Independent Reviewer’s Role and Authority Conduct a robust, independent and comprehensive program evaluation, including process and outcome components, to assess the State's compliance with its obligations under the Settlement Agreement (Agreement) and the impact of implementation on the State’s provision of Community-Based Services to Children covered by the Agreement. In collaboration with the Parties, gather, analyze, and report on information and data related to the State’s progress in complying with all sections of the Agreement. Present all information and findings in a manner which clearly states the actionable steps the State could take to align with and uphold expectations of the Agreement. Outline the Independent Reviewer’s role in assisting the State in monitoring and upholding elements of the implementation, Agreement, and timeline. Utilize a problem-solving approach to resolve amicably any disagreements that arise, including but not limited to those between the Parties, so the Parties can focus on the State’s compliance with the Agreement. Ensure an engaged, partnered approach with the Parties, including the Children’s Behavioral Health Services Integration Coordinator, that coordinates the State’s efforts to comply with its obligations under the Agreement and clearly communicates actionable steps the State could take in Agreement related activities. Communicate ex parte with a Party, counsel, agents or staff of the Parties, or anyone else the Independent Reviewer deems necessary for completing their responsibilities. The State reserves the right to require the Independent Reviewer to copy the State’s counsel on any written communications with any responsible State employees or staff. Testify in any case between the Parties regarding any matter relating to the implementation, enforcement, or dissolution of the Agreement, including but not limited to: The Independent Reviewer’s observations, findings, and recommendations in matters relevant to the Agreement. Assessment Methodology Plan Consult with the Parties and submit a written plan on methodologies (Assessment Methodology Plan) that the Independent Reviewer will use to assess compliance with and implementation of the Agreement, and that: Identifies data elements that the Independent Reviewer will request from the State and their intended methodology for analysis. Meets the requirements for data collection, analysis, and reporting as required by the Agreement. Is provided to the Parties within forty-five (45) calendar days of receiving the State’s initial draft Implementation Plan and is updated biennially if needed to adjust to the State’s Implementation Plan changes and as needed and/or requested by the Parties. Provide any ad-hoc analysis plans to the Department for implementation, as capacity for ad-hoc reports allows. Ensure the assessment methodology plan includes multi-dimensional information collection and analysis through a variety of methods, as indicated in the Agreement, including: On-site inspection of Children’s residences and programs. Detailed review of relevant documents, records and data (including Individualized Service Plans (ISPs)) collected by the State and behavioral health service providers. Performance Indicators to evaluate the effectiveness of strategies in the State’s Implementation Plan. Additional assessment methods may include: Interviews with Families, Children, school administrators, providers, Natural Supports, Care Coordinators, Stakeholders and relevant State staff; Individual case reviews, including the quality and sufficiency of ISPs, by regularly reviewing sufficient samples of Children, including through first-person interviews; Surveys and/or focus groups, as appropriate; and Other methodologies as agreed to by the Parties. Work with the State for data pulling to ensure proper data, information, and record access consistent with the Settlement Agreement when information is requested from the State. Ensure the Department and/or State counsel is afforded the opportunity to be present when the Independent Reviewer interviews State employees or staff.
