Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
The Devereux Foundation
Employer identification number
23-1390618
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
No
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
No
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
No
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.................................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2013.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2012.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2013.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
16,652,524
10,965,472
12,757,497
12,166,753
13,575,158
66,117,404
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
359,419,747
364,255,600
363,886,142
359,727,286
371,921,284
1,819,210,059
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
376,072,271
375,221,072
376,643,639
371,894,039
385,496,442
1,885,327,463
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
0
c
Add lines 7a and 7b..
0
8
Public support (Subtract line 7c from line 6.)
1,885,327,463
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
9
Amounts from line 6...
376,072,271
375,221,072
376,643,639
371,894,039
385,496,442
1,885,327,463
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
998,290
4,462,254
2,747,858
3,747,350
715,390
12,671,142
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
998,290
4,462,254
2,747,858
3,747,350
715,390
12,671,142
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
1,170,189
1,775,122
1,627,439
2,207,596
2,077,808
8,858,154
13
Total support. (Add lines 9, 10c, 11, and 12.)..
378,240,750
381,458,448
381,018,936
377,848,985
388,289,640
1,906,856,759
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
98.871 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
98.332 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
0.664 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
0.692 %
19a
33 1/3% support tests—2013.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2012.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2013
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
The Devereux Foundation
Employer identification number
23-1390618
Return Reference
Explanation
Chekclist of Required Schedules - Related Organizations
The Devereux Foundation (Devereux) is a related organization to Devereux Community Based Care, Inc., a 501(c)(3) organization that provides the delivery of child protection service emergency shelter, in-home protective services, relative care placements, foster care, foster care supervision, intensive residential treatment, independent living, family reunification, and adoption and appropriate related services in Indian River, Martin, Okeechobee and St. Lucie counties in the State of Florida. The bylaws of Devereux Community Based Care, Inc. states the number of Directors shall be no less than five (5) and no more than fifteen (15). A simple majority (one half of the total number of Directors rounded up to the nearest whole number) shall be appointed by Devereux and the remainder of the Directors shall be elected from individuals nominated from the general public residing in the Florida Counties of Indian River, Martin, Okeechobee and St. Lucie. Although Devereux appoints a simple majority of the number of Directors on the board, Devereux does not control Devereux Community Based Care, Inc. since certain major actions require two-thirds consent of the Directors. Accordingly, Devereux is only a related entity, not a controlling entity. Devereux entered into an Administrative Services Agreement with Devereux Community Based Care, Inc., under which Devereux provides certain financial, information technology, human resources, benefit administration, legal, insurance and other services for Devereux Community Based Care, Inc. For these services, Devereux received $369,533 from Devereux Community Based Care, Inc. for the year ended June 30, 2014.
Activities & Governance
The number of employees listed is the total number of employees who worked at Devereux during the year, including those who left employment during calendar year 2013, as reported on Form W-3.
Governing Body and Management
Article I, Section 1 of the Bylaws of Devereux provides that Devereux shall be governed by a Board of Trustees of fifteen (15) to twenty-two (22) members of the Board. A minimum of five (5) members of the Board shall be parents, relatives, or guardians of clients or former clients of Devereux. Schedule L provides further information on these care arrangements. The Executive Committee of the Board, which consists of six (6) members of the governing body, has the authority to act on behalf of the full Board of Trustees.
Policies
Form 990 is provided in hard-copy or electronically to all Board members approximately two months before the filing deadline. Board members are requested to provide comments or questions to the CFO by a specific date, approximately three weeks from receiving the draft. The comments are reviewed by the CFO, who directs the response to all Board questions, and where appropriate, directs changes to be made to the Form 990. The Board is advised of the changes and given an opportunity for final review. Additionally, the CFO reviews any important issues regarding the Form 990 at a designated Board meeting, with followup as necessary after the meeting, and solicits additional Board comments and questions. After this review process, the CFO signs the Form 990 and submits it to the IRS.
Policies - Conflict of Interest
Representatives of Devereux dealing with clients, parents, guardians, vendors, competitors or anyone who does or seeks to do business with Devereux are required to act in Devereux's best interests, disregarding any personal preference or advantage. Representatives shall make prompt and full disclosure to his/her manager and to the Internal Audit Department (and, in the case of Trustees and senior managers, to the Board's Audit and Compliance Committee) via the Devereux Conflict of Interest form of any prospective or actual situation that involves, may involve, or might appear to involve a conflict of interest. Members of the same family or living within the same domicile may be employed by Devereux in the same center or department unless the center Director or department head determines such employment is not in Devereux's best interest. Relatives of senior management or trustees, as well as those working in Human Resources, Payroll, and Internal Audit, shall not be hired by Devereux in any capacity unless approved in advance by the President/CEO. Each Devereux employee has the responsibility to report any actual or perceived conflicts of interest to management, Human Resources, the Vice President of Audit & Compliance or the Employee Helpline. The Helpline is an anonymous "whistleblower" service, where complaints are processed by an independent third party retained by Devereux for this purpose and subsequently referred to the Vice President of Compliance. Annually, a copy of Devereux's business ethics policy is mailed or e-mailed to trustees, officers, directors and key personnel along with the annual Conflict of Interest Disclosure Statement, which must be signed and returned to the Director of Internal Audit within 30 days. The annual disclosure requires an acknowledgement of understanding Devereux's business ethics policy, as well as disclosure of any conflict, or appearance of a conflict, between personal interests and the interests of Devereux. Failure to comply or falsification of disclosure may result in disciplinary action, including possible dismissal. Newly-hired employees in the categories identified above are given this policy on the first day of their employment and are required to complete the annual Conflict of Interest Disclosure Statement immediately. All employees disclosing a conflict or potential conflict must have the Disclosure Statement reviewed and signed by the Executive Director at their location (President/CEO for Corporate staff) prior to sending it to Audit Services. All Annual Conflict of Interest Disclosure Statements identifying a conflict or potential conflict are reviewed by the Vice President of Audit & Compliance and any other officers or senior management determined to be appropriate, and submitted to the Audit & Compliance Committee of the Board of Trustees for review. No Disclosure Statement may be reviewed by the person submitting it or by a person directly supervised by the person submitting the report.
Policies - Determining Compensation
Devereux reviews officers' and Executive Directors' salaries against the market on an annual basis in connection with the July meeting of the Executive Committee of the Devereux Board of Trustees, which serves as the Board's Compensation Committee. However, reviews may occur at other times to respond to changes in the market. During this benchmarking process, the Vice President of Human Resources conducts a review of salaries for benchmark positions for which there is sufficient market survey data. Additionally, Form 990s of other comparable organizations are also reviewed. The results of these reviews are compared against all Executive Directors' and officers' salaries. The review is intended to make Devereux compensation both reasonable and competitive. The Vice President of Human Resources will make recommendations for adjustments, if necessary. Devereux's market for this salary review is primarily with the health care industry for organizations of our size (budget, number of employees, revenue) and structure (system vs. single entities). However, general industry data as provided by the U.S. Department of Labor or other sources as well as residential and educational surveys that become available or that Devereux may conduct may also be factored into the review. The results of the review conducted are typically validated by an outside compensation consultant at least every 2 years.
Disclosure
The Devereux Foundation's Form 990 is available to the public through posting on Guidestar (www.guidestar.org). It is also available upon request. The Audited Financial Statements are available on our website or upon request, and summarized financial information is included in our Annual Report, which is distributed to constituents and posted on our website. The Devereux Foundation does not make its governing documents or conflict of interest policy available to the general public outside of this Form 990.
Balance Sheet Tax-Exempt Bond Liabilities
Devereux reported four bonds on Schedule K: Chester County Health and Education Facilities Authority Revenue Bonds, Series of 2006 (for which $23,670,000 was outstanding at June 30, 2014); the Chester County Health and Education Facilities Authority Revenue Bonds, Series 2011 (for which $5,449,000 was outstanding at June 30,2014); the Chester County Health and Education Facility Authority Bonds, Series 2012 (for which $8,245,000 was outstanding at June 30, 2014); and Colorado Health Facilities Authority Revenue Bonds, Series 2012 (for which $6,392,000 was outstanding at June 30, 2014). The Series 2011 and both of the Series 2012 Bonds were acquired by financial institutions.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.