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County Administrator's Report 11. 4.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning Establishing County-Funded Probate Case Manager Position and Unified Family Court Case Manager Position - Will Moore, Trial Court Administration Admin Services Manager
That the Board authorize the creation of Court Innovation, Article V, Local Option funded positions for a Probate Case Manager and Unified Family Court Case Manager for Court Administration, per the provided job descriptions.
[Funding: Fund 115, Court Innovation Article V, Local Option, Cost Center (CC) 410501, Object Code (OC) 51201] |
| BACKGROUND: |
Probate Case Manager Position: A Probate Division is unique in that there are many time and procedural issues that are critical to the process of ensuring cases are dealt with in a timely, responsible manner so the cases may be addressed and closed as expeditiously as possible. As the courts have been charged with case management responsibilities, monitoring the progress of each case is also an integral part of ensuring compliance requirements are met as well as improving the pace at which cases move through the court system. A Probate Division is characterized by the following essential components:
1. Court Case Management to collect information, ensure timely filing of required documents, monitor the case progress and evaluate each case at the outset to determine the appropriate way to handle the case.
2. Compliance with financial reporting, site visits and other requirements mandated by Florida law for the protection of ward and litigants.
3. Compliance with timelines, verifications and notices to prevent cases from becoming stagnant and improve case flow through the court system.
4. Collection of information and statistics required to identify potential issues or future needs, as well as monitor any progress or improvements made as a result of implementation if a Probate Division.
A Probate Division increases efficiency by ensuring timely and adequate hearings, ensuring compliance with financial reporting and ward monitoring, ensuring collection of appropriate and required information, promoting more informed judicial decision making and improving case flow through the court system. A Probate Division provides continuity and protection for litigants and staff while enhancing the ability for cases to move more quickly through the court system. Since we have a judge that has been tasked with oversight of the Probate Division for Escambia County, we feel compelled to secure funding for a case manager to perform the essential functions.
Unified Family Court Case Manager Position: A Unified Family Court (hereinafter UFC) is a fully integrated, comprehensive approach to handling all cases involving children and families, while at the same time resolving family disputes in a fair, timely, efficient, and cost-effective manner. A full time case manager is needed to implement the basic principles of a UFC system.
Between 1991 and 2001, three (3) Supreme Court opinions were issued emphasizing the need for a family court system that would provide better protection for children, and improve methods of resolving family problems. This culminated a unanimous opinion citing guiding principles of a family court as a foundation for implementing a UFC, and incorporating practices that best serve children and families in court. This model is characterized by the following essential components:
1. Court Case Management to monitor the case progress and evaluate each case at the outlet to determine the appropriate resources and the way to handle the case.
2. Coordination of multiple cases involving one family.
3. Collaboration between the judiciary, stakeholders, and the community to provide access to an array of services for families.
4. A less adversarial approach to handling family cases that focuses on minimizing harm to the child while balancing due process concerns. Assumes a problem-solving role and incorporates methods (e.g., therapeutic justice) that addresses interrelated legal and non-legal family problems and empower children and families - with the goal of leaving families in better condition than when they entered the system.
A UFC increases efficiency, eliminates duplicate hearings, decreases the potential for conflicting orders, creates more opportunity for alternative dispute resolution, provides prompt linkages to services, and promotes more informed judicial decision making.
Although the concept of a UFC was well received throughout the state, additional funding was not provided to the circuits to hire case managers to this end. A UFC also requires a dedicated judge to devote extra time, and to work with the many agencies and service providers serving children and families. Since we now have a judge in Escambia County willing to champion this model, we feel compelled to secure funding for a case manager to perform the essential functions. |
| BUDGETARY IMPACT: |
Funding for the Probate Case Manager Position and Unified Family Court Case Manager Position will be provided through Court Innovation Article V Local Option Fund according to Florida Statute 939.185 Assessment of additional court costs and surcharges.— " (1)(a)The board of county commissioners may adopt by ordinance an additional court cost, not to exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Such additional assessment shall be accounted for separately by the county in which the offense occurred and be used only in the county imposing this cost, to be allocated as follows:
1. Twenty-five percent of the amount collected shall be allocated to fund innovations, as determined by the chief judge of the circuit, to supplement state funding for the elements of the state courts system identified in s. 29.004 and county funding for local requirements under s. 29.008(2)(a)2.
Escambia County General Fund will have no impact in the funding of the Probate Case Manager Position or Unified Family Court Case Manager Position. The positions will be funded through Fund 115, Court Innovation Article V Local Option, CC 410501, OC 51201 per Florida Statute 939.185 Assessment of additional court costs and surcharges.
This will be a one-time personnel expenditure from reserves for the necessary recurring annual cost beginning January 2016, for an annual base salary of $37,921.08 plus benefits for the Probate Case Manager Position, and a necessary recurring annual cost beginning January 2016, for annual base salary of $37,921.08 plus benefits for the Unified Family Court Case Manager Position. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
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| PERSONNEL: |
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| POLICY/REQUIREMENT FOR BOARD ACTION: |
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| IMPLEMENTATION/COORDINATION: |
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