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HomeMy WebLinkAboutResolution 2023 (18) Resolution No. 18 (2023) RESOLUTION DESIGNATING THE OFFICE OF CORPORATION COUNSEL TO REPRESENT THE INTEREST OF THE PUBLIC UNDER THE CHILDREN'S CODE, PURSUANT TO WIS. STAT. § 48.09(5) COVER MEMO TO: County Board of Supervisors FROM: Ken Witt, County Administrator Heather Amos, Corporation Counsel, Office of Corporation Counsel DATE: June 6, 2023 AGENDA ITEM: Resolution Designating the Office of Corporation Counsel to Represent the Interest of the Public under the Children's Code, Pursuant to Wis. Stat. § 48.09(5) ______________________________________________________________________________ BACKGROUND INFORMATION Currently the District Attorney's Office represents the interests of the public in filing Child(ren) in Need of Protection or Services (CHIPS) petitions. Due to the increased caseload of criminal cases within the District Attorney's Office and to assist in establishing efficient and effective case prosecution, the recommendation is that the prosecution of CHIPS cases be transferred to the Office of Corporation Counsel. Wis. Stat. § 48.905(5) states that the interests of the public shall be represented by the District Attorney, or if designated by the County Board of Supervisors, by the Corporation Counsel. The County Board of Supervisors may do so, but must inform the Department of Administration before January 1st of the year the duties are transferred. A resolution approved by the County Board is necessary in order to transfer the prosecution of CHIPS cases to the Office of Corporation Counsel effective January 1, 2024. Once an attorney is hired in the Office of Corporation Counsel in July 2023, the District Attorney's Office and the Office of Corporation Counsel will work together to address prosecution of CHIPS cases pending the official transfer of the CHIPS caseload effective January 1, 2024. Resolution No. 18 (2023) RESOLUTION DESIGNATING THE OFFICE OF CORPORATION COUNSEL TO REPRESENT THE INTEREST OF THE PUBLIC UNDER THE CHILDREN'S CODE, PURSUANT TO WIS. STAT. § 48.09(5) 1 WHEREAS, when a child is assessed to be unsafe in their home due to abuse or neglect, 2 the Children Services division of the St. Croix County Department of Health and Human 3 Services may request the District Attorney file a Child(ren) in Need of Protection or Services 4 (CHIPS) petition in circuit court pursuant to Wis. Stat. § 48.13; and 5 6 WHEREAS, the Adoption and Safe Families Act requires that a Petition for the 7 Termination of Parental Rights (TPR) be filed if a child remains in an out of home placement 8 due to the parent’s inability to meet conditions for the child’s return to their parental home for at 9 least 15 out of 22 months in order for the child to have permanency through adoption; and 10 11 WHEREAS, the St. Croix County District Attorney's Office represents the interests of 12 the public in CHIPS actions under Wis. Stat. §§ 48.13 and 48.133 and the St. Croix County 13 Office of Corporation Counsel prosecutes the TPR petitions under Wis. Stat. § 48.417. This split 14 of statutory duty results in difficulty for the prosecution for TPR petitions because the Office of 15 Corporation Counsel must learn the case from the beginning; and 16 17 WHEREAS, Wis. Stat. § 48.905(5) states that the interests of the public shall be 18 represented by the District Attorney, or if designated by the County Board of Supervisors, by the 19 Corporation Counsel. The County Board of Supervisors may do so, but must inform the 20 Department of Administration before January 1st of the year the duties are transferred; and 21 22 WHEREAS, the actual costs incurred by Office of Corporation Counsel in prosecuting 23 CHIPS and TPR court proceedings can be partially offset by making a claim for IV-E legal funds 24 through the Wisconsin Department of Children and Families. Approved claims are reimbursed 25 at the rate of 27% for CHIPS actions and 40% for TPR actions. Claims may be made for 26 personnel costs including attorney and clerical support, genetic testing fees, service of process 27 fees, publication and transcription costs, and others. The Office of Corporation Counsel has 28 entered into an IV-E agreement each year to recoup the costs of the TPR actions and can do the 29 same for CHIPS actions; and 30 31 WHEREAS, CHIPS and TPR prosecution are mandated services that St. Croix County 32 must provide to ensure the safety and well-being of all our children. Legal services provided by 33 the Office of Corporation Counsel will result in streamlined case activity between Children 34 Services and the Office of Corporation Counsel. Effective and efficient case prosecution will 35 result in a child’s safe return home or a permanent home through guardianship or adoption; and 36 37 WHEREAS, the Department of Health and Human Services Director, Children Services 38 Administrator, District Attorney, and Corporation Counsel have discussed the transfer of duties 39 and are in agreement; and 40 41 WHEREAS, the caseload is one that the Office of Corporation Counsel can absorb with 42 the recent approval of additional Assistant Corporation Counsel to prosecute CHIPS cases. 43 44 NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of 45 Supervisors designates the Office of Corporation Counsel to represent the interests of the public 46 for actions under Chapter 48, Children’s Code, pursuant to Wis. Stat. § 48.09(5) effective 47 January 1, 2024. 48 49 BE IT FURTHER RESOLVED that the St. Croix County Clerk shall deliver a certified 50 copy of this resolution to the Wisconsin Department of Administration no later than December 51 31, 2023. 52 Legal – Fiscal – Administrative Approvals: Legal Note: None Fiscal Impact: Addition of attorney plus benefits. The actual costs incurred by Office of Corporation Counsel in prosecuting CHIPS and TPR court proceedings can be partially offset by making a claim for IV-E legal funds through the Wisconsin Department of Children and Families. Approved claims are reimbursed at the rate of 27% for CHIPS actions and 40% for TPR actions. I 05/16/23 Administration Committee RECOMMENDED RESULT: RECOMMENDED \[UNANIMOUS\] MOVER: Paul Berning, Supervisor SECONDER: Bob Long, Supervisor AYES: Long, Koch, Berning, Feidler, Counter Vote Confirmation. St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement – Majority of Supervisors Present RESULT: ADOPTED \[UNANIMOUS\] MOVER: Carah Koch, Supervisor SECONDER: Scott Counter, Supervisor AYES: Lind, Anderson, Long, Leaf, Koch, Adams, Berning, Feidler, Ostness, Counter, Hansen, Sherley, Tellijohn, Carlson, Barcalow, Swanepoel, VanSomeren, Ramberg ABSENT: Richard Ottino This Resolution was Adopted by the St. Croix County Board of Supervisors on June 6, 2023 Christine Hines, County Clerk