Family Matters: Brittany Gonzales vs Willard Maynard et al.

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HERUM\CRABTREE\SUNTAG

A California Professional Corporation

DANA A. SUNTAG (State Bar No, 125127)
JOSHUA J. STEVENS (State Bar No. 238105)
5757 Pacific Avenue, Suite 222

Stockton, California 95207

Telephone: (209) 472-7700

Facsimile: (209) 472-7986
dsuntag@herumcrabtree.com
jstevens@herumcrabtree.com

Attorneys for Defendants

COUNTY OF SAN JOAQUIN

(sued as “SAN JOAQUIN COUNTY,”

“SAN JOAQUIN COUNTY HUMAN _-
SERVICES AGENCY,” “SAN JOAQUIN CHILDREN»
SERVICES BUREAU,” and “SAN JOAQUIN CHILD
PROTECTIVE SERVICES") and

SHANNON SIVIENGKHAM (formerly

SHANNON BLANKENSHIP)

(sued as “SHANNON BLAKENSHIP”)

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN

BRITTANY GONZALES, as an individual ) Case No.: STK-CV-UPI-2019-9562
and Decedent JAXON TERRELL LOVE'S

successor in interest, DECLARATION OF JOSHUA J.
STEVENS AND REQUEST FOR
Plaintiffs, JUDICIAL NOTICE IN SUPPORT OF
DEFENDANTS COUNTY OF SAN
vs. JOAQUIN AND SHANNON
SIVIENGKHAM’S DEMURRER TO FIRST|
WILLARD MAYNARD, etal, CAUSE OF ACTION IN UNVERIFIED
FIRST AMENDED COMPLAINT
Defendants

Date: Septemberal 2020
Time: 9:00 a.m.

Place: Department 11B

The Honorable Roger Ross

Trial Date: Not set

Exempt from Filing Fees: Ca. Gov't
Gode § 6103

DECLARATION OF JOSHUA J. STEVENS AND
REQUEST FOR JUDICIAL NOTICE|, JOSHUA J. STEVENS, declare:

1. lam an attorney admitted to practice in California and in this Court and am!
a partner at Herum\Crabtree\Suntag, counsel of record for the SJC Defendants in this
action. | have personal knowledge of the facts contained in this Declaration and, if called}
on, could and would testify to them.

2. The SJC Defendants respectfully request, pursuant to Evidence Code
Section 452(d), that the Court take judicial notice of its January 30, 2020, order sustaining
the SJC Defendants’ prior Demurrer with leave to amend. A true and correct copy of this}

order is Exhibit A.

3. Additionally, the SJC Defendants respectfully request, pursuant to Evidence
Code Section 452(h), that the Court take judicial notice of the following matters, which
are or contain facts and propositions that are not reasonably subject to dispute and are
capable of immediate and accurate determination by resort to sources of reasonably

indisputable accuracy:

i) The San Joaquin County Clerk of the Board of Supervisors’
Procedures regarding Government Claims states that Government Claims
“are to be submitted to the Clerk of the Board of Supervisors.” A true and
correct copy of the Written Procedures (previously produced to Plaintiffs) is
Exhibit B.

ii) California’s Roster of Public Agencies (“Roster”), which is located atj
on the following website that the Secretary of State maintains:
https://admin.cdn.sos.ca.gov/ca-roster/201 9/ca-roster-complete. pdf

Page 68 of the Roster lists, as one of the County’s “Elected and Appointed}
Officials,” the “Human Services Agency Director’ (along with directors of the
other County departments). A true and correct copy of page 68 of the
Roster, which | downloaded from the California Secretary of State’s website
is Exhibit C.

iit) | The County's website is located at: https://www.sjgov.org
Embedded on page 16 of the SJC Defendants’ Demurrer to Plaintiffs’ First
Amended Complaint is a screenshot from the County’s website that
downloaded from that website, listing the County’s various departments,
and highlighting the Human Services Agency department.

DECLARATION OF JOSHUA J. STEVENS AND
REQUEST FOR JUDICIAL NOTICE 4iv) Alist of the County's departments can also be viewed at the County's
Department webpage: https:/Avww.sigov.org/government_depts

A true and correct copy of this webpage, listing the County's departments,
and their divisions (or bureaus), is Exhibit D. HSA is listed as a department
of the County, and “Children’s Services’ is listed under HSA.

v) The County’s website for the County Administrator is located at}
https://www.sigov.org/department/cao

A true and correct copy of the County's organizational chart, located afte!
selecting “General Information” and then “Functional Chart” from this
webpage, is Exhibit E.

vi) The County's Proposed Budget for 2020-2021 is located at}
https://www.sjgov.org/department/cao/county_budget

A true and correct copy of the County’s proposed budget for Humar}
Services for 2020-2021 is Exhibit F, and can be located in this link by going
to Page vi, and clicking the heading “G — Human Services” in the
hyperlinked table of contents, and scrolling down to Page G-7, entitled!
“Human Services Agency — Administration.” Additionally, Page G-11 of this
document explains that HSA is organized into five bureaus, one of which is
Children’s Services.

vii) The County Administrator's information page can be located at
https://Awww.sigov.org/department/cao/general_info

A true and correct copy of excerpts from the “Organizational Chart 20194
20” PDF obtainable on this webpage, including the Table of Contents thal
lists the County Departments—including HSA—and the section of the PDF]
dedicated to the HSA (starting at page 14.1), showing each of its divisions
(or bureaus), including Children’s Services, is Exhibit G.

viii) On June 21, 1983, the County of San Joaquin’s Board of Supervisors
retitled the County's “Department of Public Assistance” to “The Departmen!
of Human Services.” A true and correct copy of Resolution R-83-950 making
this title change effective as of July 1, 1983, is Exhibit H.

ix) A true and correct copy of the County of San Joaquin’s Board of
Supervisors’ Agenda for June 21, 1983, is Exhibit |. Page 3 of the Agenda,
at item 43, notes the “Reorganization of Human Services.”

x) Following the above retitling and reorganization of the Department of
Human Services in 1983, a true and correct copy of the County's
organizational chart for 1984 reflecting this title change is Exhibit J.
Additionally, organizational charts for the period of 2010 through 2020 are
attached to Exhibit J, illustrating that HSA continues to retain this same
name as a department of the County. (These documents were all previoust
produced to Plaintiffs.)

DECLARATION OF JOSHUA J. STEVENS AND.
REQUEST FOR JUDICIAL NOTICE 2=

oO ON DO TO FF WO DY

10

xi) | True and correct copies of excerpts of the County’s annual budgets
for the period of 2009 through 2020, all showing the County funds HSA, are
Exhibit K. The County's annual budgets from 2009 through 2020 can be
located at: https:/Ayww.sigov.org/department/cao/county budget

The right hand column of that page contains links for both the proposed and!
final budgets for each fiscal year, in descending chronological order.

| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on August 14, 2020, at Stockton, California.

(ipe—

JOSHUA J. STEVENS

DECLARATION OF JOSHUA J. STEVENS AND
REQUEST FOR JUDICIAL NOTICE 3EXHIBIT ASuper. - Court of California, County of Saiz wuaquin

MINUTE ORDER
Date: 01/30/2020 09:00 AM Case Number: STK-CV-UPI-2019-0009562
Brittany Gonzales vs Willard Maynard et al.
Event Type: Demurrer Department: 11B

Appearances: Presiding Judge: Roger Ross. Neither party appeared. Removed from Call.. Also attending: darellano Court
Clerk.

Katherine Bruce, counsel for Plaintiff, had requested for oral argument. Due to court's unavailability, the
hearing on the Demurrer is continued to February 4, 2020 at 9:00 a.m.

19-9562 Gonzales Demurrer SJC3 1/30/2020

Defendants County of San Joaquin and Shannon Siviengkham, aka Blankenship, demur to the Complaint filed by
Plaintiff Brittany Gonzales, and individual, and as successor in interest of decedent Jaxson Terrell Love. Having
read and considered the written motion, opposition, and reply, the court issues the following tentative ruling:

Defendants request for judicial notice is granted.

Plaintiff alleges: “On or about July 25, 2017, Decedent was found unresponsive in the Maynards' home and taken
to the hospital.... Between July 25, 2017 and July 28, 2017, treating physicians found that Decedent suffered
multiple life-threatening and serious injuries, including multiple rib fractures, injuries to the diaphragm muscles that
control breathing, abrasion to chin, multiple bruises throughout his body (including right upper arm and forearm,
chest, abdomen, pelvic region, upper right thigh, lower back, and bilateral buttocks), compression fractures to the
spine, and skull fractures that caused brain hemorrhaging and swelling. The braining hemorrhaging and swelling ©
restricted the flow of oxygen and ultimately caused brain death. On or about July 28, 2017, Decedent succumbed
to his injuries and died.” (Complaint, 1125.)

Plaintiff alleges that she presented a Government Tort Claim on January 4, 2018. Plaintiff never received a
response from the County, Human Services Agency, Children Services, CPS, or Blankenship. (Oppo. Memo p.3:5-
6)

The complaint was filed on July 24, 2019.

DiCampli-Mintz v. County of Santa Clara (2012) 55 Cal.4th 983, 991-993 states: The case stands or falls on
whether presentation of plaintiff's letter of intention to someone other than the statute's designated recipients or
the actual receipt of notice by a proper recipient, satisfies the prefiling claim requirement.

“It is uncontested that the claim was never delivered or mailed to the “clerk, secretary or auditor” as required by
section 915(a). Likewise, the “clerk, secretary, auditor or board” never actually received the claim. (§ 915(e)(1).)
Thus, neither section 915(a)'s specific requirements for compliance, nor section 915(e)(1)'s provision deeming
actual receipt to constitute compliance, were satisfied. Nevertheless, the Court of Appeal held that there was
“substantial compliance.” This was error.

“The proper construction of section 915 is dispositive. “In construing any statute, we first look to its language.
[Citation.] ‘Words used in a statute ... should be given the meaning they bear in ordinary use. [Citations,] If the
language is clear and unambiguous there is no need for construction, nor is it necessary to resort to indicia of the
intent of the Legislature....’ [Citation.] ‘If the language permits more than one reasonable interpretation, however,
the court looks “to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be
remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory
scheme of which the statute is a part.” [Citation.]’ [Citation.]” (S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374,
379, 46 Cal.Rptr.3d 380, 138 P.3d 713.) Also, a statute “ ‘must be given a reasonable and common sense

Minute OrderCase Number: STK-CV-UPI-201 9-00. 2 Brittany Gonzales vs W. Maynard et al.

interpretation consistent with the apparent purpose and intention of the lawmakers, practical rather than technical
in nature, which upon application will result in wise policy rather than mischief or absurdity.’ ” (City of Poway v. City
of San Diego (1991) 229 Cal.App.3d 847, 858, 280 Cal.Rptr. 368, quoting DeYoung v. City of San Diego (1983)
147 Cal.App.3d 11, 18, 194 Cal.Rptr. 722.) A court may not, “under the guise of construction, rewrite the law or
give the words an effect different from the plain and direct import of the terms used.” (California Fed. Savings &
Loan Assn. v. City of Los Angeles (1995) 11 Cal.4th 342, 349, 45 Cal.Rptr.2d 279, 902 P.2d 297.) Further, “ ‘[wle
must assume that the Legislature knew how to create an exception if it wished to do so..., [Citation] ” (Ibid.)

The Court of Appeal erred by failing to adhere to the plain language of section 915. Instead, it rewrote the statute
to read as the court believed it should provide.

Section 915(a)(1) reflects the Legislature's intent to precisely identify those who may receive claims on behalf of a
local public entity. Section 915(e)(1) reflects the Legislature's intent that a misdirected claim will satisfy the
presentation requirement if the claim is “actually received” by a statutorily designated recipient. Thus, compliance
with section 915(e)(1) requires actual receipt of the misdirected claim by one of the designated recipients. If an
appropriate public employee or board never receives the claim, an undelivered or misdirected claim fails to comply
with the statute. (Life, supra, 227 Cal.App.3d at p. 901, 278 Cal.Rptr. 196.) This straightforward construction
honors the statutory language and is consistent with the purpose of the claims statutes.” (DiCampli-Mintz v.
County of Santa Clara (2012) 55 Cal.4th 983, 991-993.)

Government Code Section 945.4 states that a party wha was required, but failed, timely to present a Government
Claim is barred: “[NJo suit for money or damages may be brought against a public entity on a cause of action for
which a claim is required to be presented in accordance with [Section 900, et seq.} until a written claim therefor
has been presented to the public entity ... ”

A plaintiff who misses this six month deadline is entitled to file an application with the public entity for leave to
present a late Government claim. (Cal. Gov't Code § 911.4{a).) Section 911.4(b) allows such an application to be
made ‘within reasonable time not to exceed one year after the accrual of the cause of action.' Again, here the
incident occurred on July 28, 2017. The one year time period passed on July 28, 2018, more than one year ago.

Because plaintiff has missed both the Government Claim presentation deadline of six months and the deadline to
file an application for leave to present a late claim, the court may not grant relief as to Defendant County of San
Joaquin. (County of Los Angeles v. Superior Court (2001) 91 Cal.App.4th 1303, 1314.)

However, in those cases in which a plaintiff is excused from compliance with the claim presentation requirement
“[a] plaintiff ‘must allege facts demonstrating or excusing compliance with the claim presentation requirement.’
State of California v. Superior Court (Bodde), 32 Cal.4th 1234, 1243.)” (Robinson v. Alameda County (N.D. Cal.
2012) 875 F.Supp.2d 1029, 1043-1045.) Plaintiff here has not made any such allegations regarding excusal from
compliance on the grounds that the county did not maintain an indexed Roster (now “Registry”) of Public Agencies
listing the Human Services Agency, Children Services, and CPS. Thus, Plaintiff has not stated a cause of action
against Defendants Human Services Agency, Children Services, CPS and Shannon Siviengkham. No such
indexed registry is required as the County itself. The demurrer is sustained with twenty days leave to amend.

In tight of this conclusion, it is unnecessary to determine at this time whether the Human Services Agency,
Children Services, or CPS is a “public agency” as that term is used in Government Code section 53051.

The court will address another shortcoming in Plaintiffs pleading. California Code of Civil Procedure Section
377.32 requires a person who seeks to sue as a decedent's successor in interest to comply with certain procedural
prerequisites relating to the filing of a declaration under penalty of perjury. Additionally, Code of Civil Procedure
section 377.32(c) requires that '[a] certified copy of the decedent' death certificate shall be attached to the affidavit
or declaration." Plaintiff has failed to allege the necessary elements and file the required declaration. As to these
grounds, the demurrer is sustained with twenty days leave to amend.

If either party requests a hearing, the matter will be continued to February 4, 2020 at 9:00 a.m. in Department 11B.

The case management conference scheduled for May 13, 2020 at 8:30 a.m. in Department 11B will remain.

Minute OrderCase Number: STK-CV-UPI-2019-00 _ 2 Brittany Gonzales_vs w Maynard et al.

Ross
1/28/2020

Demurrer continued to February 4, 2020 at 9:00 AM in Department 11B,

Court notes, the Case Management Conference scheduled for March 6, 2020 was vacated and reset for
May 13, 2020.

Minute OrderEXHIBIT BClerk of the Board
of Supervisors |

Procedures

CLAIMSCLERK OF THE BOARD OF SUPERVISORS PROCEDURES CLAIMS

Pursuant to California Government Code Section 905, 910, and 915, the Clerk of the Board shall
distribute and maintain Claim for Damage or Injury forms.

Claims for Damages or injury filed against San Joaquin County are to be submitted to the
* Clerk of the Board of Supervisors.

pe EY eae Tee nem ere) ak eel a SA Se he)
1. Date Stamp the Claim in the top right corner

2. If hand-delivered, provide the Claimant the Pink copy. Otherwise, the entire form will be hand
delivered to County Counsel after following steps 3 and 4 below.

3. Input the Claim into the Claims Database: "H:\COB\Claims\Access Claims DB\Claims.accdb"

a. Select Entry Update Screen

BB) meen

b. Click “New”

c Input data and click save

4 Scan the Claim and all attachments into Questys.
COB/COB Old/COB Only/Claims/ By Year then By Month of date received.
For instructions on Scanning, see Clerk of the Board of Supervisors Procedures: SCANNING

5. Hand deliver the Claim and all attachments to County Counsel. The COB office does not retain a
hard copy of the claim or attachments.

For questions regarding the Claims database, please contact Joe Moua in ISD at x8-0405.

Revised 06/2014 Page lofiEXHIBIT C9
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County Officials

SAN FRANCISCO CITY and COUNTY (Continued):

Superior Court Website: htto://sfsuperiorcourt.ora

SAN JOAQUIN COUNTY

Address: 44 N. San Joaquin Street, Administration
Building, Stockton, CA 95202

Telephone: (209) 468-3113

Fax: (209) 468-2350

Website: www, sigov.ora

Email: mduzenski@sigov.orq

Business Hours: Monday through Friday 8:00 a.m. to
5:00 p.m.

Incorporated: February 18, 1850

Legislative Districts: 9" CD; 5 SD; 12, 13" AD
Population; 695,750

County Seat: Stockton

Board of Supervisors
District 1: Miguel Villapudua
District 2: Katherine Miller
District 3: Tom Pattt

District 4: Chuck Winn
District 5: Bob Elliott

Elected and Appointed Officials

Agriculture Commissioner: Timothy Pelican

Airport - Stockton Metropolitan Director: Russell Stark
Assessor/Recorder/County Clerk: Steve J. Bestolarides
Auditor-Controller: Jerome Wilverding

Clerk of the Board: Mimi Duzenski

Child Support Services Director: Lori A. Cruz
Community Development Director: Kerry Sullivan
Cooperative Extension Director: Brent A. Holtz
County Administrator: Monica Nino

County Counsel: J. Mark Myles

District Attorney: Tori Verber Salazar

Employment & Economic Development Director: John
Solis

Environmental Health Director: Linda Turkatte
Facilities Management: Craig Ogata

General Services Director: Marcia Cunningham

Health Care Services Director: Greg Diederich

Human Resources Director: Ted Cwiek

Human Services Agency Director: Michael Miller
Information Systems Director: Jerry Becker

Probation Officer Chief: Stephanie James

Public Defender: Miriam Lyell

Public Works Director: Kris Balaji

Purchasing and Support Services: Jon Drake
Registrar of Voters: Melinda Dubroff

San Joaquin General Hospital Chief Executive Officer:
David Culberson

Sheriff-Coroner-Public Administrator: Patrick Withrow
Superintendent of Schaols: James A. Mousalimas
Treasurer/Tax Collector: Phonxay Keokham

Superior Court Judges

Presiding Judge: Richard J. Guiliant

Assistant Presiding Judges: Bobby W. McNatt, William J.
Murray, Jr., George J. Abdallah, Jr., Jose L. Alva, Robin
Appel, Michael D. Coughlan, Cinda Sanchez Fox, Bernard
J, Garber, Thomas M. Harrington, Lesley D. Holland,
Carter P. Holly, Elizabeth Humphreys, Barbara A.
Kronlund, Linda L. Lofthus, Anthony P. Lucaccini, Richard
M, Mallett, Ronald A. Northup, Charlotte J. Orcutt,

John W. Parker, Franklin M. Stephenson, F. Clark
Sueyres, Jr., Lauren P, Thomasson, Terrence R. Van Oss,
Richard Viavianos, David P. Warner

Superior Court Website: www.stocktoncourt.ora

SAN LUIS OBISPO COUNTY

Address: 1055 Monterey Street, Room D-430, San Luis
Obispo, CA 93408

Telephone: (805) 781-5011

Fax: (805) 781-5023

Website: www.co,slo.¢a.us

Emall:

Business Hours: Monday through Friday 8:00 a.m. to
5:00 p.m.

Incorporated: February 18, 1850

Legistative Districts: 24 CD; 17 SD; 35%, 37th AD
Population: 269,637

County Seat: San Luis Obispo

Board of Supervisors
District 1: John Peschong
District 2: Bruce Gibson
District 3: Adam Hill
District 4: Lynn Compton
District 5: Debbie Arnold

Elected and Appointed Officials

Assessor: Tom Bordonaro
Auditor-Controller-Treasurer-Tax Collector: James W.
Hamilton

County Administrator: Wade Horton

County Counsel: Rita Neal

County Clerk-Recorder: Tommy Gong

District Attorney: Dan Dow

General Services Director: Will Clemens

Health Agency Director: Michael Hill

Human Resources Director: Tami Douglas-Schatz
Planning Director: Trevor Keith

Public Works Director: Colt Esenwein

Purchasing Agent: Will Clemens

Sheriff-Coroner: Ian Parkinson

Social Services Director: Devin Drake
Superintendent of Schools: James Brescia

Superior Court Judges

Presiding Judges: Dodie Harmon, Ginger E. Garrett
Assistant Presiding Judge: Jacquelyn H. Duffy, Charles
Stevens Crandall, Jac A. Crawford, Jacquelyn Duffy, Rita
Federman, Linda Hurst

Superior Court Website: www.slocourts.net

California Roster 2019

63EXHIBIT DSan Joaquin County — Government

Ge

Home> Government > County Departments

List Departments by Alphabetical Order

General Government & Capital Maintenance
Assessor
Auditor-Controller
Board of Supervisors
Clerk of the Board
‘County Administrator
County Counsel
Employment and Economic Development
Genoral Services
== Capital Projects
-- Facilities Management
~ Office of Emergency Services
>- Parks and Recreation
Human Resources
-- Employment Opportunities
-- Equal Employment Opportunity
~ Labor Relations
> Risk Management
Information Systems Division
~- Registrar of Voters - Elections
Purchasing and Support Services
Recordes-County Clerk
Treasurer-Tax Collector's Office
-- Revenue and Recovery

Law & Justice
District Attomey
Child Support
Public Defender
Probation Department
Sheritf-Coroner-Public Administrator

Roads & Facilities
Public Works
=~ Solid Waste
Stockton Metropolitan Airport

Special Districts

a Page 1 of 2
Departments 1 Open
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Environmental Protection
Agricultural Commissioner
Community Development
Environmental Health
Cooperative Extension

Health Services
San Joaquin General Hospital
Health Care Services
Emergency Medical Services
-- Mental Health Services
-- Public Health Services
-- Substance Abuse Services

Human Services

Human Services Agency

=~ Administration

= Aging and Community Services
~~ CalWOAKS

-- Children Services

Community Involvement

~- First 5 San Joaquin

=~ CalFresh (Formerly Food Stamps)
Medi-Cal

-- Program Development
Veterans Services

Recreation & Education

Parks and Recreation
Micke Grove Zoo
-- Oak Grove Nature Center
Cooperative Extension

Boards and Commissions
Juvenile Justice Delinquency Prevention Commission (JJDPC)

Other Agencies
Local Agency Formation Commission (LAFCO)

Mountain House Community Services District,

https://www.sjgov.org/government_depts 8/13/2020EXHIBIT EPage | of I

Functional Organization Chart
Voters
T
*. Board of Supervisors .
I
Coumty Administrator
General Government
& Coplt Law adustice | fade Faatiiien | HealihServtceo | HumanServices | Envirenmensl Recreatlon &
Nsintorance tection
Assessor-Recorder- 5 ‘i Employment & Eoonanin| rights 8
“County Gl. Avation —_| Environmental Real] EnPloymante Semname) ArixsinaN¥eit 4 | Cooperative Extension
“nustor Conti PubloWorks | Heakh Gare Services| Human Services ree Lory
San Joaquin General
Hospital Parks & Recreation
Probation
Gener! Sanvices Public Dalender
‘Human Resources,
information Systems
PurchasingSuppert +72 leet oniiats
Appolnted Officiats

https://www.sjgov.org/uploadedlmages/SJC/Departments/CAO/Gralinfo/SJC_Functional_..._ 8/13/2020EXHIBIT FACVACE Ata

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Ojiita-melmial-mGolUlpinya Ce anllaliciae-1cels
ALU ate paral rae)Table of Contents

Summary - All Airport Budgets

9230901000
9231000000

Airport Enterprise Fund
Airport Capital Projects.

etal = Aa eo) Aneto}

Appropriations - Health Services

Summary - All Health Care Services Budgets ...

4040300000 Mental Health Pharmacy
4040500000 Mental Health Services...
4040700000 Behavioral Health Administration
4040600000 Substance Abuse Services
4041000000 Public Health Services...
4041200000 Public Guardian/Conservator
4041800000 Emergency Medical Services
4045415000 California Children’s Services.
4049500000 Health Care Services Administratio:
4049600000 Whole Person Care Program ...
4049700000 Office of the Medical Examiner
Public Works
4040800000 Utility Districts......
9210000000 Solid Waste Enterprise Fund...
9312000000 CSA 31 Sewer Enterprise Fund
4042000000 Environmental Health -..........ccscscscssssssssssssessssessesssecersssnsessssasanecensarsnnaeseeneseasenesesenees F-56
4049100000 Children & Families Program (First 5) .F-63
4049400000 Operating Transfers to Health Care
9221100000 Hospital Enterprise Fund

Romer NES so (el=t)

Appropriations - Human Services

Summary - All Human Services Agency Budgets.

vi

County of San Joaquin 2020-2021 Proposed BudgetTable of Contents

5050101000 Human Services Agency - Administration.........ssssssssessssssssssesssessnessesssssnnessneecescaeeeee Go?
5053900000 Mary Graham Children’s Shelte
5054000000 Community Services
5054101000 Aging & Community Services
5053300000 Burials ..
5055103000 Employment & Economic Development .
5055246000 Neighborhood Preservation
5055600000 Veterans Services Office...

MET =inttey Gale]

Appropriations - Education

6060800000 County Library.......
6061500000 UC Cooperative Extension.

Reese Raa eln tt 018) |

Appropriations - Parks & Recreation

7070300000 General Services - Parks & Recreation
7070800000 Cultural Services........-csseee

Alpmore) bal [el=h [or] st

Appropriations - Contingencies.

1019000000 Contingency Provision ........c:ccescsesseeesesesssnnsenseseeteeeseneeiees

jest ad 10 VEEL Eo)

Special Districts
Lighting District
Maintenance District.
Fleod Control and Water... ween
County Service Areas (Public Works:
County Service Areas (Parks)

County of San Joaquin 2020-2021 Proposed Budget vii5050101000—Human Services Agency-Administration =

Human Services Chris Woods, Human Services Director
2018-2019 2019-2020 2020-2021 2020-2021 Increase/
General Fund Actual Adjusted Requested Recommended (Wecrease)
Expenditures
Salaries & Benefits $105,966,971 $122,188,438 $123,937,351 $123,937,351 $1,748,913
Services & Supplies 43,572,935 56,545,880 60,426,706 60,426,706 3,880,826
Centrally-Budgeted Expenses 5,765,432 4,544,185 6,574,166 6,574,166 2,029,981
Other Charges & Uses 173,475,527 207,735,516 216,782,666 216,782,666 9,047,150
Capital Expenditures 93,052 7,186,899 7,804,708 7,804,708 617,809
Clearing Accounts 61,338 0 0 Q 0
Total Expenditures $328,935,255 $398,200,918 $415,525,597 $415,525,597 $17,324,679
Expenditure Reimbursements (4,787,964) (6,685,915) _(7,793,818) (7,793,818) (1,107,903)
Total Appropriations $324,147,291 $391,515,003 $407,731,779 $407,731,779 $16,216,776
Earned Revenues By Source
Aid From Other Governmenis $312,442,604 $374,379,656 $390,655,255 $390,655,255 $16,275,599
Miscellaneous Revenues 509,920 500,000 500,000 500,000 0
Operating Transfers In 4,688 0 0 0 0
Total Revenues $312,957,212 $374,879,656 $391,155,255 $391,155,255 $16,275,599
Net County Cost $11,190,079 $16,635,347 $16,576,524 $16,576,524 ($58,823)
Allocated Positions 1,151.0 1,165.0 1,169.0 1,169.0 4.0
Temporary (Full-Time Equivalent) 1.8 18 27 27 0.9
Total Staffing 1,152.8 1,166.8 1,171.7 1,171.7 49
Pu rpose > Adult Protective Services (APS)

> In-Home Supportive Services (HSS)

The Human Services Agency (HSA) provides State and > Refiugee Cash Assistance

Federal-mandated public assistance and a variety of social

service programs for the citizens of San Joaquin County. > Mary Graham Children’s Shelter
Programs include:
Federal and State legislation and local regulations govern the
> California Work Opportunity and Responsibility methods by which resources of the Agency are allocated,
to Kids (CalWORKs)

This budget narrative reflects the combined administrative
> Foster Care and financial assistance program costs and funding for the
> CalFresh public assistance programs administered by HSA. The HSA
projected program caseloads were developed prior to the
> General Assistance (GA) onset of 2019 Novel Coronavirus (COVID-19). Accordingly,
> Medi-Cal the HSA budget may need to be adjusted to address future
human services caseload increases attributable to the
> Adoption Assistance economic impacts of COVID-19. Moreover, there may be
> substantial changes to State and Federal funding which may

Child Protective Services require further budget adjustments.

County of San Joaquin 2020-2021 Proposed Budget G-75050101000—Human Services Agency-Administration

Human Services

overall County fiscal impact for Project Roomkey would
increase should additional hotel lease occupancy agreements.
be executed. However, these costs could be reimbursed
through Federal Coronavirus Aid, Relief, and Economic
Security (CARES) Act funding.

Funding identified and made available for Project Roomkey
include SB 89 allocations to the County ($471,729),
Continuum of Care (CoC) ($102,547), and City of Stockton
($650,000). Each funding source will contribute a
proportionate share of SB 89 funding for the Motel 6
component of Project Roomkey expenses, with the County
share of $307,640, the CoC share of $66,877, and the City of
Stockton share of $423,901 totaling $798,418,

Agency Structure

HSA is organized into five bureaus: Income Maintenance;
Children’s Services; Employment and Youth Services; Aging
and Community Services; and Administrative Services.

Income Maintenance Bureau

The Income Maintenance Bureau is responsible for
determining, issuing, and maintaining the correct and timely
Federal and State-mandated benefits for the CalWORKs,
CalFresh, Medi-Cal, Foster Care, and Refugee Assistance
programs,

HSA experienced a steady increase in CalFresh caseload
beginning June 1, 2019, and this trend is expected to continue
in 2020. While the CalFresh caseload is increasing,
CalWORKs and Medi-Cal caseloads were expected to decline
in 2020 prior to the unexpected pandemic and associated
economic impacts. With the onset of COVID-19, there have
been increases in CalWORKs, Medi-Cal, and GA
applications which are expected to continue into 2020-2021.

HSA continues to collaborate with community partners to
conduct outreach to potentially eligible households and to
assist with benefit program application and renewal
processes. HSA has also conducted community outreach and
enrollment by leveraging the network of Community Centers
operated by HSA’s Aging and Community Services Bureau.
Eligibility Workers are co-located at the Boggs Tract, Garden
Acres, Kennedy, Larch Clover, Lodi, and Northeast
Community Centers to provide County residents with
increased access to the CalWORKs, CalFresh, and Medi-Cal
programs. In collaboration with San Joaquin General
Hospital (SIGH), HSA will continue to provide enhanced
access to the Medi-Cal program by providing a Medi-Cal
eligibility unit to process Medi-Cal applications for patients
served at SIGH, including inmates that receive acute inpatient
hospital services. Additionally, an Eligibility Worker rotates
at Channel Medical Center, Woodbridge Medical Center, and
Tracy Care Center to provide Medi-Cal application assistance
to patients at those clinics.

Children’s Services Bureau

The Children’s Services Bureau is responsible for services
that ensure the safety, permanency, and well-being of children
who have been abused or neglected. The major components
of the Children’s Services programs are Child Abuse
Prevention, Emergency Response, Family Preservation,
Family Maintenance, Family Reunification, Permanent
Placement, Adoption, and Independent Living. Each
component requires specific in-person service delivery by
Social Worker staff to prevent or remedy neglect or abuse,
State law requires Children’s Services agencies to investigate
reports of child maltreatment either within 24 hours or within
10 days, based upon the severity of the allegations and risk to
the child. When Children’s Services receives a report of
suspected child abuse or neglect, Social Workers investigate
the report to determine if the alleged child maltreatment is
substantiated as defined in State law. Substantiated reports
require further action and can result in either the provision of
supportive services to the child and family, or if there is
imminent risk to the child’s safety, the removal of the child
from the home.

Assembly Bill (AB) 403 was signed into law on October 11,
2015, and provided the statutory and policy framework to
ensure services and supports are child-centered and tailored
toward the ultimate goal of maintaining stable permanent
families. AB 403 mandates substantial steps to achieve
improvements in child experiences and outcomes by ensuring
that Resource Families receive targeted training and support
to better prepare them to meet the needs of vulnerable children
in the foster care system and to ensure children are able to be
cared for in high-quality, home-based family care
environments. The legislation also advances California’s
long-standing goal to move away from the use of long-term
group home care by increasing youth placement in family
settings and by transforming existing group home care into an
environment where youth who are not ready to be placed with
families, can receive short-term intensive treatment geared
towards transitioning them to family-based care.

The Continuum of Care Reform adopted through AB 403,
includes the mandate to conduct Child and Family Team
meetings within 60 days of a child’s removal from the home,
and then at least every six months thereafter while the Agency
is providing services to the family. The purpose of these
meetings is to invite family members, service providers, and
other support people to discuss the strengths and safety
concerns for each family and to incorporate their voices in the
case service plan.

Ongoing case management services assist in the development
of basic life skills of the family to keep the family intact or to
develop alternate family structures when the child cannot
safely remain in the home. Approximately 12 months of
services are provided to children who remain safely in the

County of San Joaquin 2020-2021 Proposed Budget

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sao{asag |e33]EXHIBIT H355.00
cc: 118.76

BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN,
STATE OF CALIFORNIA

R-83-350

RESOLUTION AMENDING SALARY ASSIGNMENT AND DEPARTMENTAL ALLOCATION
LISTING FOR THE DEPARTMENT OF PUBLIC ASSISTANCE,

-o0o-

WHEREAS, Section 2-5206 of the Ordinance Code of San Joaquin, as
amended, provides that the Board of Supervisors shall by resolution
determine the numbers and Glasses of positions permitted in the County
departments, and assign salaries and salary ranges to all officers and
employees of the County; and,

WHEREAS, the Board of Supervisors has requested changes to
be made in the organization and allocation of positions in the
Department of Public Assistance; and,

WHEREAS, the County Administrator has reviewed and approved .

‘the request;

NOW, THEREFORE, BE IT RESOLVED that effective July 1, 1983
x the Department of Public Assistance be retitled to the Department
of Human Services; and

BE IT FURTHER RESOLVED that the Salary Range Assignment and
Departmental Allocation Listing be amended by the following
actions and in the following order:

EFFECTIVE JULY 11, 1983

Create the class at the following Salary Range, Class Code
Group Number and Representation Unit:

SALARY CLASS GROUP REP.
CLASS RANGE CODE NUMBER UNIT

Director of Aging/ “60.50 9058 1 A
Community Services
EEFECTIVE JULY 11, 1983 ~ DEPARTMENT OF HUMAN SERVICES
assign the class and allocate the following position at the

following Salary Range, Class Code, Group Number and Representation

Unit:
NUMBER OF SALARY CLASS GROUP REP.
CLASS POSITIONS RANGE CODE NUMBER UNIT
Director of Aging/ L 60.50 9058 1 A

Community Services

sJc000389June 21, 1983 -2- R-83-950

The class of Director of Aging/Community Services be exempt from
the County Civil Service System coverage, and that the Board introduce
and waive reading of an Ordinance and adopt such Ordinance on June 28,
1983.

EFFECTIVE JOLY 11, 1983

Create the classes at the following Salary Range, Class Code, Group

Number and Representation Unit:

SALARY CLASS GROUP REP

CLASS RANGE CODE NUMBER Uni?
Children Services Coordinator 58.25 6065 l B
Adult/Contract 58.00 6060 1 B

Services Coordinator
EFFECTIVE JULY 11, 1983 - DEPARTMENT OF HUMAN SERVICES
. Assign the class and, allocate the following positions at the

following Salary Range, Class Code, Group Number and Representation

Unit:
NUMBER OF SALARY CLASS GROUP REP.
CLASS POSITIONS RANGE CODE NUMBER UNIT
Children's Services
* Coordinator 1 58.25 60.65 1 B
Aduit/Contract
Services Coordinator 1 58.00 60.60 1 B

EFFECTIVE JULY 11, 1983 - DEPARTMENT OF AGING
Delete the following position, and recall the class and then
abolish the class.

NUMBER OF SALARY CLASS GROUP REP.
CLASS POSITIONS RANGE CODE NUMBER UNIT

Director of Area
Agency on Aging 1 $6.25 7.25 l A

EFFECTIVE OCTOBER 16, 1983 - DEPARTMENT OF HUMAN SERVICES
Delete the following position.

NUMBER OF SALARY CLASS GROUP REP.
CLASS POSITIONS RANGE CODE NUMBER UNIT

Deputy Director -
Public Assistance 1 60.50 6072 1 B

Retitle the following class subject to Civil Sexvice Commission

approval and assign a new Salary Range.

FROM:
SALARY CLASS GROUP REP.
CLASS RANGE CODE NUMBER UNIT
Public Assistance Director 68.50 60.75 1 A

‘sucoc0390Sune 21, 1983 -3- R-83-950
TO:
class SALARY CLASS GROUP —-REP.
RANGE CODE NUMBER UNIT
Director of Human Services 69.50 6075 1 A

PASSED AND ADOPTED this 21st day of June y 1983, by the following
vote of the Board of Supervisors, to wit:
AYES: YOSHIKAWA, BARBER, WILHROIT, COSTA, ALVA
NOES: NONE
ABSENT: NONE

OSE i. ALVA, Chairman
Board of Supervisors
County of San Joaquin
State of California

ATTEST: JORETTA J. HAYDE,

Clerk of the Board of Super-

visors of the County of San

Joaquin, State of California
©

BY,

Deputy Clerk

DISTRIBUTION: Clerk of the Board 2, County Administrator 2, Auditor 2
Counsel, Personnel, George Spadafore, Dept. of Public
Assistance, Department of Aging

suc000391EXHIBIT !BOARD OF SUPERVISORS COUNTY STAFF

Chairman DAVID D. ROWLANDS, JR.
JOSE L ALVA County Administrator
‘Third District GERALD A. SHERWIN
Vice Chairman ‘County Counsel
GEORGE L. BARBER MORETTA J. HAYDE
Fourth Distt BOARD OF SUPERVISORS Ghorkof tho Board
RICHARD S, YOSHIKAWA
First District San Joaquin County
DOUGLASS W. WILHOIT AGENDA
Second District
EVELYN L. COSTA
Filth District
TUESDAY, JUNE 21, 1983
10:00 a.m. ~- Commencement of Meeting

PLEDGE OF ALLEGIANCE
Announce Date of Meeting for the Record
ROLL CALL

Approve Minutes of Board of Supervisors' Meetings for June 7, 8,
9, 14, & 16, 1983.

10:00 a - Appointments to Boards & Commissions:
a. Air Pollution Hearing Board - 1 Vacancy.
b. Housing Appeals Board ~ 1 Vacancy.

10:15 a.m. - Public Hearing to consider calling an election

regarding East Stockton Wastewater Project.

11:00 a.m. - CLOSED SESSION

CONSENT CALENDAR (35 Items)

1. cob - Approve Announcement of 1 Vacancy on the Community
Development Committee.

2. cob - Approve Announcement of 1 Vacancy on the SJC Milk
Commission. .

3. cob - Approve Release of Securities for Estimated County
Taxes’ for Gilbert Estates, Tract #1794, Inside the City
of Escalon, as taxes have been paid.

4.. cc - Settlement Claim of the Department of Public Assis~
tance. . .

5. cc ~ Authorize Execution of Substitution of Trustee &
Partial Reconveyance in Connection with Sale of Lincoln
Village Sewer Plant Site.

6. cao - Purchase of Word Processor for District ‘Attorney.

7. cao - Year-End Budget Adjustments & Appropriations.

8. proj/insp - Durham Ferry State Recreation Area - Change
' Order #6. :

9. per ~— Award Group Term Life Insurance Contract.

10. per — Adopt Ordinance Amending Chapter 1 of Division 5 of
Title 2 of the Ordinance Code of SJC by Amending Section
2-5003(h) Relating to Merit System Coverage - Exempt
Position for Assistant Purchasing Agent. (Introduced &
waived 6/14/83).

sycoonsesAgenda -2- June 21, 1983
Consent, contd

11.
12.

13.
14.

15.

16.
17.

18.

19.

20.

21.
22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

recorder - Transfer of Funds (Not Unappropriated).

regis - Resolution Authorizing Execution of Agreement with
the City of Manteca for the Manteca Special Councilmatic
Election to be held on August 16, 1983.

ag - Agricultural Commissioner - Salary Agreement.
ag - Egg Quality Control Agreement.

ag - Agreement between California Crop Improvement Associa--
tion & County of San Joaquin.

p&r - Renewal of Employment Contract - George Richards.

plng/bldg - Transfer of Funds for Dictating Equipment in
the Planning Division Budget, Fixed Asset Request.

caa - Update of County's Advisory Boards & Commissions .

dpa - Request to Modify a Department of Public Assistance |
Part-Time Employee Contract.

hes - Personnel Transaction - Unclassified Position Change —
(House Staff Division).

mhs - Vocational Rehabilitation Agreement.
da - Victim/Witness Assistance Program.

prob - Probation Day Care Center Administrative Services
Agreement.

prob - Request for Approval of Institutional Placement of
County Ward. (J-50,003)

prob ~ Appropriation - Probation - Reqnest Transfer of Funds
from Co-Op Budget to Alternate Care Homes.

prob - Modification - California Youth Authority Contract
for Diagnostic Services.

pw - Contract Change Order #1 for North 99 (E) Frontage Road
Resurfacing & Bridge #1781 Widening, Federal~Aid Urban Pro-
ject #M-F 184 (1).

pw - Resolution Authorizing the Chairman to sign the Right-
Of-Way Certification for Hammer Lane Resurfacing Project
Within Road District #3.

pw - Approval of Instrument of Credit for Taxes for Tract
#1306, Linden Woods, in the County of San Joaquin.

pw - Approval of Subdivision Agreement and Final Map of
Tract #1306, — Linden Woods.

pw - Adopt Ordinance Providing for a Speed Limit of 50 MPH
on a Portion of Lower Sacramento Road (Introduced 4 waived
on 6/14/83).

pw - Resolution Providing for an Additional Light in
Colonial Heights Maintenance District.

pw - Resolution Authorizing the Chairman to Sign the Right-_

Of-Way Certification for "B" Street Widening Project Within
Road Districts 1 & 3.

ssco00se6Agenda © 83H June 21, 1983
Consent, contd

34.

35.

36.

37.

38.

39.

40.

4l.

44,

pw - Approve Plans & Specifications for the Buclid Avenue &
Moon Avenue Reconstruction & Set Bid Opening Date for July

12, 1983 at 0 p.m.

Rescind Resolution #R-83-817, dated May 31, 1983, which set
Public Hearing on the Appeal of JERRY WACKERLY on the Denial
of Tentative Parcel Map #PM-83-113 & Variance Application
$V-83-65 of JERRY & JUDITH WACKERLY, to vary the required
40 acre minimum parcel size & to subdivide 13.3 acres into
2 parts, lecated on the south side of Woodward Avenue, 582'
east of Airport Way, southwest of Manteca, & Reset same to

July 7, 1983 at 2230 p.m.

PUBLIC WORKS

pw - 1982/83 Transportation Development Act/State Transit
Assistance Claim Revision. CAO Recommends Approval.

pw — Proposed Formation of zone "B" Within County Service
Area #4 -— Storm Water Drainage Control Services. CAO
Recommends Approval.

pw ~ Authorization for George 5. Nolte & Associates to
Proceed with Step 2 Design for the East Stockton Sewer
Project. CAQ Recommends Approval.

cc ~ Consideration of Intention to Establish Los Ranchos
County Service Area #35 (Under Submission from 6/14/83 -
Hearing Closed). CAO Recommends Approval.

PUBLIC WORKS COMMUNICATIONS

HEALTH & HUMAN SERVICES
hes ~ 1982/83 Medically Indigent Services Program: State
Requirement. CAO Recommends Approval.
hes - Application for Funding Medically Indigent Service
Program County Health Services Fund 1983/1984. cao
Recommends Approval.

doa - 1983/1984 STA Claim for DOA Senior Transportation
Program. CAO Recommends Approval.

cao - Reorganization of Human Services.

HEALTH & HUMAN SERVICES COMMUNICATIONS

LAW & JUSTICE COMMUNICATIONS

GENERAL GOVERNMENT

sjc/axts ~ Approval of the Recommendations by the San
Joaquin County Arts Council to Grant Awards to Seven
Arts Organizations in San Joaquin County. CAO Recommends
Approval .

840000387I
Ne te

Agenda -4- June 21, 1983
General Govt, contd

45, p&r - Introduce & Waive Reading of the Park Ordinance Amend-
ments. CAO Recommends’ Approval.

GENERAL GOVERNMENT COMMUNICATIONS

SCHEDULED AFTERNOON ITEMS

1:30 p.m. — Public Hearing on the Appeal of GREGORY GLASER on
the conditional approval of Use Permit Application
#U-83-64 of JOHN MUMPHREY & JENNET MOSES (c/o Patsy
Workman), to establish a group care facility for six
to twelve teenagers, located on the northwest corner
of Waudman’ Avenue & Connie Avenue, north of Stockton.

3:00-p.m, - RECESS

ADJOURN TO TUESDAY, JUNE 28, 1983 AT 10:00 A.M.

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