HomeMy WebLinkAbout20232616.tiffRESOLUTION
RE: APPROVE STANDARD FORM FOR COOPERATIVE AGREEMENTS REGARDING
PROTOCOLS FOR CHILD WELFARE NOTIFICATION AND INVESTIGATION
REQUIREMENTS BETWEEN DEPARTMENT OF HUMAN SERVICES AND VARIOUS
LAW ENFORCEMENT AGENCIES AND AUTHORIZE CHAIR TO SIGN ANY
AGREEMENT 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 the form of a Cooperative Agreement
Regarding Protocols for Child Welfare Notification and Investigation Requirements between the
Department of Human Services and various law enforcement agencies, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
Cooperative Agreement, 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 Cooperative Agreements between the Department of Human Services and law
enforcement agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form of the Cooperative Agreement Regarding Protocols for Child
Welfare Notification and Investigation Requirements between the Department of Human Services
and various law enforcement agencies 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddt.44)
Weld County Clerk to too the Board
,11-)(1, of/ Li
Deputy Clerk to the Board
APRM:
orney
Date of signature: OQlIQ / X23
Cc : I -I S D, cTS (EE
oq /26 /23
Mi man, Chair 43€4.4)(
Perry L. Bu Pro-Tem
K. Jame
2
Ross
Saine
2023-2616
HR0095
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Child Welfare Cooperative Agreements with Law Enforcement Agenc vs
DEPARTMENT: Human Services DATE: September `.i., 2023
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue:
Per Colorado Revised Statutes Section 19-3-308(5.5) and volume 7.601.2A, each county is require t `o enter
into Cooperative Agreements with law enforcement agencies to coordinate the duties of each a )k'ncy in
connection with the assessment or investigation of child abuse and/or neglect. To ensure that expects Ions for
working relationships between law enforcement agencies and child welfare agencies are clear and real !1 table,
the Department is requesting to enter into Cooperative Agreements with 25 law enforcement agerAtes to
document those expectations.
These agreements are non -financial and will commence upon the date of the first signature: and will Le 'n
perpetuity.
CMS#
LAW ENFORCEMENT AGENCY
1
Ault Police Department
2
Brighton Police Department
3
Dacono Police Department
4
Eaton Police Department
5
Erie Police Department
6
Evans Police Department
7
Frederick Police Department
8
Firestone Police Department
9
Fort Lupton Police Department
10
Garden City Police Department
11
Greeley Police Department
12
Hudson Police Department
13
Johnstown Police Department
14
Keenesburg Police Department
15
Kersey Police Department
16
LaSalle Police Department
17
Lochbuie Police Department
18
Mead Police Department
19
Milliken Police Department
20
Nunn Police Department
21
Platteville Police Department
22
Severance Police Department
23
University of Northern Colorado Police Department
24
Weld County Sheriffs Office
25
Windsor Police Department
Pass -Around Memorandum; September 5, 2023 — Not In CMS
2023-2616
'VI I
lz0Oci'S
What options exist for the Board?
• Approval of the standard Cooperative Agreement template and subsequent agreement with 25 law
enforcement agencies
• Deny approval of standard Cooperative Agreement template and subsequent agreement with 25 law
enforcement agencies
Consequences: No Cooperative Agreements will be executed
Impacts: Weld County will not be in compliance with 19-3-308(5.5), C.R.S., and Volume 7.601.2 A.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• Total cost = N/A
Recommendation:
• Approval of the Cooperative Agreement template and authorize the Chair to sign the subsequent
agreements with 25 law enforcement agencies.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
Pass -Around Memorandum; September 5, 2023 — Not In CMS
COOPERATIVE AGREEMENT BETWEEN
WELD COUNTY DEPARTMENT OF HUMAN
SERVICES,
AND AGENCY NAME
This agreement is entered into, by and between the Weld County Department of
Human Services, hereinafter "Human/Social Services", and Agency Name, hereinafter
"Law Enforcement".
WITNESSETH
WHEREAS, Colorado law encourages cooperation between local departments of
Human/Social Services and Local Law Enforcement; and
WHEREAS, from time to time, Weld County Human Services and Local Law
Enforcement have the responsibility to investigate allegations of child abuse and neglect;
and
WHEREAS, the parties hereto desire to memorialize their cooperative arrangement; and
WHEREAS, by custom, Human/Social Services has taken the prime responsibility to
investigate child abuse and neglect cases, and the parties affirmatively state that this Agreement
is not intended to change this custom; and
WHEREAS, while each of the undersigned professionals and agencies have specific
responsibilities in the treatment, protection, and investigation of children, it is acknowledged
that the multidisciplinary team approach on matters of child abuse and neglect is a more
positive approach to the ultimate resolution of the problems related to these most difficult
situations; and
WHEREAS, the purpose of this agreement is to enhance the ability of agencies,
organizations, and individuals to implement coordinated efforts in dealing with children and
families involved in child abuse and neglect,
NOW THEREFORE, the parties agree as follows:
PROTOCOL FOR COOPERATION
The following protocol shall apply for cooperation between Human/Social Services and
local Law Enforcement.
A. Child abuse reporting laws allow reports to both Law Enforcement and Human/Social
Services. This makes cooperation essential to assure prompt action, protection for the
child and the responses required by law. The decision regarding who investigates a
suspected child abuse/neglect case shall be made jointly by the referring agency and
the receiving agency. Joint investigation may also be requested by the receiving
agency if there is a determination of that need
B The Department of Human/Social Services has an assigned worker on call twenty-four
hours per day, seven days per week Any referrals should be made to a caseworker or
the director during regular working hours or the staff person on call after hours All
referrals from Human/ Social Services will be made to the officer on duty
C Cases of minor and medium physical abuse/neglect will not require immediate
referral to local Law Enforcement by the staff of Human/ Social Services All cases of
a more severe nature require immediate contact with local Law Enforcement
depending on jurisdiction
D Third -party abuse or neglect cases investigated by Law Enforcement as provided in
Section 19-3- 308(5 3)(a) shall not require immediate notification to Human/Social
Services In such cases, Law Enforcement shall submit a copy of its investigative
report to Human/Social Services in order that Human/Social Services may submit a
report to the states automated system if the case is substantiated and may order to
have the local Child Protection Team review the case
E All reports of confirmed child abuse/neglect shall be forwarded by the County
Department to the District Attorney's office and the local Law Enforcement agency
F In Joint investigations, as a general rule, Human/Social Services will take the lead in
interviewing the victim, and Law Enforcement will take the lead in interviewing the
alleged perpetrator Joint interviews shall be preceded by a planning session to outline
the conduct of the interview prior to the investigation However, some investigations
will proceed according to a standard plan of actions, while others will require a unique
approach Upon completion of the joint investigation
1 Law Enforcement continues criminal investigation without the involvement of
Human/Social Services This shall include the submission of the Information
to the District Attorney for disposition
2 Human/Social Services shall be responsible for determining what measures are
necessary for the protection of the children, which may include, but not
necessarily be limited to the removal of the child (ren) from the home, the filing of
a Petition for Dependency and Neglect, and appropriate notification to the Court if
removal has occurred
3 Appropriate sharing of reports must occur Law Enforcement shall provide
Human/Social Services with copies of incident reports when requested
LANGUAGE AND CRITERIA FOR
IDENTIFICATION OF SUSPECTED ABUSE
This section is intended to ensure that all parties are using the same language and criteria for
identification of suspected abuse and neglect cases
ABUSE
® Minor - Excessive or inappropriate force used resulting in a superficial injury
Medium - Excessive or inappropnate force used resulting in an injury which may
require medical attention
Severe- Excessive or inappropriate force used resulting in a serious injury which
requires medical attention and/or hospitalization
Near fatal - Involves an incident in which a physician determines that a child is in
serious, critical, or life -threatening condition as the result of sickness or injury caused
by suspected abuse and/or neglect
Fatal - Physical or emotional needs of child are not met resulting in death
NEGLECT
Minor - Physical or emotional needs of child are marginally or inconsistently met,
but little or no impact on the child's functioning
Medium - Physical or emotional needs of child are inadequately met resulting in some
impairment in the child's functioning
Severe - Physical or emotional needs of child are not met resulting in serious injury or
illness
Near fatal - Physical or emotional needs of the child are not met in an incident in
which a physician determines that a child is in serious, critical, or life -threatening
condition as the result of sickness or injury caused by suspected abuse and/or neglect
Fatal - Physical or emotional needs of child are not met resulting in death
SEXUAL ABUSE
Severity of sexual abuse should be determined based upon the type of contact,
duration of contact, and the emotional impact upon the child
RESPONSIBILITY FOR INVESTIGATION
A The following are applicable cases, or types of cases, where it is expected that the sole
investigation will be conducted by Human/Social Services (Law Enforcement may be
called at any time there may be a safety risk to any worker)
1 Minor physical abuse
2 Substance exposed newborn
3 Failure to Thrive
4 Medical neglect (including failure to provide medically indicated treatment to
disabled infants with life threatening conditions and drug affected babies)
5 Sexual abuse when perpetrator under age 10 Exception, if there is indication that
the under age 10 perpetrator is the victim of someone over 10
6 Educational neglect In truancy cases, after charges have been filed by the school
distnct
7 Emotional abuse
8 Medium neglect, lack of supervision
9 Physical or sexual abuse in a daycare home or center, foster home, group home
or institution (Another county department may need to investigate to avoid a
conflict of interest)
B The following are examples of cases where it is expected that the sole
investigation will be conducted by Law Enforcement (Human/Social Services may
be called when determined by both parties to be in the best interest of the safety of
the child)
1 Third -party physical abuse
2 Third party sexual abuse, when the alleged perpetrator is over 10 and it can be
determined that the actor is not an abused child
3 Report of immediate danger to a child when proximity and speed of Law
Enforcement response is needed, when Child Protective Services are not available,
and risk to the child indicates immediate evaluation is needed (e g , welfare check)
C The following cases shall be jointly investigated by Human/Social Services and
Law Enforcement when abuse or neglect is suspected
1 Death of a child
2 Medium to severe physical abuse or risk of this Joint investigation by
Human/Social Services and Law Enforcement is recommended to evaluate the
need for immediate medical evaluation, protective custody of the child and
appropriate civil and cnminal action
3 All head trauma injuries (i e , subdural hematoma)
4 All injuries involving ruptured organs, unjustifiably explained abdominal injuries
or any injury consistent with abuse (The history given concerning such
conditions is at variance with the degree of type of such condition or death, or the
circumstances indicate that such condition may not be the product of an
accidental occurrence)
5 All fractures which are unjustifiably explained, or multiple fractures or in various
stages of healing (The history given concerning such conditions is at variance
with the degree or type of such condition or death, or the circumstances indicate
that such condition may not be the product of an accidental occurrence)
6 All second or third degree burns, including cigarette burns or other burns
consistent with abuse (such as immersion burns)
7 All lacerations to the face, external genitalia or extremities which are unjustifiably
explained (The history given concerning such condition is at variance with the
degree or type of such condition or death, or the circumstances indicate that such
conditions may not be the product of an accidental occurrence)
8 All lesions on different parts of the body
9 Intra familial and third -party sexual abuse
10 Injurious Environment (May require Code Enforcement)
11 Sexual abuse when the alleged perpetrator may be a child victim, or the actor may
have his/hei own children under the age of 18, or any other child may be at risk
12 When a suspected perpetrator who is a parent, custodian, guardian or a child may
flee
13 When a parent, custodian, or guardian of a child refuses access to the child (ran)
by Human/Social Services or Law Enforcement or refuses medical examination of
the child (ren) It is recognized that it may be necessary for Human/ Social
Services to obtain a Court Order for access to said child (ren)
14 Conditions suggesting suspicion that a law has been broken
15 Any case in which a child is subjected to human trafficking of a minor for
sexual and labor servitude
GENERAL PROVISIONS OF COOPERATIVE
AGREEMENT
A The intent of this Agreement is to clarify and enhance cooperation between agencies
to protect children It is recognized there may be differing opinions regarding some
case decisions In those cases, referral to supervisory levels would be appropriate
Child Protection Teams also may be used for consultation, feedback, and direction
regarding cases which have become problematic between agencies The District
Attorney may provide guidance as well In extreme circumstances, the Court may be
requested to intervene to resolve issues related to the legal responsibility of each
agency
B Because agencies and communities are changing entities, annual review for
modification or evaluation is accepted as a part of this cooperative agreement The
parties shall set a mutually convenient annual meeting to review and discuss issues
directly related to the fulfillment of this Agreement
C Relevant portions of Colorado Revised Statutes are 19-3-308(5 5)
THE UNDERSIGNED INDIVIDUALS REPRESENTING THEIR RESPECTIVE
AGENCIES HAVE READ THIS DOCUMENT AND AGREE TO IMPLEMENT THE
PROCEDURES AS OUTLINED.
COUNTY;
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Clerk to the Board Mike Freeman, Chair
LAW ENFORCEMENT:
Agency Name
Address
City, State, Zip Code
By:
Signer Name, Title
Date:
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