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HomeMy WebLinkAbout20111890.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING WITH VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN 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 has been presented with a Memorandum of Understanding among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the various agencies listed below, commencing July 1, 2011, and ending June 30, 2012, with further terms and conditions being as stated in said Memorandum of Understanding, and 1) 19th Judicial District (including Probation Department) 2) Weld County Sheriff's Office 3) Weld County District Attorney's Office 4) City of Greeley Police Department 5) City of Evans Police Department 6) Colorado State Public Defender, Weld County 7) North Range Behavioral Health 8) Reyes Corporation, aka Creative Counseling Services of Colorado, LLC 9) B.I. Incorporated 10) Intervention 11) Youth and Family Connections WHEREAS, after review, the Board deems it advisable to approve said Memorandum of Understanding, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Understanding among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the various agencies listed above, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Memorandum of Understanding. Cop-4. 4e4J t41 §uSaw PPS' SQ "/"// /t/-// 2011-1890 HR0082 MEMORANDUM OF UNDERSTANDING WITH VARIOUS AGENCIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of July, A.D., 2011, nunc pro tunc July 1, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST EXCUSED ��..� Barbara Kirkmeyer, Chair Weld County Clerk to the Boat r � _ La P.• f?an P ' o way, Pro-Tern c �— BY: Deputy Ct•rk to the Bo- �« ? Gilliam F. Garcia— � ' j• ; T• ORM: % EXCUSED David E.I Long ou ' Attorney Gc ) ►�,p3�k�y�p e�y/ ca Dougl adema her Date of signature: 2011-1890 HR0082 MEMORANDUM 1861 - 2011 1 DATE: July 25, 2011 WELD-COUNTY TO: Barbara Kirkmeyer, Chair, Board of County Commissioners FR: Judy A. Griego, Director, Human rvice U Chi RE: Memorandum of Understanding between the Weld County Department of Human Services and Participating Agencies Enclosed for Board approval is a Memorandum of Understanding between the Department and Participating Agencies. This Memorandum of Understanding was reviewed under the Board's Pass-Around Memorandum dated July 22, 2011, and approved for placement on the Board's Agenda. This Memorandum of Understanding is on behalf of the Nineteenth Judicial District regarding its Problem-Solving Courts. The Participating Agencies under the MOU agree that sharing confidential information concerning Program Participants in the Nineteenth Judicial District's Problem-Solving Courts (including Drug Court and DUI Court) is important to the purpose of the said Problem-Solving Courts, but that such sharing of information must be done in such a manner as to protect the confidentiality rights of all persons concerned. The Participating Agencies include: 19th Judicial District; 19`h Judicial District Probation Department; Weld County Sheriffs Office; Weld County Drug Task Force; Weld County Department of Human Services; Weld County District Attorney's Office; Colorado State Public Defender; Weld County North Range Behavioral Health; Reyes Corporation, aka, Creative Counseling Services of Colorado, LLC; B.I. Incorporated Intervention; and Youth and Family Connections). The Weld County Drug Task Force consists of: Weld County Sheriffs Office, City of Greeley Police Department and the City of Evans Police Department. The term of this MOU is July 1, 2011 through June 30, 2012. If you have any questions, please give me a call at extension 6510. 2011-1890 MEMORANDUM OF UNDERSTANDING Between and Among: 19''" Judicial District 19"' Judicial District Probation Department Weld County Sheriff's Office Weld County Drug Task Force, Consisting of: Weld County Sheriffs Office, City of Greeley Police Department and the City of Evans Police Department, Weld County Department of Human Services Weld County District Attorney's Office Colorado State Public Defender. Weld County North Range Behavioral Health Reyes Corporation. aka, Creative Counseling Services of Colorado, LLC B.I. Incorporated Intervention Youth and Family Connections Vk/HEREAS, the agencies listed above (hereinafter "Participating Agencies") agree that sharing confidential information concerning participants (hereinafter "Program Participants") in the Nineteenth Judicial District's Problem Solving Courts, is important to the purpose of the said Problem-Solving Courts. but that such sharing of information must be done in such a manner as to protect the confidentiality rights of all persons concerned: NOW THEREFORE, the Participating Agencies agree as follows: 1. Confidential information regarding Program Participants who have signed the written Release of Information form provided by the 19'" Judicial District (attached hereto as Exhibit A) may be exchanged only on a need-to-know basis between and among authorized persons in the Participating Agencies in accordance with the restrictions set forth in this MOU and in the said Release. Such confidential information includes. but is not limited to, the following: information which identifies participants: records containing information about disabilities, diagnoses, evaluations or treatment: drug or alcohol treatment information including diagnosis. urinalysis results. information regarding attendance or lack of attendance at treatment sessions, cooperation with the treatment program and prognosis, sex offender evaluation and treatment information; work, school and social reviews and histories: education records: services or benefits plans: eligibility information, financial information, placement history;: medical. psychological or psychiatric history, information pertaining to drug, alcohol, or HIV related care: or legal history. 2 Such information-sharing shall be limited to the following purposes: managing or providing services; coordinating service planning and delivery: developing appropriate treatment recommendations: and implicating incentives and sanctions as they relate to individuals progress in the program; 3. Representatives of the Participating Agencies may meet and share information regarding Program Participants at scheduled planning and review meetings, in telephone conversations and additional forms of correspondence ensuring that if sensitive/protected information is communicated via email that it be sent in a secure, password protected format. 4. The Participating Agencies acknowledge that applicable Colorado state laws govern liability for acts or omissions committed by governmental employees while participating in activities under this MOU. Liability for acts or omissions of personnel from any of the Participating non- governmental Agencies will be the sole responsibility of the respective employee and the employee's agency. Notwithstanding any other provision contained herein, no party to this MOU waives any immunities to which the party may be entitled, pursuant to law 5. The term of this MOU is from July 1. 2011, or such later date as full execution of this MOU may occur, through June 30, 2012. Any Participating Agency may sooner terminate its participation in this MOU by providing at least 30 days prior written notice to the 19`h Judicial District outlining the agency's intent to terminate. 6 This MOU may be modified at any time by mutual consent of all participating agencies. Modifications to this MOU shall have no force or effect until such modifications are in writing and signed by authorized representatives of each agency. 7. The designated representative from each Participating Agency shall inform each member of its organization who will be involved in a Problem Solving Court Program, of the obligations and restrictions placed upon them as to the exchange of confidential information concerning any and all Program Participants, with the goal of maintaining confidentiality of all Problem Solving Court participants. 8 This MOU may be executed by one or more Parties in several counterparts and all such counterparts so executed shall together be deemed to constitute one final agreement as if signed by all Parties and each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, the Parties have executed this MOU through their authorized representatives on the dates written below. O1/1444 Chief Judge James Hartmann Date Ka n Salaz. District , ministr'ator Date I 19' udicial ,istnct 19" Judicial District V / , . b2,44., 7 , I2-% i ( Kevin Nelan. Chief Probation Officer Date John Cooke, Weld County Sheriff Date 19" Judicial District Probation Department Weld County Sheriff's Office Rick Brandt, Chief of Police Date Jerry Garner. Chief of Police Date City of Evans Colorado City of Greeley, Colorado 2 3. Representatives of the Participating Agencies may meet and share information regarding Program Participants at scheduled planning and review meetings, in telephone conversations and additional forms of correspondence ensuring that if sensitivefprotecled information is communicated via email that it be sent in a secure,password protected format. 4. The Participating Agencies acknowledge that applicable Colorado state laws govern liability for acts or omissions committed by governmental employees while participating in activities under this MOO.Liability for acts or omissions of personnel from any of the Participating non- governmental Agencies wilt be the sole responsibility of the respective employee and the employee's agency.Notwithstanding any other provision contained herein,no party to this MOU waives any immunities to which the party may be entitled,pursuant to taw. 5. The term of this MOO is from July 1,2011,or such later date as full execution of this MOU may occur,through June 30,2012.Any Participating Agency may sooner terminate its participation in this MOU by providing at least 30 days prior written notice to the 19°i Judicial District outlining the agency's intent to terminate. 6, This MOO may be modified at any time by mutual consent of all participating agencies. Modifications to this MOU shall have no force or effect until such modifications are in writing and signed by authorized representatives of each agency. 7. The designated representative from each Participating Agency shall inform each member of its organization who will be involved in a Problem Solving Court Program, of the obligations and restrictions placed upon them as to the exchange of confidential information concerning any and all Program Participants,with the goal of maintaining confidentiality of all Problem Solving Court participants. B. This MOU may be executed by one or more Parties in several counterparts and all such counterparts so executed shall together be deemed to constitute one final agreement as if signed by all Parties and each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF,the Parties have executed this MOO through their authorized representatives on the dates written below. Chief Judge James Hartmann Date Karen Salaz,District Administrator Date 19'"Judicial District 19)Judicial District D /6-1( Kevin Nelan,Chief Probation Officer Date Jo Cooke,Weld County Sheriff Date le Judicial District Probation Department d County Sheriffs Office Rick Brandt,Chief of Police Date If.Garner,Chief of Police Dare City of Evans,Colorado City of Greeley.Colorado 2 3. Representatives of the Participating Agencies may meet and share Information regarding Program Participants at scheduled planning and review meetings, in telephone conversations and additional forms of correspondence ensuring that if sensitive/protected information is communicated via email that it be sent in a secure, password protected format. 4. The Participating Agencies acknowledge that applicable Colorado state laws govern liability for acts or omissions committed by governmental employees while participating in activities under this MOU. Liability for acts or omissions of personnel from any of the Participating non- governmental Agencies will be the sole responsibility of the respective employee and the employee's agency. Notwithstanding any other provision contained herein, no party to this MOU waives any immunities to which the party may be entitled, pursuant to law. 5. The term of this MOU is from July 1, 2011,or such later date as full execution of this MOU may occur, through June 30, 2012.Any Participating Agency may sooner terminate its participation in this MOU by providing at least 30 days prior written notice to the 19th Judicial District outlining the agency's intent to terminate. 6. This MOU may be modified at any time by mutual consent of alt participating agencies. Modifications to this MOU shall have no force or effect until such modifications are in writing and signed by authorized representatives of each agency. 7. The designated representative from each Participating Agency shall inform each member of its organization who will be involved in a Problem Solving Court Program, of the obligations and restrictions placed upon them as to the exchange of confidential information concerning any and all Program Participants,with the goal of maintaining confidentiality of all Problem Solving Court participants. 8. This MOU may be executed by one or more Parties In several counterparts and all such counterparts so executed shall together be deemed to constitute one final agreement as if signed by all Parties and each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, the Parties have executed this MOU through their authorized representatives on the dates written below. Chief Judge James Hartmann Date Karen Salaz, District Administrator Date 191''Judicial District 19'n Judicial District Kevin Nolan,Chief Probation Officer Date John Cooke, Weld County Sheriff Date 19`"Judicial District Probation Department Weld County Sheriffs Office 777 -/C40)1 Rick Brandt, Chief of Police Date Jerry Garner,Chief of Police Date City of Evans,Colorado City of Greeley, Colorado 2 3. Representatives of the Participating Agencies may meet and share information regarding Program Participants at scheduled planning and review meetings, in telephone conversations and additional forms of correspondence ensuring that if sensitive/protected information is communicated via email that it be sent in a secure, password protected format. 4. The Participating Agencies acknowledge that applicable Colorado state laws govern liability for acts or omissions committed by governmental employees while participating in activities under this MOU. Liability for acts or omissions of personnel from any of the Participating non- governmental Agencies will be the sole responsibility of the respective employee and the employee's agency.Notwithstanding any other provision contained herein, no party to this MOU waives any immunities to which the party may be entitled, pursuant to law. 5. The term of this MOU is from July 1, 2011, or such later date as full execution of this MOU may occur, through June 30, 2012. Any Participating Agency may sooner terminate its participation in this MOU by providing at least 30 days prior written notice to the 19th Judicial District outlining the agency's intent to terminate. 6. This MOU may be modified at any time by mutual consent of all participating agencies. Modifications to this MOU shall have no force or effect until such modifications are in writing and signed by authorized representatives of each agency. 7. The designated representative from each Participating Agency shall inform each member of its organization who will be involved in a Problem Solving Court Program, of the obligations and restrictions placed upon them as to the exchange of confidential information concerning any and all Program Participants, with the goal of maintaining confidentiality of all Problem Solving Court participants. 8. This MOU may be executed by one or more Parties in several counterparts and all such counterparts so executed shall together be deemed to constitute one final agreement as if signed by all Parties and each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, the Parties have executed this MOU through their authorized representatives on the dates written below. Chief Judge James Hartmann Date Karen Salaz, District Administrator Date 19th Judicial District 19th Judicial District Kevin Nelan,Chief Probation Officer Date John Cooke, Weld Count Sheriff Date 19th Judicial District Probation Department Weld County Sheriffs ce Rick Brandt, Chief of Police Date J Garne C ief of Police Date City of Evans, Colorado of Gr ley, Colorado 2 O (hw 1 7a6 t i Judy "ego, irecto ,Date Ken Buck, District Attorney Date Wei ountyOepart ent of uman Services Weld County District Attorney's Office y O ce Kevin Strobel, Office Head Date Larry Pottorff, Director Date Colorado State Public Defender, North Range Behavioral Health Weld County Office Stephanie Reyes, Director Date Dianna Campbell, Program Manager Date Reyes Corporation, aka Creative Counseling B.I. Incorporated Services of Colorado, LLC. Kelly Sengenberger, Executive Director Date Michael Guthrie, Executive Director Date Intervention Youth and Family Connections 3 t/fig,x04,...c662,4,<,,k., 6 Judy Griego, Director Date Ken Buck, District Attorney Date / Weld County Department of Human Services Weld County District Attorney's Office Kevin Strobel, Office Head Date Larry Pottorff, Director Date Colorado State Public Defender, North Range Behavioral Health Weld County Office Stephanie Reyes, Director Date Dianna Campbell, Program Manager Date Reyes Corporation, aka Creative Counseling B.I. Incorporated Services of Colorado, LLC. Kelly Sengenberger, Executive Director Date Michael Guthrie, Executive Director Date Intervention Youth and Family Connections 3 Judy Griego, Director Date Ken Buck, District Attorney Date Weld County Department of Human Services Weld County District Attorney's Office Kevin Strobel. Office Head Date Larry Pottorff, Director Date Colorado State Public Defender, North Range Behavioral Health Weld County Office Stephanie Reyes, Director Date Dianna Campbell, Program Manager Date Reyes Corporation, aka Creative Counseling B.l Incorporated Services of Colorado, LLC. Kelly Sengenberger, Executive Director Date Michael Guthrie, Executive Director Date Intervention Youth and Family Connections 3 Judy Griego, Director Date Ken Buck, District Attorney Date Weld County Department of Human Services Weld County District Attorney's Office (.7:7 - l� /1 Kevin Strobel, Office Head Date Poo Ezecutiv rec e Colorado State Public Defender, North Ran B ehaviorat th Weld County Office Stephanie Reyes, Director Date Dianna Campbell, Program Manager Date Reyes Corporation,aka Creative Counseling 8.1. Incorporated Services of Colorado, LLC. Kelly Sengenberger, Executive Director Date Michael Guthrie, Executive Director Date Intervention Youth and Family Connections 3 Judy Cx-iego, Director Date Ken Dodo, District Attorney Date V4bld County Department of Human Services Weld County District Attorneys Office Kevin Strobel, Office Head Date Larry Bottorff, Director Date Colorado State Public Defender, North Range Behavioral Health a Office -?//37/1 St ie 'rector Date Llama CarnpbeII, Program N>anager Gate Reyes Corporati ,aka Creative Counseling B.i. Incorporated Services of Colorado, LLC. Kelly Sengenberger, Executive Director Date Michael Guthrie, Executive Director Date Intervention Youth and Family Connections 3 Judy Griego, Director Date Ken Buck, District Attorney Date Weld County Department of Human Services Weld County District Attorney's Office Kevin Strobel, Office Head Date Larry Pottorff, Director Date Colorado State Public Defender, North Range Behavioral Health Weld County Office `/ 6 .2,-,-X4(_;-4-71),"1..Y,, -7/i//, Stephanie Reyes, Director Date Dianna Campbell, Prograanager Date Reyes Corporation, aka Creative Counseling B.I. Incorporated Services of Colorado, LLC. Kelly Sengenberger, Executive Director Date Michael Guthrie, Executive Director Date Intervention Youth and Family Connections 3 Judy Griego, Director Date Ken Buck, District Attorney Date Weld County Department of Human Services Weld County District Attorney's Office Kevin Strobel, Office Head Date Larry Pottorff, Director Date Colorado State Public Defender, North Range Behavioral Health Weld County Office Stephanie Reyes, Director Date Dianna Campbell, Program Manager Date Reyes Corporation, aka Creative Counseling B.f. incorporated Services of Colorado, LLC. K Seng r, Executive Director Date Michael Guthrie, Executive Director Date lntervenf n Youth and Family Connections / 3 Judy Griego, Director Date Ken Buck, District Attorney Date Weld County Department of Human Services Weld County District Attorney's Office Kevin Strobel, Office Head Date Larry Pottorff, Director Date Colorado State Public Defender, North Range Behavioral Health Weld County Office Stephanie Reyes, Director Date Dianna Campbell, Program Manager Date Reyes Corporation, aka Creative Counseling B.I. incorporated Services of Colorado, LLC. �..� e�/ j/ Kelly Sengenberger, Executive Director Date 11-24?)"—(6 —. hI Guthrie, Executive Director Dat Intervention Youth and Family Connections 3 BOARD OF COUNTY COMMISSIONERS �-- WEIxD COUNTY,CO[�ORADO ATTEST: It444 ``'' t/Liz ara Kirkmeyer Chair / W d County Clerk to a B `"� % Tr' Deputy Cler.' d the Boar.'''it DEPARTMENT OF UMAN SERVICES J A. Gr go, Dire r 19th JUDICIAL DISTRICT PROBLEM SOLVING COURTS AUTHORIZATION TO SHARE INFORMATION Print Name: DOB: I authorize the following agencies to share,when necessary, confidential information concerning me: 19th Judicial District 19th Judicial District Probation Department Weld County Sheriffs Office Weld County Drug Task Force,consisting of: Weld County Sheriffs Office, City of Greely Police Department,and the City of Evans Police Department. Weld County Department of Human Services, Weld County District Attorney's Office Colorado State Public Defender,Weld County North Range Behavioral Health Reyes Corporation,aka, Creative Counseling Services of Colorado, LLC B.I. Incorporated Intervention Youth and Family Connections Other: The agencies identified above will share confidential information only when they need the information to manage or provide services to me. This authorization is valid for exchange of information related to past,present, and future services and in connection with my participation in the 19th Judicial District Problem Solving Courts. This authorization expires one year from the date I sign the form,when sharing of information is no longer needed to manage or provide services to me, or when I revoke this authorization whichever is sooner. If I am not accepted into the program,this authorization is automatically revoked. The purpose of this form is to enable the 19th Judicial District's Problem Solving Court interagency team to make appropriate recommendations and to allow the agencies listed above to better serve me through coordinated service planning and delivery. Representatives of the above agencies may meet and share information regarding me at scheduled planning and review meetings. I understand this program is not available to persons who have not violated probation or been screened into the 19th Judicial District's Problem Solving Courts. (Please show your agreement with each paragraph by writing your initials on the line) I understand that this authorization complies with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA),45 C.F.R. Parts 16o &164. As such,the 19th Judicial District's Problem Solving Court participating treatment agencies may not condition treatment,payment, enrollment or eligibility for benefits on my signing this Authorization I understand that the following types of information may be shared: information that identifies me; records which have information about disabilities,diagnoses, evaluations or treatment; drug or alcohol treatment information including diagnosis,urinalysis results,information about my attendance or lack of attendance at treatment sessions, my cooperation with the treatment program and prognosis; sex offender evaluation and treatment information; work, school and social reviews and histories; Page 1 of 3 education records; plans about services or benefits; eligibility information,information on finances; placement history; medical,psychological or psychiatric history;information pertaining to drug, alcohol,or HIV related care; or legal history. This authorization covers all admissions and/or contacts with the above listed agencies and service providers. This authorization allows an exchange of this information between and among the agencies and service providers listed above in connection with their official duties and as it relates to my participation in the 19th Judicial District's Problem Solving Courts. The communications may be verbal,written,by facsimile(FAX)or by telephone or e-mail. I understand that the agencies or individuals may need to share information among themselves more than one time and/or with other persons working for the agencies or service providers. I specifically authorize the re-release of this confidential information. I understand I will be given a copy of this form. A person may use a copy or facsimile(FAX) of this form in place of the original signed authorization form. In accordance with federal law, I specifically authorize any alcohol or drug abuse program I have been enrolled in to provide information concerning my participation in the program to employees or agents of any of the above named persons or agencies. The above names persons are authorized to re- release this information to any person or employee or agent of the any of the above named agencies on a need-to-know basis. I understand that my alcohol and/or drug treatment records are protected by federal law and regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2 and may also be protected by the Health Insurance Portability and Accountability Act of 1996("HIPAA"),45 C.F.R. Pts. 16o and 164, and cannot be disclosed without my written consent unless otherwise provided for in the regulations. I also understand that recipients of this information may re-disclose it only in connection with their official duties. In accordance with the Family Educational Right and Privacy Act(20 U.S.C. 1232),I specifically authorize any educational institution I have attended or been enrolled in to provide educational records to employees or agents of any of the above named persons or agencies. The above named persons or agencies are authorized to re-release this information to any person or employee or agent of any of the above named agencies. The 19th Judicial Problem Solving Courts are being studied to find out if it is an effective way to keep people out of jail and abstaining from substance use. I give my permission to allow the agencies and providers of services to share information with the researchers doing this study. I understand that all information will be treated confidentially. Information for this study may be gathered as long as three years. Any reports of this study will be summarized as group information and will not be linked to me personally. I understand I may revoke this authorization at any time except for information already shared in reliance upon this authorization. From that time on, agencies and providers will not share information unless the law allows them to without my authorization. By signing this Authorization Form, I agree that I have read and understand the information on this form. I understand that there is the potential for redisclosure by the recipient and that it may no longer be protected by the HIPAA Privacy Regulation. Signature and Date Witness/Agency and Date Page 2 of 3 Signature and Date of Revocation Witness/Agency and Date NOTICE TO RECIPIENT:This information has been disclosed to you from records protected by federal confidentiality rules(42CFR Part 2). The federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2. A general authorization for release is NOT sufficient for this purpose. The federal rules restrict any use of the information to criminally investigate or prosecute an alcohol or drug abuse patient. Page 3 of 3 Hello