| | | | | | | | Spotsylvania County
Board of Supervisors Agenda
Executive Summary |
| | | | | | | | Meeting Date:
| August 14, 2018 |
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| | | | | | | | Title:
| Contract Renewal - Legal Services for Department of Social Services |
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| | | | | | | | Agenda Title:
| Contract Renewal - Legal Services for Department of Social Services |
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| | | | | | | | Recommendation:
| Approval of balance of first renewal period with Vanderpool, Frostick, & Nishanian, P.C. for legal services in support of Department of Social Services (DSS) operations, and for the full term of the second renewal period. The contract provides for legal counsel and representation in matters of child and adult welfare services as well public assistance matters when needed. The contract renewal has been approved as to form by the County Attorney’s Office. |
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| | | | | | | | Non-Staff Name and Title of Presenters:
| This item provides the approval of the balance of the first renewal period with Vanderpool, Frostick, & Nishanian, P.C. for legal services in support of Department of Social Services operations, and for the full term of the second renewal period. The contract provides for legal counsel and representation in matters of child and adult welfare services as well public assistance matters when needed. Sufficient funding is included in the FY 2019 Approved Budget. |
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| | | | | | | | Summary:
| DSS maintains a contract for professional services for legal counsel and representation primarily in matters of child and adult welfare services. Counsel and representation may also be provided through the contract for matters pertaining to public assistance cases (Medicaid, SNAP, TANF, etc.) The contract is with Vanderpool, Frostick, & Nishanian, P.C. It is a one-year contract with the option, at County discretion, for three renewal periods of up to one-year each. The initial contract period was October 1, 2016 through September 30, 2017. The contract was not formally renewed at the end of its initial contract period. Services were continued under the terms of the initial contract period. The attached letters of renewal include the balance of the first renewal period, July 1, 2018 through September 30, 2018, and the full term of the second renewal period, October 1, 2018 though September 30, 2019.
The scope of services provided through the contract includes petitions involving protective orders, transfer or assignment of custody, guardianship, abuse and/or neglect, emergency or preliminary removal, foster care plans, Child in Need of Services (“CHINS”), and/or petitions seeking the termination of residual parental rights; representation in cases appealed to higher courts; judicial review of plans for foster children in agency care; matters of adult protective services; legal advice and court representation when necessary regarding access to agency records, including child protective services, adult protective services and foster care files; determining and evaluating legal options available and provide representation regarding legal issues arising in various complex situations, such as multi-jurisdictional cases, conflict of laws issues, and interpretation of applicable law; and training sessions for the purpose of training agency workers with respect to court protocol, the application of legal principles, statutes, and case law regarding juvenile and domestic relations and child and adult welfare and protective laws and procedures.
Funding for legal services is included in the agency's FY 2019 Approved Budget. |
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| | | | | | | | Financial Impact:
| The FY 2019 Approved Budget includes $120,000 for legal services. The amount is anticipated to meet the resource requirements in FY 2019. No additional funds are requested. |
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| | | | | | | | Staff Contacts:
| Gail Crooks, Director, Department of Social Services |
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| | | | | | | | Legal Counsel:
| Susan E. Cooke, Deputy County Attorney |
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| | | | | | | | Consequence of Denial/Inaction:
| The Department of Social Services will not have an executed contract for the provision of legal services in support of child and adult welfare legal proceedings and concerns. This would put the agency at risk of not having access to necessary subject matter expertise in judicial proceedings and at critical case decision points, hindering the agency's ability to ensure the safety and welfare of at-risk individuals and families. The agency would possibly have to engage legal counsel on an hourly basis at prevailing rates and incur significantly higher costs for potentially lower quality representation or counsel. |
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| | | | | | | | Talking Points:
| This item provides the approval of the balance of the first renewal period with Vanderpool, Frostick, & Nishanian, P.C. for legal services in support of Department of Social Services operations, and for the full term of the second renewal period. The contract provides for legal counsel and representation in matters of child and adult welfare services as well public assistance matters when needed. Sufficient funding is included in the FY 2019 Approved Budget. |
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