HomeMy WebLinkAbout970138.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING REGARDING DISTRIBUTION OF
COURT APPOINTED COUNSEL INFORMATION IN DEPENDENCY AND NEGLECT
CASES 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
Regarding Distribution of Court Appointed Counsel Information in Dependency and Neglect
Cases 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 Social Services, and the 19th
Judicial District, with terms and conditions being as stated in said memorandum, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum, 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, ex -officio Board of Social Services, that the Memorandum of
Understanding Regarding Distribution of Court Appointed Counsel Information in Dependency
and Neglect Cases 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 Social Services, and
the 19th Judicial District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of January, A.D., 1997.
ATTEST:
Weld Cou
BY.
eputy Cler
970138
CC 65) Uou2T3; 09 SS0023
M
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
George E. Baxter, Chair
tance L. Harberk Pro- em
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
MEMORANDUM OF UNDERSTANDING
REGARDING DISTRIBUTION OF COURT APPOINTED COUNSEL INFORMATION
IN DEPENDENCY AND NEGLECT CASES
THIS MEMORANDUM OF UNDERSTANDING is dated this entay of
yl . , 19 6/1." , and is by and between the Weld County Department of Social
Servi s, through the Weld County Board of Social Services ("Social Services"), and the State of
Colorado, 19th Judicial District ("Judicial District").
Judicial District recently received Directive 96-08 from the Supreme Court of Colorado
concerning the processing of dependency and neglect ("D+N") cases. The Directive requires
each Judicial District in Colorado to come to an understanding with its local Department of
Social Services with respect to case management techniques employed by caseworkers in the
course of their D+N work. One of the suggestions in the Directive is to develop a mechanism to
permit the appointment of counsel for parents before the shelter care hearing. Judicial District
requests that caseworkers submit to parents copies of applications for court appointed attorneys
and associated instruction sheets. The submittal of the applications and information sheets will
be at the time of the first contact between the caseworkers and parents.
Social Services wishes to assist the Judicial District in accomplishing the Directive. To
do so, Social Services will instruct its caseworkers to use their best efforts to distribute the court
appointed attorney applications and information sheets which are attached to this Memorandum
of Understanding. With respect to such distribution, Social Services' and Judicial District agree
as follows:
a) Caseworkers will not be expected to assist the parents in completing the
application forms. Caseworkers will respond to all requests for such assistance
with referrals to either Abby or Yolanda at the Judicial District's Clerk's Office:
(970) 351-7300, Ext. 4547.
b) Neither the caseworkers nor Social Services will be penalized if, despite using
their best efforts to distribute the applications and information sheets, the parents
fail to receive them or are otherwise uninformed of the availability of court
appointed counsel at the first hearing in any D+N case.
c) The applications and information sheets have been drafted with the help of the
Court, attorneys, and caseworkers. They may need to be updated from time to
time and Judicial District and Social Services will work together on such updates
when necessary.
Page 1 of 2 Pages
970138
d) The costs of the applications and instruction sheets shall be borne by Judicial
District. Judicial District shall be responsible for providing an adequate supply of
applications and instruction sheets to Social Services.
SIGNED this? l day of
APPROVED AS TO FORM
AND SUBSTANCE:
(A C2
Jud/!Grieg6Director, Weld(County
De{iatmen f Social Services
bt:\ W pflles\ResoRudicial.db
19g7.
WELD COUNTY DEPARTMENT OF
SOCIAL SERVICES, BY AND
THROUGH THE WELD COUNTY
BOARD OF SOCIAL SERVICES
L
r Cc
George Baxter, Chair
19TH JUDICIAL DISTRICT:
Liam L Vl€t, Chief Judge
Page 2 of 2 Pages
a 1/,77/9i
970136
APPLICATION FOR COURT APPOINTED COUNSEL
DEPENDENT/ NEGLECT
CASE NUMBER
FOR OFFICE USE ONLY
NEXT HEARING
DATE TIME
N
A
M
E
S
A
N
D
A
D
D
R
E
S
S
E
S
RESPONDENT date of birth ss#
E
M
P
L
O
Y
E
R
S
RESPONDENT
last first m
street city, state, zip
CHILDREN
last first m
street city, slate, zip
last first m
SPOUSE
street city, state, zip
last first m
street city, state, zip
last first m
street city, state, up
MARITAL STATUS NUMBER OF DEPENDENTS
single _ married children _ other
separated _divorced spouse TOTAL —
VALUE OF PROPERTY
AND REAL ESTATE OWNED
$
BANK ACCOUNT& ACCT. BALANCE
checking AT S
VEHICLES OWNED
YEAR/MAKE VALUE
$
savings AT $
$
AMOUNT OF CASH ON HAND OR IN ACCOUNTS $
$
MONTHLY INCOME
Earnings - Self $
MONTHLY EXPENSES FOR NECESSTTIES
RENT/HOUSE PAYMENT $
FOOD $
Earnings - Spouse $
CLOTHING $
Other Sources (Speedy)
$
UTILITIES $
AIMONY/CHILD SUPPORT $
$
MEDICAL BILLS $
S
INSTALLMENT PAYMENTS $
g
TOTAL MONTHLY EXPENSES $
TOTAL HOUSEHOLD INCOME $
I SWEAR UNDER PENALTY OF PERJURY
THAT THE ABOVE INFORMATION IS
TRUE AND COMPLEIE
signature date phone
APPLICANT ABOVE GUIDELINES
no AMOUNT $ PER
ATTORNEY APPOINTED.
_ yes —
RECOMMENDATION 10 THE COURP.
ELIGIBLE PARTIALLY INDIGENT, ABLE TO PAY $ PER MONTH FOR
_
i COUNSEL
NOT ELIGIBLE _ REQUIRES A HEARING BEFORE FINAL DETERMINATION
DATE ELIGIBILITY INVESTIGATOR
DATE JUDGE/MAGISTRATE
970138
YOUR RIGHT TO HAVE A LAWYER TO
REPRESENT YOU IN DEPENDENCY AND
NEGLECT CASES
If a petition which says that your children are dependent or neglected is filed, you
have the right to have a lawyer to represent you at any court hearings. If you are a parent
(not a step-parent), you have the right to have the court pay for your lawyer if you can't
afford to pay for the lawyer yourself If you want to try to get the court to pay for your
lawyer, you must fill out the application on the other side of this notice. You must
carefully follow the instructions which are printed below. After you fill out the
application, the Court will decide whether you qualify. Return your application to the
Court just as soon as possible. You must return the application before the day set
for the hearing if you want a lawyer to represent you at the emergency hearing! If
you return the application promptly and you qualify for a court -paid lawyer, the court staff
will try their best to have your lawyer appointed before any hearings are held in your case.
In some cases it is impossible to appoint a lawyer in time for your emergency hearing.
INSTRUCTIONS FOR FILLING OUT AND TURNING IN APPLICATION FOR
COURT -APPOINTED LAWYER
1. You are a Respondent. Please fill out all sections on the other side of these
instructions except for the sections marked "Applicant above Guidelines" and
"Recommendations to the Court". These sections are for office use only. Any
areas regarding personal information that are left blank will delay the
processing of your application. Please write legibly or use a typewriter when
filling out the application.
Hand deliver the completed application to the Clerk in Division 2, Room 303
which is located on the third floor of the Courthouse, 9th Street and 9th
Avenue, Greeley, CO. While you wait, the Clerk will determine if you meet
the guidelines for a court -appointed lawyer. If you meet the guidelines, a
lawyer will be contacted and you will be able to set up an appointment with
your lawyer before you leave our office. If a lawyer cannot be reached on that
day, the Clerk will call you with your lawyer's name and phone number so that
you may contact him or her.
NOTE: If you are scheduled to appear for an 8:30 a.m. hearing in Division 2 please
notify the Clerk when you deliver your application. This will assist us in
processing your application. Remember, the sooner you turn in your
application, the more likely it is that a lawyer can be appointed before the
emergency hearing. If you have questions about the application process you
may call Abby or Yolanda at (970) 351-7300 Ext. 4547.
2.
THESE INSTRUCTIONS HAVE BEEN PREPARED BY THE DISTRICT COURT SO
THAT PARENTS CAN HAVE INFORMATION ABOUT THEIR RIGHT TO APPLY
FOR A COURT APPOINTED LAWYER AT THE EARLIEST POSSIBLE TIME
97'0138
WILLIAM L. WEST
CHIEF JUDGE
JONATHAN W. HAYS
J. ROBERT LOWENBACH
ROGER A. KLEIN
DISTRICT JUDGES
LYNN J. KAROWSKY
DAVID J. MELUSKY
ELLEN J. TOOMEY
MAGISTRATES
STATE OF COLORADO
WELD COUNTY COMBINED COURTS
901 Ninth Avenue
Post Office Box C
Greeley, Colorado 80632
(970) 351-7300
FAX (970) 356-4356
January 14, 1997
Bruce T. Barker
Weld County Attorney
915 Tenth Street
Greeley, CO 80632
RE: Memorandum of Understanding
MARY M.BOHLENDER
DISTRICT ADMINISTRAIOR
FERN A. KOEHLER
CLERK OF COURT
IDJAN 1 5 1997 { ,'
^.'ELD COUNTY
ATTORNEY'S OFFICE
Dear Mr. Barker:
Enclosed is the Memorandum of Understanding Regarding
Distribution of Court Appointed Counsel Information in Dependency
and Neglect Cases which has been executed by Chief Judge William
L. West. I have also enclosed 100 copies of the application.
Please return a fully conformed copy of the agreement to Judge
Lowenbach for our records.
Thank you for your assistance with this matter.
Sincprely,
Enclosures
LANDA D. SWOPE
ivision II Clerk
970138
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