HomeMy WebLinkAbout20260028 Resolution
Approve Standard Form for Adult Protective Services (APS) Cooperative
Agreements Between Department of Human Services and Various Agencies, and
Authorize Chair and Department of Human Services to Sign Agreements
Consistent with Said Form
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 Standard Form for Adult Protective
Services (APS) Cooperative Agreements between 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 various agencies, with further terms and conditions
being as stated in said form, and
Whereas, after review, the Board deems it advisable to approve said form, 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 Standard Form for Adult Protective Services (APS) Cooperative
Agreements between 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 various agencies, be, and hereby is, approved.
Be it further resolved by the Board that the Chair and Jamie Ulrich, Director of the
Department of Human Services, or her designee, be, and hereby are, authorized to sign
agreements consistent with said form.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 7th day of January, A.D., 2026:
Scott K. James, Chair: Aye �.r+-•�
Jason S. Maxey, Pro-Tem: Aye #c l I •
Perry L. Buck: Aye I if
1 �1►
Lynette Peppier: Aye
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Kevin D. Ross: Aye ��� "., r1
Approved as to Form: �►°IV '
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
c rt60- f 3 F-0 2026-0028
by, l alo HR0098
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: Adult Protective Services Cooperative Agreement Template
DEPARTMENT: Human Services DATE: December 30, 2025
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: Per Colorado Revised Statutes § 26-3.1-103(2), each
county is required to enter into cooperative agreements with law enforcement agencies, the District
Attorney's Office, and other entities responsible under federal and state law for investigating
mistreatment of at-risk adults. Weld County maintains agreements with twenty-four (24) municipal
police departments, the Weld County Sheriffs Office, and the Weld County District Attorney (19th
Judicial District). These agreements define coordinated duties and responsibilities for reporting,
responding to, and investigating allegations of abuse, caretaker neglect, and exploitation of at-risk
adults.
To ensure continued compliance with statute, the Department is requesting approval of the Adult
Protective Services Cooperative Agreement template.
The template has been reviewed and approved by Legal (B. Howell).
These agreements are non-financial and will take effect upon the date of the last signature. Each
agreement will remain in force for a period not to exceed five (5) years.
What options exist for the Board?
• Approval of the Adult Protective Services Cooperative Agreement Template.
• Deny approval of the Adult Protective Services Cooperative Agreement Template.
Consequences: WCDHS will not have an approved Cooperative Agreement template for APS.
Impacts: WCDHS will not be in compliance with State requirements.
Costs (Current Fiscal Year/ Ongoing or Subsequent Fiscal Years):
• Total cost = These agreements are non-financial.
Recommendation:
• Approval of the Adult Protective Services Cooperative Agreement Template and authorize the
Chair to sign subsequent agreements.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James V Lt(pc GK1C2
Jason S. Maxey ' crV,
Lynette Peppier
Kevin D. Ross O wk- oP (Plc€ _ 2026-0028
Pass-Around Memorandum; December 30, 2025 — NOT IN CMS
Adult Protective Services (APS) Cooperative Agreement
Between
The Weld County Department of Human Services
And
(Law Enforcement Agency Name)
I. SUBJECT: Weld County Adult Protective Services (APS) Cooperative Agreement for
investigation of reports involving possible mistreatment of at-risk adults.
Ii. PURPOSE: To clarify the coordinated duties and responsibilities of agencies involved in
reporting, responding, and investigating reports regarding the abuse, caretaker neglect,
and exploitation (mistreatment) of at-risk adults.
III. TERM OF AGREEMENT: This Agreement will commence upon the date of the final
signature and will remain in effect for no more than five (5) years. Any changes to this
Agreement may be made in writing at any time by mutual consent of the County
Department (herein referred to as APS) and the Law Enforcement Agency (herein
referred to as LEA). Nothing in this Agreement shall substitute or represent a change in
either agency's legally mandated responsibilities.
IV. BACKGROUND AND BASIS FOR THE AGREEMENT:
Per Section §26-3.1-103(2)C.R.S., each county department, law enforcement agency,
district attorney's office, and other agency responsible under federal law or the laws of this
state to investigate mistreatment of at-risk adults shall develop and implement cooperative
agreements to coordinate the investigative duties of such agencies. The focus of such
agreement shall be to ensure the best protection for at-risk adults. The agreements shall
provide for special requests by one agency for assistance from another agency and for
joint investigations. The agreements shall further provide that each agency shall maintain
the confidentiality of the information exchanged pursuant to such joint investigations.
V. PRINCIPLES OF THE AGREEMENT
In accordance with the above-cited statute, this agreement is made to ensure coordinated
response during all hours, provide for special requests for assistance from one agency to
another, and arrange for joint investigation(s) when needed to maximize the effectiveness
of the civil and criminal investigative processes.
It is understood that joint investigations may be used as a means to coordinate the efforts
of the involved agencies, and that each individual agency remains accountable to its own
rules, policies, and statutes.
It is understood that all agencies involved in this agreement shall accept reports of known
or suspected mistreatment or self-neglect of at-risk adults and share those reports with
the agencies in this agreement within 24 hours of receipt.
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Rev. 12/2025
VI. BUSINESS AND NON-BUSINESS HOUR PROCESSES
APS is required by program rule to have an established process to receive reports during
business and non-business hours.
APS receives reports during business hours at (970) 400-6700. Business hours are
Monday through Friday from 8:00 a.m. to 5:00 p.m.
APS can receive reports 24 hours a day through the online reporting system.
Reports made during non-business hours are received by Hotline County Connection
Center (HCCC) at (970) 400-6700 or by Law Enforcement through the Weld County
Dispatch Center.). The agency receiving reports during non-business hours should fax
(970) 346-7666 or email the reports to APS within 24 hours at HS-
APSScreening@weld.gov.
VII. DISPOSITION OF REPORTS
A copy of all reports made to APS shall be forwarded to the law enforcement agency with
jurisdiction within twenty-four hours of receipt of the report. Per statute (§26-3.1-102(3)
C.R.S., the LEA will not be provided reports that are alleging only self-neglect. A copy of
all reports of mistreatment and self-neglect made to the LEA and the district attorney's
office shall be forwarded to APS within twenty-four hours of receipt of the report. When
mistreatment is identified by APS after the original report was shared with the LEA, APS
must refer to the LEA with jurisdiction as soon as there are reasonable suspicions that a
crime has been committed.
Reports of mistreatment of at-risk elders, 70 years of age or older, or an at-risk adult with
an intellectual and developmental disability (at-risk adult with IDD), will be reviewed and
evaluated by APS to determine if the at-risk elder or at-risk adult with IDD meets the
statutory requirements of an at-risk adult pursuant to §26-3.1-101, C.R.S. before the
report is screened in for investigation and provision of services.
The report shall include: name, age, and address of the adult; the name and address of
the caretaker, if any; the suspected nature and extent of the injury and mistreatment or
self-neglect, if any; the nature and extent of the adult's conditions that will reasonably
result in mistreatment or self-neglect; and other pertinent information.
VIII. AGENCY ROLES
APS is responsible for investigating reports of suspected mistreatment and/or self-neglect
of at-risk adults.
The County Attorney's Office is responsible for reviewing reports of mistreatment of at-risk
adults when a review is requested or when APS is considering filing for legal authority of
an at-risk adult.
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Rev. 12/2025
LEAs are primarily responsible for the coordination and investigation of criminal
allegations involving at-risk adults, at-risk elders, and at-risk adults with an IDD.
The District Attorney's Office is responsible for reviewing reports of criminal actions or
threats of mistreatment of at-risk adults, at-risk elders, and at-risk adults with an IDD to
determine possibility of prosecution.
IX. INVESTIGATION PROCEDURE AND GUIDELINES
APS and LEAs have different legal requirements related to investigations that must be
followed. The agencies agree to the following considerations when investigating either
jointly or independently.
Any agency that is a partner in this cooperative agreement may request stand-by
assistance from another agency.
While APS may accommodate a request by law enforcement to temporarily delay an
investigation or an interview, APS will only delay until the 30th day following the date of the
report.
APS may jointly investigate reports with law enforcement when the adult is "at-risk" by
APS statutory definition and there is mistreatment. APS cannot jointly investigate if these
criteria are not met. Either APS or the LEA may request a joint investigation.
When a joint investigation is required, the APS caseworker, law enforcement officer(s),
and/or the District Attorney's Office may conduct joint interviews, compare notes, and
clarify information following interviews. Information may be shared, as outlined in the
Confidentiality section, below.
LEAs will share information, such as police reports and summaries of evidence, as
requested by APS whether investigating independently or jointly. APS will share
information and evidence that they collect during an investigation, whether independent or
joint, when sharing that information is allowed by statute (§26-3.1-102(7), C.R.S.),
outlined in Section X, Confidentiality.
Law enforcement shall be considered the lead agency in criminal joint investigations.
APS shall be considered the lead agency in non-criminal joint investigations.
Intellectual and developmental disability investigators, ombudsmen, or other agencies
with legal authority to investigate mistreatment may be present as part of the joint
investigative team.
Joint investigation may be utilized when the following pertain to an at-risk adult:
1. There is pain and/or physical injury, as demonstrated by, but not limited to, substantial
or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures,
poisoning, subdural hematoma, soft tissue swelling or suffocation.
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Rev. 12/2025
2. Unreasonable confinement or restraint has been imposed.
3. There is nonconsensual sexual conduct or contact classified as a crime under
Colorado law.
4. Caretaker neglect threatens the at-risk adult's safety or well-being.
5. Exploitation has occurred and/or is occurring and the exploitation is a crime under
Colorado law.
6. Threats of violence, presence of firearms, intoxication, or any illegal activity is present
and threatens the at-risk adult or APS caseworker's safety.
7. Specialized interviewing skills might be required.
X. CONFIDENTIALITY
APS reports, investigative, and case information is confidential and may only be shared
without a court order under very specific exceptions, as outlined in §26-3.1-103(2), C.R.S.
This report, investigative, and case information includes, but is not limited to the name
and address of the at-risk adult, members of the adult's family, reporting party's name and
address, findings on the alleged perpetrator, and any other information or evidence
obtained in the report or during the investigation and subsequent casework related to the
report.
Exceptions to the requirement of a court order for sharing information that are most
relevant to this agreement include:
• §26-3.1-102(7)(b)(III), C.R.S. Sharing information during a joint investigation. APS
can share information and evidence collected throughout the investigation,
including the finding on the alleged perpetrator(s) only when the LEA is actively
investigating with APS.
• Sharing information in order to provide services to an at-risk adult, such as when a
protective order may be necessary.
• §26-3.1-102(7)(b)( I), C.R.S. When a criminal investigation into an allegation of
mistreatment is being conducted and APS report and case information is relevant
to the investigation.
• §26-3.1-102(7)(b)( I), C.R.S. When a criminal complaint, information, or indictment
is filed and APS report and case information is relevant to the investigation.
• §26-3.1-102(7)(b)( I), C.R.S. When a review of death by a coroner is being
conducted when the death is suspected to be related to mistreatment and APS
report and case information is relevant to the investigation.
• §26-3.1-102(7)(b)( II), C.R.S. When there is a death of a suspected at-risk adult
from mistreatment or self-neglect and a LEA files a formal charge or a grand jury
issues an indictment in connection with the death.
Unless necessary for filing criminal charges and/or for court proceedings the identity of
the reporting party should not be disclosed to other parties by either APS or the LEA.
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Rev. 12/2025
SIGNED BY:
Director, (Name) County Department of Human Services Date
(Law Enforcement Agency Name) Date
COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Clerk to the Board Scott K. James, Chair
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Rev. 12/2025
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