COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Office of the County Counsel

DATE:

June 12, 2006

BOARD MEETING DATE:

June 27, 2006

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Thomas F. Casey III, County Counsel

SUBJECT:

Resolution Authorizing the Execution of a Third Amendment to the Agreement with Tammy Dawson, Esq., for the Provision of Legal Services to Children in Foster Care

RECOMMENDATION:

Adopt a Resolution authorizing the execution of a Third Amendment to the Agreement between Tammy Dawson, Esq., and the County of San Mateo, for the provision of legal services to children in foster care who are eligible for legal residence under the provisions of the Special Immigrant Juvenile Status Act.

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all

Goal (6) Children grow up healthy in safe and supportive homes and neighborhoods.

The Agreement contributes to this commitment and goal by providing specialized legal services to children in the Foster Care system affording them eligibility to a wide range of public services they are otherwise denied.

Performance Measure(s):

Measure

FY 2004-05
Actual

FY 2005-06

Projected

Number of Applications for Adjustment of Status Filed

9

4

Number of Children in Foster Care Who Were Eligible for Legal Residence Who Obtained an Adjustment of Status*

18

7

*An adjustment of status typically occurs months or years after the initial application was filed. Thus, although 9 applications for adjustment of status were filed in FY2004-2005, the 18 green cards received in FY2004-2005 reflect the successful outcome of applications filed in prior years.

BACKGROUND:

Since 1990, the federal government has permitted legal residence petitions to be filed on behalf of foster care children who are not likely to return to their parents’ custody. Prior to this, states and counties were not reimbursed for the cost of care for these children and children who emancipated from foster care in undocumented status could not benefit from the emancipation services offered to other children in foster care due to their immigration status. Upon an adjustment of status, counties and states can be reimbursed for services provided to undocumented children and these children can become more productive members of society and while working towards citizenship.

In 2001, the County entered into an Agreement with Tammy Dawson, Esq. to assist foster care children, under the supervision of the San Mateo County’s Juvenile Court, to achieve legal residence through the process of obtaining Special Immigrant Juvenile Status. That Agreement has been amended two times to add funds and extend the term of the Agreement. The current contract is set to expire on June 30, 2006.

Since Ms. Dawson began working with the Human Services Agency efforts have been successfully initiated on behalf of 27 undocumented youth under the supervision of the Human Services Agency and the Probation Department. The children benefit from their adjustment of status as they become legal U.S. residents. The Agency and County benefit because, upon an adjustment of status, the children become eligible for state and federal funds, therefore limiting the use of County funds. Success in obtaining legal immigration status for these youths has enabled the County to claim from the State and Federal government up to 70% of the cost of out of home placements. Since group care for these youth can cost as much as $6,000 per month, this represents a significant savings to the County’s General Fund.

DISCUSSION:

This Third Amendment to the Agreement is to add funds in the amount of $25,000 to complete and pay FY 2005-06 outstanding invoices. A new Agreement will be developed by County Counsel’s Office for continuation of services for future fiscal years on a flat rate, as opposed to hourly fee, basis and will be submitted to the Board under separate cover. The Agreement, as amended, includes all provisions that are required by county ordinance and administrative memoranda.

FISCAL IMPACT:

The term of the Agreement will remain July 1, 2001 - June 30, 2006. The total Agreement obligation will increase by $25,000 to $149,000. Of the additional $25,000, $7,500 is funded through State and Federal Revenues and $17,500 is Net County Cost. Appropriation has been included in the Children and Family Services FY 2005-06 Adopted Budget.