of funding to maintain a Deputy Probation Officer assigned to
21 MHDC.
22 F. DBH is willing to provide the funding for said services through California Department of
23 State Hospitals (DSH) Jail Diversion and Mental Health Realignment funds.
24 The parties therefore agree as follows:
25
Article 1
26
Probation's Services
27 1.1 Scope of Services. Probation shall perform all of the services provided in Exhibit A
28 to this Agreement, titled "Scope of Services."
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1 1.2 Representation. Probation represents that it is qualified, ready, willing, and able to
2 perform all of the services provided in this Agreement.
3 1.3 Compliance with Laws. Probation shall, at its own cost, comply with all applicable
4 federal, state, and local laws and regulations in the performance of its obligations under this
5 Agreement, including but not limited to workers compensation, labor, and confidentiality laws
6 and regulations.
7 Probation shall provide services in conformance with all applicable State and Federal
8 statutes, regulations and sub regulatory guidance, as from time to time amended, including but
9 not limited to:
10 (A) California Code of Regulations, Title 9;
11 (B) California Code of Regulations, Title 22;
12 (C) California Welfare and Institutions Code, Division 5;
13 (D) United States Code of Federal Regulations, Title 42, including but not limited to
14 Parts 438 and 455;
15 (E) United States Code of Federal Regulations, Title 45;
16 (F) United States Code, Title 42 (The Public Health and Welfare), as applicable;
17 (G)Balanced Budget Act of 1997;
18 (H) Health Insurance Portability and Accountability Act (HIPAA); and
19 (1) Applicable Medi-Cal laws and regulations, including applicable sub-regulatory
20 guidance, such as Behavioral Health Information Notices (BHINs), Mental Health and
21 Substance Use Disorder Services Information Notices (MHSUDS INs), and provisions of
22 County's, state or federal contracts governing services for persons served.
23 In the event any law, regulation, or guidance referred to in this section 1.3 is amended
24 during the term of this Agreement, the parties agree to comply with the amended authority as of
25 the effective date of such amendment without amending this Agreement.
26
Article 2
27 Reporting
28 2.1 Reports. Probation shall submit the following reports:
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1 (A) Documentation— Probation shall maintain statistical and fiscal information required
2 by the MHDC program including but not limited to: number and demographics of
3 individuals served in each MHDC phase (eligibility, suitability and diversion);
4 diversion completion and terminations; nature of charges and diagnoses; structured
5 risk assessment results; office visits; home visits; positive drug tests; and violations
6 of program conditions. Further, Probation shall maintain records of the following
7 services provided by the assigned DPO in order to collect outcome measurements
8 and to aid in the evaluation of services provided as described in Article 1, Probation
9 Services, of this Inter-Departmental Agreement: referrals and linkages to behavioral
10 health treatment, anger management, medical, social, anger management,
11 education, employment and other services; and community supervision services
12 including electronic monitoring and drug tests. Support services for each individual
13 served needs to be documented in the individual's records and be related to their
14 diversion plan. These service records shall contain all the data necessary for
15 reporting to the State of California, and as requested, to DBH.
16 (B) Outcome Reports - Probation shall submit to DBH service outcome reports as
17 requested by DBH and include a cost per individual served. Outcome reports and
18 outcome requirements are subject to change at DBH discretion.
19 (C) DSH Diversion Reports - DBH is responsible for providing a report to the State which
20 will describe and evaluate the DSH diversion funding for essential planning
21 purposes, maintaining program accountability and program monitoring. Probation is
22 required to submit quarterly to DBH such statutory outcome data reporting. Outcome
23 data and report requirements are subject to change at State and DBH discretion.
24 (D) Fiscal Reports - Probation shall submit to DBH quarterly fiscal reports within seven
25 (7) calendar days after the end of each quarter and shall submit an annual year-end
26 cost report within thirty (30) calendar days after the end of each fiscal year, June
27 30th. Quarterly fiscal reports shall summarize the claim regarding hours billed during
28 the prior three (3) months. All reports submitted by Probation to DBH shall be sent to
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1 DBH-Invoices@fresnocountyca.gov, DBHForensicServices@fresnocountyca.gov
2 and the assigned Contract Staff Analyst.
3 (E) Additional Reports. Probation shall also furnish to DBH such statements, records,
4 reports, data, and other information as DBH may request pertaining to matters
5 covered by this Agreement. In the event that Probation fails to provide such reports
6 or other information required hereunder, it shall be deemed sufficient cause for DBH
7 to withhold monthly payments until there is compliance. In addition, Probation shall
8 provide written notification and explanation to DBH within five (5) days of any funds
9 received from another source to conduct the same services covered by this
10 Agreement.
11 2.2 Monitoring. Probation agrees to extend to County's staff, County's DBH and the
12 California Department of Health Care Services (DHCS), or their designees, the right to review
13 and monitor records, programs, or procedures, at any time, in regard to persons served, as well
14 as the overall operation of Probation's programs, in order to ensure compliance with the terms
15 and conditions of this Agreement.
16
Article 3
17 Compensation, Invoices, and Payments
18 3.1 DBH agrees to pay, and Probation agrees to receive, compensation for the
19 performance of its services under this Agreement as described in this section.
20 3.2 Maximum Compensation. The maximum compensation payable to Probation under
21 this Agreement is One Hundred and Seventy-Four Thousand, Nine Hundred Seventy-Six and
22 No/100 Dollars ($174,976.00). It is understood by all parties that up to Ten Thousand and
23 No/100 Dollars ($10,000.00) may be utilized by Probation for training costs. Probation
24 acknowledges that DBH is a local government entity and does so with notice that DBH's powers
25 are limited by the California Constitution and by State law, and with notice that Probation may
26 receive compensation under this Agreement only for services performed according to the terms
27 of this Agreement and while this Agreement is in effect, and subject to the maximum amount
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1 payable under this section. Probation further acknowledges that DBH employees have no
2 authority to pay Probation except as expressly provided in this Agreement.
3 3.3 Invoices. Probation shall submit quarterly invoices to DBH-
4 Invoices@fresnocountyca.gov, DBHForensicServices@fresnocountyca.gov and the assigned
5 Contract Staff Analyst. Quarterly invoices shall itemize hours billed during the prior three (3)
6 months for actual services provided pursuant to the terms and conditions of this Agreement.
7 Probation shall submit each invoice within 20 days after the quarter in which Probation performs
8 services and in any case within 20 days after the end of the term or termination of this
9 Agreement.
10 3.4 Payment. DBH shall pay each correctly completed and timely submitted invoice
11 within 45 days after receipt. Once the invoice has been approved for payment by DBH, the DBH
12 Finance Division shall prepare an Inter-Departmental Journal Voucher to reimburse Probation
13 for expenditures. The Inter-Departmental Journal Vouchers shall be subject to County, State
14 and Federal audits.
15 3.5 Incidental Expenses. Probation is solely responsible for all of its costs and
16 expenses that are not specified as payable by DBH under this Agreement.
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Article 4
18 Term of Agreement
19 4.1 Term. This Agreement is retroactively effective on the 1It day of July 2025 and
20 terminates on the 301h day of June 2026, or Article 5, "Termination and Suspension," below.
21
Article 5
22 Termination and Suspension
23 5.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
24 contingent on the approval of funds by the appropriating government agency. If sufficient funds
25 are not allocated, then DBH, upon at least 30 days' advance written notice to Probation, may:
26 (A) Modify the services provided by Probation under this Agreement; or
27 (B) Terminate this Agreement.
28 5.2 Termination for Breach.
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1 (A) Upon determining that a breach (as defined in paragraph (C) below) has
2 occurred, DBH may give written notice of the breach to Probation. The written notice
3 may suspend performance under this Agreement and must provide at least 30 days for
4 Probation to cure the breach.
5 (B) If Probation fails to cure the breach to DBH's satisfaction within the time stated in
6 the written notice, DBH may terminate this Agreement immediately.
7 (C) For purposes of this section, a breach occurs when, in the determination of DBH,
8 Probation has:
9 (1) Obtained or used funds illegally or improperly;
10 (2) Failed to comply with any part of this Agreement;
11 (3) Submitted a substantially incorrect or incomplete report to DBH; or
12 (4) Improperly performed any of its obligations under this Agreement.
13 5.3 Termination without Cause. In circumstances other than those set forth above,
14 either party may terminate this Agreement by giving at least 30 days advance written notice to
15 the other party.
16 5.4 No Penalty or Further Obligation. Any termination of this Agreement by either
17 party under this Article 5 is without penalty to or further obligation of either party.
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Article 6
19 Inspections, Audits, and Public Records
20 6.1 Inspection of Documents. Probation shall make available to DBH, and DBH may
21 examine at any time during business hours and as often as DBH deems necessary, all of
22 Probation's records and data with respect to the matters covered by this Agreement, excluding
23 attorney-client privileged communications. Probation shall, upon request by DBH, permit the
24 DBH to audit and inspect all of such records and data to ensure Probation's compliance with the
25 terms of this Agreement.
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Article 7
2
General Terms
3 7.1 Modification. Except as provided in Article 5, "Termination and Suspension," this
4 Agreement may not be modified, and no waiver is effective, except by written agreement signed
5 by both parties. Probation acknowledges that DBH employees have no authority to modify this
6 Agreement except as expressly provided in this Agreement.
7 7.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
8 under this Agreement without the prior written consent of the other party.
9 7.3 Governing Law. The laws of the State of California govern all matters arising from
10 or related to this Agreement.
11 7.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
12 County, California. Probation consents to California jurisdiction for actions arising from or
13 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
14 brought and maintained in Fresno County.
15 7.5 Construction. The final form of this Agreement is the result of the parties' combined
16 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
17 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
18 against either party.
19 7.6 Days. Unless otherwise specified, "days" means calendar days.
20 7.7 Headings. The headings and section titles in this Agreement are for convenience
21 only and are not part of this Agreement.
22 7.8 Severability. If anything in this Agreement is found by a court of competent
23 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
24 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
25 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
26 intent.
27 7.9 Nondiscrimination. During the performance of this Agreement, Probation shall not
28 unlawfully discriminate against any employee or applicant for employment, or recipient of
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I services, because of race, religious creed, color, national origin, ancestry, physical disability,
2 mental disability, medical condition, genetic information, marital status, sex, gender, gender
3 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
4 all applicable State of California and federal statutes and regulation.
5 7.10 No Waiver. Payment, waiver, or discharge by DBH of any liability or obligation of
6 Probation under this Agreement on any one or more occasions is not a waiver of performance
7 of any continuing or other obligation of Probation and does not prohibit enforcement by DBH of
8 any obligation on any other occasion.
9 7.11 Entire Agreement. This Inter-Departmental Agreement, including its exhibits, is the
10 entire agreement between Probation and DBH with respect to the subject matter of this
11 Agreement, and it supersedes all previous negotiations, proposals, commitments, writings,
12 advertisements, publications, and understandings of any nature unless those things are
13 expressly included in this Agreement. If there is any inconsistency between the terms of this
14 Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be
15 resolved by giving precedence first to the terms of this Agreement without its exhibits, and then
16 to the terms of the exhibits.
17 7.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
18 create any rights or obligations for any person or entity except for the parties.
19 7.13 Authorized Signature. Probation represents and warrants to DBH that:
20 (A) Probation is duly authorized and empowered to sign and perform its obligations
21 under this Agreement.
22 (B) The individual signing this Agreement on behalf of Probation is duly authorized to
23 do so and his or her signature on this Agreement legally binds Probation to the terms of
24 this Agreement.
25 7.14 Electronic Signatures. The parties agree that this Agreement may be executed by
26 electronic signature as provided in this section.
27 (A) An "electronic signature" means any symbol or process intended by an individual
28 signing this Agreement to represent their signature, including but not limited to (1) a
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1 digital signature; (2) a faxed version of an original handwritten signature; or(3) an
2 electronically scanned and transmitted (for example by PDF document)version of an
3 original handwritten signature.
4 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
5 equivalent to a valid original handwritten signature of the person signing this Agreement
6 for all purposes, including but not limited to evidentiary proof in any administrative or
7 judicial proceeding, and (2) has the same force and effect as the valid original
8 handwritten signature of that person.
9 (C)The provisions of this section satisfy the requirements of Civil Code section
10 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
11 Part 2, Title 2.5, beginning with section 1633.1).
12 (D) Each party using a digital signature represents that it has undertaken and
13 satisfied the requirements of Government Code section 16.5, subdivision (a),
14 paragraphs (1) through (5), and agrees that each other party may rely upon that
15 representation.
16 (E) This Agreement is not conditioned upon the parties conducting the transactions
17 under it by electronic means and either party may sign this Agreement with an original
18 handwritten signature.
19 7.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
20 original, and all of which together constitute this Agreement.
21 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
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DEPARTMENT OF BEHAVIORAL PROBATION DEPARTMENT
5 HEALTH
6
7 A000
Susan Holt(Jul 11,2025 15:35 PDT)
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Susan L. Holt, Director Kirk Haynes, thief Probation Officer
9 Department of Behavioral Health Probation Department
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12 DBH
13 Fund/Subclass: 0001/10000
Organization No.: 56302361 ($119,544)
14 56302091 ($55,432)
Expenditure Account/Program: 7295
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Probation
17 Fund/Subclass: 0001/10000
Organization No.: 34300380 ($174,976)
18 Revenue Account/Program: 5990
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10
Exhibit A
Scope of Services
Probation agrees to provide a Deputy Probation Officer (DPO) for services related to MHDC.
Said services shall include but not be limited to:
1. Participation in case staffing with the MHDC Team (Superior Court, Office of the
Public Defender/ Fitzgerald, Alvarez, & Ciummo and other defense attorneys,
Office of the District Attorney, Fresno County Sheriff-Coroner's Office on behalf
of Jail behavioral health services, DBH and community treatment providers).
Participation includes but is not limited to:
a. Making recommendations for acceptance or denial, including review of
any outstanding warrants or charges in other counties; and
b. Reviewing MHDC participant's progress and recommending
sanctions/incentives.
2. Serve as Court Officer.
3. Connect MHDC eligible individuals to behavioral health treatment.
services/programs as appropriate in order to complete suitability review.
4. Collaborate with the behavioral health treatment provider, assessing needed
medical, social, anger management, education, employment and other services
through pre-trial supervision program services as needed.
5. Meet with the MHDC participant in the home, office or program.
6. Provide case management and supervision services through electronic
monitoring and drug tests if court-ordered, utilizing evidence-based practices
through structured risk assessments and Risk-Needs-Res ponsivity (RNR) model
to ensure criminogenic needs are met. Case management services include but
are not limited to:
a. Meetings with MHDC participants to discuss sobriety, medication
compliance/side effects/effectiveness, living environment, treatment
attendance/compliance, law enforcement contacts, physical health,
A-1
Exhibit A
contact with family, family relationships and natural supports, and
compliance with terms and conditions of MHDC program;
b. Periodic home visits; and
c. Preparation and submission of documentation and review reports to
MHDC as outlined in Article 2 Reporting, in this Inter-Departmental
Agreement.
7. Collaborate with DBH as well as the other members of the MHDC Team on the
participant's progress and compliance with terms and conditions of MHDC.
8. Collaborate with DBH, members of the MHDC Team and law enforcement
agencies, as applicable, to locate participants who have absconded or are not in
compliance with terms and conditions of MHDC.
9. Advise Jail behavioral health services and behavioral health treatment providers
when a MHDC participant is booked into the Jail in order to ensure they are seen
immediately to assess mental health condition/stability and medication needs.
10. Attend training as needed with costs not to exceed Ten Thousand and No/100
Dollars ($10,000.00).
A-2