HomeMy WebLinkAbout20121324.tiff RESOLUTION
RE: APPROVE STANDARD FORM FOR MEMORANDUM OF UNDERSTANDING
REGARDING PROTOCOLS FOR COOPERATION ON CHILD WELFARE NOTIFICATION
AND INVESTIGATION REQUIREMENTS BETWEEN THE WELD COUNTY DEPARTMENT
OF HUMAN SERVICES AND VARIOUS PROVIDERS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board, sitting as the Weld County Board of Human Services, has been
presented with the form of a Memorandum of Understanding Regarding Protocols for Cooperation
on Child Welfare Notification and Investigation Requirements between the Weld County Department
of Human Services and various providers, which provide respite care for County Foster Care
providers, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
Memorandum of Understanding, a copy of which is attached hereto and incorporated herein by
reference, and to delegate standing authority to the Chair of the Board of County Commissioners to
execute individual Memorandums of Understanding between the Department of Human Services
and various providers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, sitting as the Weld County Board of Human Services, that the form of the
Memorandum of Understanding Regarding Protocols for Cooperation on Child Welfare Notification
and Investigation Requirements between the Weld County Department of Human Services and
various providers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any agreements consistent with the form of said agreement.
�S D 2012-1324
is • I a HR0083
FORM OF MEMORANDUM OF UNDERSTANDING
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of May,A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: _
Sean P.Con y air
Weld County Clerk to the Board
/ i ' m . arcia, Tem
BY:
Deputy CI rk to the Bo.7/ / CUSED
is i = gkrbara Kirkmeyer
APP M:
David E.Lon.
o ttorney Czp
Dougla- -ademach
Date of signature: Co-?/-/a
2012-1324
HR0083
MEMORANDUM OF UNDERSTANDING
WHEREAS, the following Memorandum of Understanding (Agreement) outlines the
Agreement between the Weld County Sheriff's Office, (hereinafter referred to as the Agency)
and the Weld County Department of Human Services (hereinafter referred to as Human
Services) regarding protocols for cooperation on child welfare notification and investigation
requirements.
WHEREAS, the protocols described in this Agreement provide for the cooperation and
notification between the organizations of reports of child abuse and neglect and child
maltreatment deaths.
WHEREAS, these protocols provide for the distribution of the Notice of Rights and
Remedies, as required by C.R.S. §19-3-212.
WHEREAS, these protocols provide for joint and independent investigation procedures.
WHEREAS, each organization to this Agreement is independent and capable of
complying with the requirements described in this Agreement. The organizations to this
Agreement also understand that by combining their leadership, skills, talent, and legal authority,
such notifications and investigations may be completed in a much more efficient and effective
manner.
WHEREAS, this Agreement allows the organizations to comply with law as set forth in
Title 19 of the Children's Code, including but not limited to, 19-1-307, 19-3-308, and 19-3-401.
NOW THEREFORE, the undersigned organizations and in good faith are resolved to
execute this Memorandum of Understanding and enter into an Agreement as follows:
1. NOTIFICATIONS
a. The Department of Human Services will notify the Agency:
1. In all cases in which it is the opinion of the Department's caseworkers that
assistance of the local law enforcement agency is necessary for the protection
of the child or other children under the same care, pursuant to 19-3-308(4)(b).
2. If the Department reasonably believes that an incident of abuse or neglect has
occurred, so that the local law enforcement agency may conduct an
investigation to determine if a violation of any criminal child abuse law has
occurred.
3. Immediately when there is indication for a joint investigation.
4. Written or telephone notification shall occur in all other cases.
b. Agency officials shall report all known or suspected incidents of child abuse or
neglect to the Department of Human Services, as required by 19-3-308(5), even if
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there is no probable cause that a crime of child abuse has been committed.
Agency will notify the Department of Human Services:
1. Of all child abuse and neglect reports and the outcome of the initial
investigation within twenty-four hours and written reports shall be provided to
the Department as soon as possible, pursuant to 19-3-308(5);
2. Immediately if a joint investigation is required;
3. If it seems likely that a child may need protective custody.
2. PROTECTIVE CUSTODY
a. Pursuant to C.R.S. Section 19-3-401, law enforcement officers are the only
parties, outside of the courts, who have statutory power to place a protective hold
on a child. The law enforcement officer should consult with the Human Services
caseworker when practical prior to placing a child in protective custody, except
in emergency circumstances. After removal, the officer shall contact Human
Services for placement.
b. Once a law enforcement officer has placed a child in protective custody, Human
Services will place the child in foster care or residential facility, at an
appropriate level of care.
c. In the event that the law enforcement officer decides not to place a hold and the
Human Services' caseworker believes there is a danger to the child's life or
health in the reasonably foreseeable future, the caseworker can seek a court order
for temporary custody pursuant to 19-3-405. If such an order is granted, a law
enforcement officer shall assist in enforcing the court order, when the order
specifically authorizes or requires law enforcement to do so.
d. When the officer takes a child into protective custody, or when the court orders
the Department to take temporary custody of the child pursuant to 19-3-405, the
officer or the caseworker shall deliver the NOTICE OF RIGHTS AND
REMEDIES FOR FAMILIES to the parent or guardian. If both law enforcement
and Human Services are involved, the officer and the caseworker shall
communicate that this notice has been provided.
e. Strong consideration should be given to placing a protective hold on other
children in the environment in cases of child death, serious physical
abuse/neglect, or sexual abuse. The law enforcement officer should discuss the
necessity for a protective hold on other children with the Human Services
caseworker.
f There are certain cases such as domestic violence, drug violations, alcohol
violations, detoxification holds, where child abuse/neglect issues are present.
These child abuse or neglect issues should be identified and reported to the
Department of Human Services for investigation. Even though the incident was
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not reported as child abuse/neglect, consideration should be given to protective
hold(s) in appropriate cases.
g. When law enforcement determines it is necessary to place a child into protective
custody, but there is a relative the child could possibly be placed with, the law
enforcement officer will consult with Human Services first to determine the
appropriateness of that relative for placement.
3. JOINT INVESTIGATION
a. Standards: An effective response to child protection requires a cooperative,
coordinated, interactive approach among many agencies in the community. Cases
for Joint Investigation by the Agency and Human Services include:
I. Any death of a child;
2. Intrafamilial sexual abuse;
3. Physical abuse where there are moderate to severe injuries;
4. Severe neglect;
5. At the request of the Agency, any third party abuse or neglect where the
protection and safety of the child is at risk;
6. At the request of Human Services, situations where there are arrests and/or
safety issues;
7. If the parent refuses access to the child for investigation and/or medical
assessment;
8. Upon request by either agency;
9. Institutional Abuse if it is in a category that would otherwise require a joint
investigation;
10. Court order to investigate a case.
b. Procedures:
1. The agency receiving the report will notify the other agency that a joint
investigation is indicated.
2. Each agency shall check its agency's records for previous contacts with the
family and suspected perpetrator. This includes a check of Trails by Human
Services and NCIC/CCIC/CBI Suspect File by the Agency.
3. The Human Services caseworker and the Agency officer who will be
conducting the investigation must communicate to share information and
coordinate the investigation. This coordination shall include:
a. Where interviews are to be conducted, if not at A Kid's Place (NOTE: A
Kid's Place serves all sexual abuse cases, severe physical abuse cases,
child witnesses of domestic violence, and those cases likely to lead to
prosecution);
b. The order of interviewing victims, parents, siblings, relatives, teachers,
therapists, suspects, and any other witnesses;
c. Who will take the lead in interviewing each person;
d. Who will video and/or audio tape the interview;
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e. What interviewing aids are appropriate (such as anatomical drawings,
etc.);
f. Determining which collateral sources to be contacted;
g. In cases of children with special needs, (i.e., hearing impaired, visually
impaired, developmentally impaired, mentally impaired, non-English
speaking), seek an appropriate person to assist in the interview.
h. A determination will be made as to whether a medical and/or
psychological evaluation needs to be obtained.
4. Law enforcement will gather and preserve evidence. This includes:
a. Accurate and detailed documentation of observations;
b. Taking photographs;
c. All relevant physical evidence such as the instrument that inflicted the
injury, rape kit, blood and hair samples from the suspect, etc.
5. The agency, when investigating a report of a known or suspected incident of
child abuse or neglect shall be given access to child abuse records and reports
pursuant to Sections 19-1-307(2)(a) and 19-3-308(5), C.R.S.
6. If there is any suspected criminal activity, the caseworker shall communicate
and cooperate regarding the investigation as set forth above. However, the
caseworker must ensure that Volume 7 rules and State statutes regarding the
caseworker's contact with the child, the parents, the person responsible for the
abuse or neglect, and any collateral sources, are interviewed within the
designated time frames.
4. CHILD FATALITIES
a. Investigation Guidelines: The death of a child may involve a multi-disciplinary
response of professionals which include the Coroner, medical personnel, the
District Attorney, the Agency and other Law Enforcement officials, the
Department of Human Services along with other child abuse experts. The most
critical aspect of any child death investigation lies with the timely notification of
all appropriate entities and the continued investigative coordination amongst those
agencies. It is critical for each entity to have established guidelines for responding
to, investigating and documenting the various types of child deaths.
b. Circumstances Warranting Interagency Investigation:
1. There is reason to know or suspect that abuse/or neglect caused or contributed
to the child's death.
2. The death is not explained or cause of death is unknown at the time of the
child's death.
3. The history given about the child's death is at variance with the degree or type
of injury and subsequent death.
c. Conditions that would not warrant an interagency investigation:
1. A child who succumbs to a terminal disease.
2. A death resulting from an accident not the result of negligence or abuse.
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5. INTERAGENCY RESPONSIBILITIES
a. The organization receiving the report will notify the other organization
immediately that a joint investigation is warranted.
b. The Agency: The role of the Agency is to establish the appropriate jurisdiction
responsible for conducting the investigation. The Agency determines whether the
events leading to the death of a child constitutes a crime by any act of commission
or omission, and the Agency presents such information to the District Attorney
for prosecution purposes, as applicable. The Agency is responsible for the scene
investigation where the death occurred and the collection of evidence. The
Agency is designated to be present at the post-mortem examination and autopsy,
and to photograph and collect specified evidence obtained at the time of autopsy.
c. Department of Human Services: The Department of Human Services will
research the family structure and evaluate whether any other siblings within the
family structure are at risk of any form of physical danger or death. The
Department of Human Services can provide important background information
relating to the victim's family dynamics and whether the victim child is under the
purview of the Department currently. The Department of Human Services is also
responsible to list child deaths in Trails for Child Protection and to report to the
State Fatality Review Committee.
6. MISCELLANEOUS
a. Term of Agreement: The term of the Agreement shall commence on the date of
execution of this Agreement, and shall be perpetual.
b. Termination of Agreement: This Agreement may be terminated by the
Department or by the Agency upon thirty (30) days written notice. Both
organizations shall cooperate on all investigations pending at the time such notice
is delivered, until such investigations are fully completed.
c. Confidentiality: Both organizations shall comply with all applicable standards,
rules, and regulations regarding confidentiality as may be related to their
responsibilities.
d. Authority:
1. Upon execution this Agreement is a valid and binding obligation between
Human Services and the Agency, and the making and performance of this
Agreement has been duly authorized by all necessary corporate or official
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action, and will not constitute a violation of any law or requirement imposed
by a judicial or arbitral body or governmental entity, nor the charter or by-
laws of statute, ordinance or regulation controlling the Agency, nor a default
under any agreement or instrument by which it is bound or affected.
2. The making or performance of this Agreement does not require the consent or
approval of any governmental entity or, if such consent or approval is
required, such has been obtained.
In Witness Whereof, the parties hereto have executed this Agreement the day and year
provided below.
By: By:
Signature Signature
Judy A. Griego
Department Representative Agency Representative
Director
Title Title
Date Date
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