Department: Probate Courts
Department Head/Elected Official:
Regular or Supplemental RCA: Regular RCA
Type of Request: Position
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A
MWDBE Contracted Goal (if applicable): N/A
MWDBE Current Participation (if applicable): N/A
Justification for 0% MWDBE Participation Goal: N/A - Goal not applicable to request
Request Summary (Agenda Caption):
title
Request by Probate Court No. 4 for approval of two positions effective July 27, 2024.
...end
Background and Discussion:
Harris County Commissioners Court arranged for an independent study from National Center for State Courts. After an intense review of the processes, caseload and management of the 3rd largest county in the USA, it was determined that there is a demand for eight (8) Probate Courts in Harris County. The 5th probate court was created in October after approval from the state. In order to process the demands of new cases and ongoing guardianship cases, the need for additional personnel is required to serve the public in an efficient and timely manner.
Per the Texas Estates Code, Section 1201.002(a), the probate courts are required by the statute to examine the wellbeing of every ward in their jurisdiction annually.
In the 88th Legislative Session the statutory probate court’s process of annual review and determination of the guardianship is substantially modified to add to TEC Sec 1201.053 a new subsection “(a-1)” which requires a report at least every three years from the court investigator, court visitor, court investigator or guardian ad litem (sec 1202.054). Additionally, pursuant to Subsection (a-2) of 1201.053, before preparing an additional report required under Subsection (a-1) of 1201.053, the court investigator or court visitor as appropriate shall meet with the ward in person. …see code section attached.
Currently, as well as prior, to the new added subsection, that is an impossible task. Probate Court 4 has over two thousand wards. Even with only having to see wards every three years pursuant to the new statute, our Court has retained the assistance of two contractors to assist in our attempt to fulfill this statutory requirement through Openworks, LLC. although they are not working a full-time forty hours per week schedule since this Court does not have the budget to cover a full time fee. In 2023 our two contractors were able to visit only approximately 54% of wards on an annual basis at a total cost to our Court of $73,935.53. Should those two contractors be able to work full time at their Openworks LLC hourly rate of $50.48 and $44.54 respectfully (a total hourly rate of $95.02) for 80 hours, their combined two week pay period owed to Openworks, LLC would be $7,601.60 which over an entire work year would equal $197,641.60 (26 pay periods). These individuals actually receive from Openworks, LLC an hourly pay rate of $35.00 and $30.88 respectfully.
If Probate Court 4 had these two individuals as employees working full time to manage the task listed above plus additional duties earning a pay rate of $32.88 and 24.68, it would be a total hourly rate of $57.56 which would equate to $119,724.80 (approximately) annually (at a maximum annual rate of $184,118.00 approximately, depending on the current rate of benefits). This would be saving the county an approximate amount of $13,523.60 per year. Assisting the court and the public with work productivity and being completely transparent and fiscally smart.
To summarize, if these two contractors worked forty hours per week through Openworks, LLC, the current rate paid to Openworks would be $197,641.60 while if this court could hire two new employees to work full time to manage the task listed above plus additional duties the total costs to Harris County would be $184,118.00 approximately. Depending on current rate of benefits, the county could potentially save money or break even, giving additional assistance in other dire areas across the court.
Probate Court 4 believes that the potential to hire two employees at a discounted rate would be equally if not more financially responsible to the court, county and most of all, the public.
Expected Impact:
Officially: The positive impact would be to have two full time employees working 40 hours a week rather than the potential of 40 hours.
Financially:
Temporary or contract labor is costly and is not a feasible nor financially responsible form of business. Contract labor should be for short-term projects. This effort to visit wards is mandated by the TEXAS ESTATES CODE as a legal statutory requirement placed upon the court.
Physically: The statute requires in person visits. During these visits, the court uncovers items such as; (1) the guardian has passed away and the court wasn’t alerted, (2) the guardian has developed dementia, which was the case recently, and more importantly, (3) a ward has been left unattended, feeding tubes continuously removed, and malnourished in the care of family members uneducated to care for these severely incapacitated individuals. Families do not willing want to release private family information (required by the TEC) to contractors. They prefer to deal directly with the court. They are not always willing to have contract employees in their home.
Alternative Options: Continue to utilize Openworks. Continued low productivity at a significant rate. Legal liability for failure to meet the TEC statutory requirements
Alignment with Goal(s):
X Justice and Safety
_ Economic Opportunity
_ Housing
_ Public Health
_ Transportation
_ Flooding
_ Environment
X Governance and Customer Service
Prior Court Action (if any): N/A
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Date |
Agenda Item # |
Action Taken |
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Location:
Address (if applicable): 201 CAROLINE, 7TH FLOOR, HOUSTON, TX 77002
Precinct(s): Choose an item.
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Fiscal and Personnel Summary |
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Service Name |
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Current Fiscal Year Cost |
Annual Fiscal Cost |
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Labor |
Non-Labor |
Total |
Recurring Expenses |
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Funding Sources |
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Existing Budget |
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1000 - General Fund |
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$ |
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1000 - General Fund |
$ |
$ |
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Choose an item. |
$ |
$ |
$ |
$ |
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Total Current Budget |
$ |
$ |
$ |
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Additional Budget Request (Requires Fiscal Review Request Form) |
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1000 - General Fund |
25,651.00 |
$ |
25,651.00 |
102,605.00 |
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1000 - General Fund |
20,378.00 |
$ |
20,378.00 |
81,512.00 |
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Choose an item. |
$ |
$ |
$ |
$ |
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Total Additional Budget Request |
$ |
$ |
$ |
$ |
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Total Funding Request |
$ |
$ |
$ |
$189,097.00 |
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Personnel (Fill out section only if requesting new PCNs) |
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Current Position Count for Service |
- |
- |
- |
- |
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Additional Positions Request |
2 |
- |
2 |
2 |
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Total Personnel |
2 |
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2 |
2 |
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Anticipated Court Date: July 15, 2024
Anticipated Implementation Date (if different from Court date): July 27, 2024
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Sherrie Fox, Court Manager, Probate Court 4
Attachments (if applicable): Chart/graphs