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Home My WebLink About20230020.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR COOPERATION ON CHILD WELFARE NOTIFICATION AND INVESTIGATION REQUIREMENTS, AND AUTHORIZE CHAIR TO SIGN - KEENESBURG POLICE DEPARTMENT 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 for Cooperation on Child Welfare Notification and Investigation Requirements 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 the Keenesburg Police Department, with further terms and conditions being as stated in said memorandum of understanding, and 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 for Cooperation on Child Welfare Notification and Investigation Requirements 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 the Keenesburg Police Department, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddt..4,0 ..rdo;ok Mike Freeman, Chair Weld County Clerk to the Board BY: APP +.County Attorney Date of signature: of /11/23 cc:1-{ SD 02/01/23 PerrN L. Buck, Pro-Tem Scb'tt K. Jamgs-- Kevin D. Ross Lori Saine 2023-0020 HR0095 Coln-I'vack ipti corn' PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: December 20, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Memorandum of Understanding (MOU) with the Town of Keenesburg on behalf of the Keenesburg Police Department Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Memorandum of Understanding (MOU) with the Town of Keenesburg on behalf of the Keenesburg Police Department. The Department has MOUs with each Weld County law enforcement agency for the purpose of cooperation and notification between agencies regarding reports of child abuse and neglect, and child maltreatment deaths, in both joint and individual investigations. In September 2022, the Keenesburg Police Department became their own Law Enforcement Agency. As such, the Department now wishes to enter into a MOU with the Keenesburg Police Department. Upon execution, this MOU will be in perpetuity. This MOU was reviewed and approved by legal (C. Perry). I do not recommend a Work Session. I recommend approval of this Memorandum of Understanding and authorize the Chair to sign. Approve Recommendation Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: Pass -Around Memorandum; December 20, 2022 - CMS ID 6569 Page 1 2023-0020 oticLl I-1-Ieo095 MEMORANDUM OF UNDERSTANDING 44141 WHEREAS, the following Memorandum of Understanding (Agreement) is entered into on this day of ykijauC2023, by and between the Town of Keenesburg, for the benefit of the Keenesburg Police Department (hereinafter dferred to as the Agency), and the Weld County Department of Human Services. WHEREAS, the protocols for cooperation on child welfare notification and investigation requirements, as 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 of Human Services' 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 of Human Services reasonably believes that an incident of abuse or neglect has occurred, so that the local law enforcement agency may investigate to determine if a violation of any criminal child abuse law has occurred. 3. When there is indication for a joint investigation. b. If Agency receives a report of a known or suspected incident of intrafamilial abuse or neglect, it shall forthwith attempt to contact the Department of Human Services, as required by 19-3-308(5), even if 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 reports of child abuse and neglect within twenty-four hours of the Agency receiving the information. Written reports shall be provided to the Department of Human Services as soon as possible, pursuant to 19-3-308(5); 2. Immediately if a joint investigation is required and /or 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 have statutory power to place a protective hold on a child without order of a court in certain circumstances. The law enforcement officer of Agency should consult with the Department of Human Services caseworker when reasonably practicable prior to placing a child in protective custody without a court order, except in emergency circumstances; provided, however, nothing herein shall be construed to (i) limit the law enforcement officer's professional discretion, or (ii) prohibit a law enforcement officer of Agency from pursuing a court 020.L3 -d �� order for protective custody when the law enforcement officer determines it prudent. After removal, the officer shall contact the Department of Human Services. b. Once a law enforcement officer has placed a child in protective custody, the Department of Human Services will place the child in either foster care, group home, residential facility, relative placement, or in some cases back with the parent or caregiver with a safety plan put into place, subject to applicable law. c. If the law enforcement officer decides not to place a hold and the Department of 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 Agency takes a child into protective custody, or when the court orders the Department of Human Services 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 the Department of Human Services and Agency are involved, the officer and the caseworker shall document that this notice has been provided to the parents. e. Subject to applicable law, 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 Department of 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 not reported as child abuse/neglect, subject to applicable law, 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 the Department of Human Services first to determine the appropriateness of that relative for placement; provided, however, nothing herein shall be construed to limit the law enforcement officer's professional discretion. 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 the Department of Human Services include: I. Any death of a child; 2. Any unexplained unresponsive child; 3. Intrafamilial sexual abuse; 4. Physical abuse where there are moderate to severe injuries; 5. Severe neglect; 0. At the request of the Agency, any third -party abuse or neglect where the protection and safety of the child is at risk; 7. At the request of Human Services, situations where there are arrests and/or safety issues; 2 8. If the parent refuses access to the child for investigation and/or medical assessment; 9. Upon request by either agency; 10. Institutional Abuse if it is in a category that would otherwise require a joint investigation; 11. 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 the Department of Human Services and NCIC/CCIC/CBI Suspect File by the Agency. 3. The Department of 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 Life Stories Child and Family Advocacy Center (NOTE: Life Stories Child and Family Advocacy Center 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; e. What interviewing aids are appropriate (such as anatomical drawings, etc.); Determining which collateral sources need to be contacted; g. In cases of children with special needs, (i.e., hearing impaired, visually impaired, developmentally impaired, mentally impaired, non-English speaking), seeking an appropriate person to assist in the interview. h. Determining whether a medical and/or psychological evaluation needs to be obtained and if so, seek an appropriate person for the evaluation. 4. The Agency will gather and preserve evidence. This includes: a. Collecting accurate and detailed documentation of observations; b. Taking photographs; c. Preserving 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 -I -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, NEAR FATALITIES, EGREGIOUS ABUSE/NEGLECT The death, near death, or egregious abuse/neglect 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, near death, or egregious abuse/neglect 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, near deaths, or egregious abuse/neglect. 3 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, near death, or egregious abuse/neglect. 2. The unresponsive child or death, near death, or egregious abuse/neglect is not explained, or cause of death is unknown at the time of the child's death, near death, or egregious abuse/neglect. 3. The history given about the child's death, near death, or egregious abuse/neglect is at variance with the degree or type of injury and subsequent death, near death, or egregious abuse/neglect. 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. 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 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 authorized 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 may provide to Agency important background information relating to the victim's family dynamics and whether the victim child is under the purview of the Department of Human Services 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 Term of Agreement: The term of the Agreement shall commence on the date of execution of this Agreement and shall be perpetual, unless terminated in accordance with subsection (b), below. b. Termination of Agreement: This Agreement may be terminated by the Department of Human Services 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: I. Upon execution this Agreement is a valid and binding obligation between the Department of Human Services and the Agency, and the making and performance of 4 this Agreement has been duly authorized by all necessary corporate or official action.. 2. The making or performance of this Agreement does not require the consent or approval of any additional governmental entity other than the signing parties or, if such consent or approval is required, such has been obtained. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement this ( Ity of 202& COUNTY. ATTEST: Weld County Clerk to the Board „��ar.a'm.u� Deputy Clerk to the Board ATTEST: 5 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freeman, Chair JAN 0 4 2023 ALFNCY: Town of Keenesburg, For the benefit of the Keenesburg Police Department 91 West Broadway Avenue Keenesbur• olorado 80643 By: on L ayor Date: Contract Form New Contract Reque En nior Entity Name * TOWN OF KEENESBURG Entity ID" W00003349 Contract Name" TOWN OF KEENESBURG (CW LAW ENFORCEMENT MOW Contract Status CTB REVIEW ❑ New Entity? Contract ID 6569 Contract Lead APEGG Contract Lead Email apeggnreldgov.com;cobbx xlkWweidgov.com Parent Contract ID Requires Board Approval YES Department Project Contract Description* NEW MOU. FOR COOPERATION ON CHILD WELFARE NOTIFICATION AND INVESTIGATION REQUIREMENTS. TERM: IN PERPITUITY UPON DATE OF EXECUTION. Contract Description 2 PA IS ROUTING THROUGH THE NORMAL PROCESS. ETA TO CT'B: 12 i22.r22 Contract Type" AGREEMENT Amount" $0.00 Renewable YES Automatic Renewal Grant !GA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov.co m Department Head Email CM-HumanServices- DeptHeadtweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYIAWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda. Date * 12;28,2022 Due Date 12/2412022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Conk Effective Date Review Date. 10/27/2023 Renewal Date A 12/28/2023 ermination Notice Period Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 PIl Purchasing Approver A races Department Department Head JAMIE ULRICH OH Approved Date 12/19/2022 Final Approval 13OCC Approved 1 CC Signed Date 11OCC Agenda Date 01/04/2023 Originator APEGG Committed Delivery Date Finance Approver CHRIS D'©VIDIO Expiration Date Purchasing Approved Date Finance Approved Date 12/20,2022 Tyler Ref # AG 010423 Legal Counsel MATTHEW CONROY Legal Counsel Approved Date 12/20/2022 Hello