Amended 3/2/06
JUDICIARY
February 16, 2006
Minutes
Members Present: Tina Weatherwax-Grant, Dianne Holman, Deb Nolan, Rebecca Bahar-Cook, Randy Schafer, Steve Dougan and Board Chairperson Victor Celentino
Members Absent: None
Others Present: John Neilsen, David Easterday, Judge Collette, Judge Lawless, Debbie DeLeon, Don Vickers, Marc Thomas, Dale Copedge, Christine Timmon, Gerald Blanchard, Thomas Hacker, Heidi Wilhelm, Tracy Feazel, Kim Trustum, Brian Cavanaugh, Jennifer Van Horn, Warren Lester, Ken Priesl, JoAnne Lucier, Deanna Rowen, Andy Beck, Dwayne Smith, Betsy Rueckert, Ken Carpenter, Randall Roy, Mary Sprague, Pat Mills, Judge Baird, Travis Faulds, Anthony Essenmacher, Ron Smoker, Greg Pincanbe, Randy Thayer, Jim Hines, Beth Latchana, Nick LaFave, Darnell Oldham Sr., Michael Cole, John McGlintchey Charles Corley and others
The meeting was called to order by Chairperson Weatherwax-Grant at 7:36 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the February 2, 2006 Minutes
MOVED BY COMM. DOUGAN, SUPPORTED BY COMM. NOLAN, TO APPROVE THE FEBRUARY 2 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY.
Additions to the Agenda
2a. and 2b. The items will be rescheduled for this Committee’s next meeting.
4. Highfields, Inc.
Limited Public Comment
Mr. Cole spoke in support of Highfields. He stated he is a former employee of Highfields. Highfields only hires people who would be good role models for the youth being treated at the facility. Mr. Cole explained that some youth at Highfields will challenge the staff’s authority. He also stated he believes in Mr. Hines and his staff. This Committee should keep in mind there are people who look for opportunities to file lawsuits. Mr. Cole urged the Committee to continue its relationship with Highfields.
Ms. Timmon stated Judges Houk and Manderfield recommended the County suspend its contract with Highfields in 2002. The County funded Highfields with Juvenile Justice Millage funds when they became available. Ms. Timmon stated perhaps the County should build its own facility. She suggested the County suspend its relationship with Highfields.
4. Highfields, Inc.
Chairperson Weatherwax-Grant stated when the residents of the County passed the Juvenile Justice Millage, they demonstrated their belief that there is a need for appropriate treatment of our youth. She explained this Committee will be objective during this fact-finding discussion. Once the discussion has completed, the Committee will make a recommendation to Board Chairperson Celentino regarding how the Board should proceed.
Chairperson Weatherwax-Grant explained the format for this evening’s meeting.
· Mr. Neilsen will discuss the County’s contract with Highfields
· Mr. McGlintchey will provide an overview of the contract with Highfields
· The Circuit Court will provide their thoughts on the current situation at Highfields, and it will explain why the youth were removed from the facility
· Highfields will respond to the previous discussion and then provide its thoughts on the situation and how it will respond
· The Committee will ask questions at this time
· Highfields and the Court will be allowed to address the Committee at the end of the discussions
Mr. Neilsen explained the County has not had a contract with Highfields, Inc. (Highfields) since October 1, 2004. The contract has been continued by the Circuit Court (Court) essentially on a month to month basis under the same terms and conditions. Mr. Neilsen stated the two programs and the financial implications are as follows:
StART (Stabilization Assessment Reintegration & Treatment) – 24 residential beds to be paid at $136,423.16 per month for an annual cost of $1,637,078;
FIRsT (Family Intervention & Restoration Program) – a structured alternative to detention programs for youths having problems meeting the terms of their probation to be paid at $24,013.89 per month for an annual cost of $288,167
Total Highfields, Inc. programming Costs:
Monthly Costs: $160,437 ($80,218.50 GF/JJM - $80,218.50 CCF
Annual Costs: $1,925,245 ($962,622.50 GF/JJM - $962,622.50 CCF
These are Child Care Fund eligible costs which means half of the costs are Ingham County General Fund (GF)/Juvenile Justice Millage (JJM) funds. The other half of the cost is State Child Care Funds (CCF).
Mr. Neilsen stated the Board of Commissioners passed a Resolution to Authorize a Re-Evaluation of Contractual Relations with Highfields, Inc. at its February 14, 2006 meeting.
Mr. McGlintchey, County Attorney, stated Mr. Neilsen’s analysis of the arrangement is correct. The parties have an implied contract. The County cannot legally pay Highfields for services if the facility is not treating any County youth.
Travis Faulds and Judge Baird addressed the Committee from the Circuit Court’s perspective. Judge Collette informed the Committee that Nervy Oliver would not be present this evening as he is sick with the flu.
Mr. Faulds stated the Court has had a long partnership with Highfields. The Court and Highfields have worked together in the past to resolve some concerns. Serious allegations have been made against Highfields this week. Highfields did not inform the Court of the 13 allegations in a timely manner. Seven of the 13 allegations were substantiated by the State Department of Human Services. At least two additional concerns are also being investigated.
Mr. Faulds stated the Court trusts its service providers to care for the County’s youth. The Court became alarmed when it was not informed of the current situation. He further stated the Court understands that many of the allegations are not as serious as alleged. Based on some conversations with Highfields’ staff and youth, the Court believes there are some valid allegations.
The Court has engaged in discussions to determine how it should proceed in light of the current situation. Mr. Faulds stated the Court’s goal is to protect the community’s rights and to hold offenders accountable in a safe environment. A determination was made by the Court to remove Ingham County youth from Highfields until further information is available for review. The Court does not see using Highfields’ services at this time.
Chairperson Weatherwax-Grant asked where the youth were placed once they were removed from Highfields by the Court. Mr. Faulds stated two of the youth were placed in the Ingham County Youth Center and the remaining 16 youth have been placed back in their homes with in-home detention. The Court ensured a smooth transition for the youth and has provided the appropriate support for each youth. Mr. Faulds stated the Court has every intention to identify the needs of the community and its youth before making any further determinations regarding the youths’ care.
Chairperson Weatherwax-Grant asked how the Court will handle future placements. Mr. Faulds stated the Circuit Court Judges will make placement determinations. Cases will be reviewed, screened and assessed prior to determining placement. This is the normal practice of the Court. The Court made a unanimous decision to remove the 18 youth from Highfields. The Court is only concerned about the very serious allegations.
Chairperson Weatherwax-Grant asked if the Court has contracts with other community-based providers. Mr. Faulds stated there are local services available and they would be paid on a per diem basis. If those providers fail to provide appropriate services, our youth will be removed from those providers. Facilities treating our youth should be monitored by the Court.
Mr. Hines addressed the Committee on Highfields’ behalf. He expressed his appreciation to the Committee for inviting him to this meeting. Mr. Hines stated he has sorted through the information to determine what he could share with this Committee and what this Committee needs to know. He explained that he notified the Court when he was notified of the allegations made regarding an event Monday night. The Court spoke with the youth at the facility on Tuesday. If the Judges do not trust Highfields, they will not send youth to the facility. Mr. Hines stated Judge Lawless informed him Highfields would need to do a lot of work to regain the Judges’ trust.
Mr. Hines stated if the Court has lost its trust in the facility, what he has to say this evening will have little value or validity. A new allegation has come up each day during the past 70 hours. Mr. Hines stated the concerns regarding Highfields will not be resolved by digging up dirt on the facility or its staff. A criminal investigation by the Ingham County Sheriff’s Office has been requested by Judge Collette.
Highfields has requested its licensing inspector to review the allegations and to take a hard look at Highfields’ programs to determine if there has been abuse and/or violations of the licensing rules. The inspector has been on site for a few days and will complete the inspection by the beginning of next week. The State of Michigan has also requested an investigation to determine if services are being provided as set forth in the contract.
Mr. Hines stated Judge Lawless will receive the Sheriff’s report and he will forward the other reports once they are received.
Highfields will take actions whether or not there are any substantiated violations. Mr. Hines stated he understands this has not been easy for the Highfields’ youth, staff and the Court. Over the years, Highfields has addressed concerns and made changes when appropriate. Mr. Hines expressed his appreciation to Chairperson Celentino for publicly supporting the good service Highfields has provided to the County youth. He stated Highfields’ staff works with some difficult individuals on a daily basis. This work is hard and should be done without any form of abuse.
Mr. Hines stated the reports from the investigations will be more critical in determining the validity of the allegations. He also stated if the County does not have any youth in Highfields, the County will not have any financial obligation to Highfields for that time period.
Highfields has a strong and positive 40-year history with the community. The facility has worked hard to develop successful programs which meet the needs of the County. Mr. Hines stated he understands the Judges removed the youth from Highfields based on safety concerns; however, he does not agree with the action.
Mr. Hines stated if the County had previous concerns regarding Highfields, it should have communicated those concerns to Highfields. Highfields does not want to lose its connection with the Court or the Ingham County Board of Commissioners. It is the intent of Highfields to address any issues arising from the investigations in the same manner it has addressed past concerns. Mr. Hines stated that once any issues have been resolved, he hopes to regain the trust of the Court. It is very sad that 40 years of history was quickly discounted when allegations were filed.
Chairperson Weatherwax-Grant stated Mr. Hines’ statements were helpful to the Committee. Now is the time for the Commissioners to ask questions of the Court and Highfields. Chairperson Weatherwax-Grant also stated the Committee understands this situation is moving quickly and that not all questions raised can be answered at this time.
Comm. Nolan asked if the Courts’ faith and trust can be restored, and if so, when might that occur. Mr. Faulds explained there is no set timeline. This issue has been addressed by the Court. It is the position of the Court that trust and faith may be restored if Highfields makes some wholesale changes. Sufficient allegations have been filed to indicate there are serious problems at Highfields. The Court will not send any youth to Highfields until personnel changes have been made, from the top to the bottom of Highfields’ organization. Cultural changes must also be made.
Mr. Faulds further explained the Court entrusted Highfields to hold youth accountable in a safe and secure environment that is conducive to learning. Allegations have been made which indicate the environment is not safe and secure. Allegations of coercion on behalf of some Highfields’ staff have been filed.
Judge Baird stated the Court does not have the full nature of the problem at Highfields at this time. When the issues are clarified, the Court can make a determination regarding its trust in Highfields. Mr. Faulds explained the Court will meet with the youth, their families and will rely on the investigative reports before making any determination regarding trust and faith in Highfields.
Judge Baird stated the Court was also not aware of additional allegations which will be investigated. Mr. Hines stated the DHS Central Office – Contracting Unit report should be available in approximately 30 days.
Comm. Schafer stated his heart bleeds for Mr. Hines and his staff. However, the Board of Commissioners’ role is to listen to the Court’s recommendation. He will not be involved in the situation or speak publicly about the situation. Comm. Schafer stated he would not ask questions of Highfields at this time. Highfields is proceeding in the proper manner to address the allegations and Chairperson Weatherwax-Grant is holding a well-structured meeting tonight. Incidents are bound to occur in an organization which has been operating for 40 years. Comm. Schafer stated he would wait anxiously for the reports.
Chairperson Celentino asked if the County is obligated to pay the full monthly rate to Highfields if only one bed is being used. Mr. Neilsen stated the County is obligated to pay the monthly rate regardless of the number of beds being used. Mr. McGlintchey, County Attorney, stated the County is not arguably obligated to pay the rate if beds are not being used. If the County paid Highfields when beds were not being used, it would in effect be making a financial gift to Highfields. This would be inappropriate. The County is operating on a month to month basis with Highfields; therefore, the relationship can be terminated at any time. Mr. McGlintchey further explained the County would be obligated to pay for the number of bed days used until the relationship has been terminated.
Comm. Holman stated if the Court has lost trust in Highfields, the County must respond regarding its financial obligation to Highfields. She stated her desperate hope that a fair process be used in determining the issue of trust in Highfields. Comm. Holman asked if the Court could continue to serve the youth with the funds which would have gone to Highfields. Judge Baird stated the Court will do what it must with whatever funds are available. She further explained she did not know if the current placements of the youth are being funded with the same funds. The Court traditionally works within its budget.
Comm. Bahar-Cook expressed her concern regarding the loss of faith and trust on the Court’s part. She asked how the Court was not aware of the seven allegations made against Highfields. Comm. Bahar-Cook also asked if the Court has any concerns with other providers. Mr. Faulds stated he is currently taking an in-depth look at the Court’s contracts for short and long-term placements. Licensing guidelines with out of State facilities are also being gathered for review. If substantial allegations are made against those facilities, the Court will again act swiftly.
Comm. Dougan asked if the Court has communicated with other counties with placements at Highfields. Mr. Faulds stated the Court has not sought information from other counties. The Court’s determination to remove its youth from Highfields was made based on this County and its youth. Judge Baird stated this issue was addressed in the State Bar newspaper.
Mr. Hines explained Highfields has contracts with 12 or 13 other counties. Since this situation, Highfields has received two calls from those counties. Those two counties have spoken with their youth and Highfields. Youth from the two counties are still at Highfields. Mr. Hines stated he expects to receive further phone calls.
Comm. Dougan asked if the Court is questioning any youth who were released from Highfields recently. Mr. Faulds stated the Court has talked with a few youth who were released from Highfields. A few concerns were expressed during those conversations. Mr. Faulds explained the Court does not assume that all allegations are true. The Court is moving forward in a methodical, fair and rational manner. Mr. Faulds further stated the Court has an obligation to check into the validity of the allegations.
Judge Baird stated the Court has also received calls from families who were happy with the services provided to their youth by Highfields.
Comm. Nolan stated she is sorry about this situation. Highfields does great work with a very difficult population. She asked if there was any way this situation could have been avoided. Mr. Faulds explained one of the main concerns the Court has is that it received third-party notification of some of the allegations. The notifications were not made in a timely manner. This situation may have been avoided if there was ongoing communication between the Court and Highfields.
Mr. Hines stated he is also sorry about this situation. Highfields still operates 15 other programs at this time. Those programs will continue. Highfields regrets this situation because Ingham County founded Highfields. Many mistakes were made regarding an incident which occurred three weeks ago. Highfields was not aware that the County was interested in knowing about allegations from other counties. Mr. Hines stated he is pleased that Judge Lawless is interested in reconnecting its relationship with Highfields.
Comm. Dougan stated he is pleased that investigations have been implemented. He then expressed his concern that Mr. Hines has not indicated that Highfields has taken any remedial actions to address the current allegations. Mr. Hines explained that some actions taken on Tuesday were related to Highfields’ investigation. The employees involved with the allegations are not working at this time. The Court will be notified of further actions taken by Highfields on Friday.
Chairperson Weatherwax-Grant asked how the Court became aware of the 13 allegations. Mr. Faulds stated the allegations were discovered on accident. The Court was reviewing Highfields’ licensing rules and discovered the allegations on the DHS website. Chairperson Weatherwax-Grant asked about the protocol being used by other organizations. Mr. Hines stated he doubted if it is standard protocol of other counties to immediately remove their youth when allegations have been made.
Chairperson Weatherwax-Grant expressed her concern that the County will have a serious problem if its standard protocol is to immediately remove youth from a facility when allegations have been made. Past issues with Highfields have been addressed and resolved. The current allegations arose so quickly and they weren’t communicated to the Court. Judge Baird stated she would like to know if there are any substantial claims in any programs which serve our youth.
Mr. Hines explained a substantial portion of the investigation does not involve abuse. It more than likely addresses violations of Highfields licensing rules. Mr. Faulds stated three of the seven allegations involved license rules regarding verbal and/or physical abuse. Mr. Hines stated there have not been any substantiated cases of abuse regarding Ingham County youth at Highfields.
Comm. Dougan asked about the financial implications for Highfields if the County’s action continues indefinitely. Mr. Hines stated there will be an effect on the staffing level at Highfields. There will be approximately a $1.8 million loss to Highfields’ $6 to $7 million budget. Highfields’ Board of Directors will probably meet in approximately 10 days. They would like to wait to meet until the investigative reports have been received.
Chairperson Weatherwax-Grant sincerely thanked Mr. Hines, Mr. Faulds, Judge Lawless, Judge Collette, Judge Baird and the Court representatives for participating in this discussion. The County takes its placement of our youth seriously. The youths’ needs are being met. Chairperson Weatherwax-Grant further stated the County will continue to ensure that its youth are being treated appropriately.
(The Committee recessed at 9:06 p.m.)
(The Committee was called back to order at 9:30 p.m.)
Chairperson Weatherwax-Grant stated the Committee discussed its options with the County Attorney during the recess. Mr. Neilsen explained that based on that discussion, a letter will be drafted to suspend the County’s relationship with Highfields, Inc. effective February 17, 2006.
Chairperson Weatherwax-Grant expressed her hope that communication will continue between the Court and Highfields and that the County can do business with Highfields in the future.
1. Circuit Court/Family Division – Community Mental Health, Resolution Authorizing a Contract with the Community Mental Health Board of Clinton, Eaton and Ingham Counties for the Ingham Family and Youth Intervention Partnership Program
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO APPROVE THE RESOLUTION AUTHORIZING A CONTRACT WITH THE COMMUNITY MENTAL HEALTH BOARD OF CLINTON, EATON AND INGHAM COUNTIES FOR THE INGHAM FAMILY AND YOUTH INTERVENTION PARTNERSHIP PROGRAM.
Comm. Dougan stated he does not like to approve Resolutions on a retroactive basis. The time period for this contract is October 1, 2005 through September 30, 2006.
MOTION CARRIED UNANIMOUSLY.
2. 55th District Court – Report on Court Activities
a. 55th District Court and Meridian Township Pilot Project Review
b. 55th District Court Revenue Analysis
These items will be rescheduled for this Committee’s March 2, 2006 meeting.
3. Delhi Township Ordinance Analysis
Mr. Neilsen explained it had been estimated the County would lose as much as $100,000 in revenue as a result of Delhi Township’s new ordinance. The Court was asked to provide some analysis to determine the true affects of this change. Details of this analysis are included in the agenda information for this item. The actual net loss to the County for each “over 10” speeding ticket written under local ordinance rather than State law is $1.66. The actual net loss for each stop sign ticket issued under the local ordinance rather than State law is $-0-. The major loss would be to the State’s Library Fund.
Using the 2004 Annual report figures, the Township issued 3,392 citations. If every citation is for an “over 10” speeding ticket, the maximum loss to the County would be $5,631.
Announcements: None
Public Comment
Ms. Timmon stated she wished the Board of Commissioners has suspended its contract with Highfields until the voters approved the Juvenile Justice Millage. The Court had concerns regarding Highfields a few years ago. She further stated the Board of Commissioners should honor the Court’s recommendation at this time.
Mr. Oldham stated contracts for services usually include provisions for reporting times, monitoring, etc. It appears there was insufficient monitoring of some of Highfields’ programs. If Highfields has problems, they should be addressed and corrections should be made instead of people trying to ruin a person’s or an organization’s reputation in the press.
Mr. Cavanaugh, Highfields Board of Directors, stated other members of the Board of Directors are also in attendance this evening. Highfields has done a wonderful job of serving the County. Mr. Cavanaugh thanked the Committee for listening to Mr. Hines earlier. Once the investigations have concluded, Highfields will act on any recommendations from the reports.
Mr. Cavanaugh further stated he hates to see a 40 years relationship ruined over the current situation. He stated he is confident Highfields will be back to re-establish its relationship with the Court once the situation is resolved.
Mr. Essenmacher, Highfields Board of Directors, stated that during his seven years of service at Highfields, Mr. Hines and the Board have never avoided an issue. Highfields’ primary goal is the care of the youth. Highfields addresses concerns in a timely manner.
Mr. Corley, Chairperson, Highfields Board of Directors, stated that when people look at the success ratios of Highfields, they will see that Highfields has served the community well. Highfields will address the report recommendations immediately and efficiently. Highfields’ first priority is the kids.
Mr. Cole expressed his appreciation to the Committee for having the opportunity to speak. He stated his major concern regards the current location of the youth who were removed from Highfields. He also expressed his concern regarding the adverse affect the removal will have on those youth and Highfields. Mr. Cole stated he hopes the Board of Commissioners will not rush to judgment. Kids are smart and will manipulate people and situations to their advantage. It is time for the community to come together to develop a better system for caring for our kids.
The meeting adjourned at 9:46 p.m.
Respectfully submitted,
Debra Neff