37-2-205 - Commitment of dependent and neglected, delinquent or unruly children Contracts for per diem allowance Records Minimum qualifications and standards. [Amendment effective until June 30, 2
37-2-205. Commitment of dependent and neglected, delinquent or unruly children Contracts for per diem allowance Records Minimum qualifications and standards. [Amendment effective until June 30, 2011. See the Compilers Notes.]
(a) In addition to the dispositional alternatives provided by §§ 37-1-130 37-1-132, concerning dependent and neglected, delinquent or unruly children, the juvenile court judge of any county within the provisions of this part is hereby authorized and empowered to commit a child to the custody of such county department of children's services. Upon such commitment by the juvenile court judge, guardianship of the person of such child shall immediately transfer to the director of the county department.
(b) When any child is committed to a county department, the state, from available budgetary funds of any state department through which federal or other funds may be provided by law for the purchase of child care, may contract with the county department to pay a per diem allowance for each child so committed for the period of time each such child is in custody of the county department. The per diem allowance shall be determined by negotiation and contract between the county and state department through which such funds are available.
(c) The director of the county department shall keep or cause to be kept all records and reports required to be kept by a comparable state agency. Such records shall include the quarterly review of each child's treatment, rehabilitation and progress, and the procedures for such review prescribed by the director. Failure of the director to keep or maintain any such records and reports required to be kept by law shall relieve the state from its obligation to pay the county department the per diem allowance for any child upon whom inadequate records have been kept.
(d) The county department shall ensure that services provided to children in its care and facilities provided for that purpose shall meet all minimum qualifications and standards established by contract with the contracting department, but in no event shall such qualifications or standards be less stringent than those mandated by applicable state or federal law or regulation for the children in the care of the department. Failure to meet such qualifications and standards shall entitle the contracting department to withhold funds payable to the county pursuant to the contract. In all cases, the contracting state department shall have the authority to conduct such monitoring and inspection as may be necessary to enforce this provision.
(e) The department of children's services is authorized to enter into an agreement to pay a per diem allowance to a county for each delinquent child placed in a local facility for delinquent children operated under the direction of the court or other local public authority. As a condition of such payment, the agreement may require that the county pay to the department of children's services a per diem allowance in the same amount for each child committed from the county to the department of children's services. The per diem allowance shall be as agreed upon, but not less than seventy-five percent (75%) of the current actual cost of maintaining a child in a state correctional institution. [Effective until June 30, 2011.]
(f) (1) (A) Notwithstanding any state law to the contrary, the department of children's services shall allocate resources for children placed in state custody based on a county's child population and the average state commitment rate per thousand children. In fiscal years 2009-2010 and 2010-2011 the department shall pay for a county's commitments of dependent and neglected children and delinquent children until such commitments exceed three hundred percent (300%) of the state average commitment rate.
(B) When a county exceeds the limit on either dependent and neglected children or delinquent children established in subdivision (f)(1)(A), the county shall be billed for the actual daily cost to the state for the duration of the length of stay of such child in state custody.
(C) The department shall develop statewide averages for:
(i) Dependent and neglected children; and
(ii) Delinquent children.
(D) The average state commitment rate shall be based on the higher of:
(i) 2007-2008 fiscal year statewide average commitments per thousand children; or
(ii) 2008-2009 fiscal year statewide average commitments per thousand children.
(2) The department shall initiate a collaborative planning process at any time a county is believed to be likely to exceed two hundred percent (200%) of the state average commitment rate. Upon request of the county or the court, the department shall partner with the county or the court to develop and implement strategies to identify and address underlying problems contributing to over-commitment that may exist in the county. The department shall provide commitment data to the county or the court as needed to prevent a county from exceeding the limits established in subdivision (f)(1)(A).
(3) On or before January 15 of each year, the department shall provide a report to the general assembly listing the counties that have exceeded the state average commitment limits. The report shall also detail actions taken by the department to comply with subdivision (f)(2).
(4) The select committee on children and youth is directed to study commitment patterns of children entering state custody. Findings shall be provided to the commissioner of children's services and to the members of the select committee on children and youth on or before January 15, 2010.
(5) (A) The commissioner of children's services is authorized to promulgate rules and regulations to effectuate this subsection (f).
(B) This subsection (f) shall expire June 30, 2011, unless reauthorized by the general assembly.
[Acts 1979, ch. 143, § 5; 1983, ch. 239, § 1; T.C.A., § 37-405; Acts 1989, ch. 278, § 46; 1996, ch. 1079, § 110; 2009, ch. 531, § 30.]