HomeMy WebLinkAbout20223119.tiffRESOLUTION
RE: APPROVE COOPERATIVE AGREEMENT FOR ADULT PROTECTIVE SERVICES AND
AUTHORIZE CHAIR TO SIGN - TOWN OF 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 Cooperative Agreement for Adult
Protective Services 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
Town of Keenesburg Police Department, commencing upon full execution of signatures, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Cooperative Agreement for Adult Protective Services 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 Town of 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dde,A4,0 ;4.
Weld County Clerk to the Board
County At •rney
Date of signature: 1(/16/22
cbtt K. James, Chair
Lori Saine
cc: HSD
1x/21/22,
2022-3119
HR0094
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: October 25, 2022
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Weld Adult Protective Services Cooperative Agreement
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 Weld Adult Protective Services Cooperative Agreement
with the Town of Keenesburg on behalf of the Keenesburg Police Department. Per
Colorado Revised Statutes Section 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
agencies responsible under federal and/or state law to investigate mistreatment of at -risk adults.
This Agreement clarifies the coordinated duties and responsibilities of the Keenesburg Police
Department when involved in reporting, responding to, and investigating reports regarding the
abuse, caretaker neglect and exploitation (mistreatment) of at -risk adults.
The Agreement is non -financial and will commence upon the date of the first signature and will
remain in effect for no more than five (5) years.
I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to
sign.
Approve
Recommendation
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
Schedule
Work Session
Other/Comments:
Pass -Around Memorandum; October 25, 2022 — CMS ID 6408
11/09
Page 1
2022-3119
I—IROOct9
Adult Protective Services (APS) Cooperative Agreement
Between
The Weld County Department of Human Services
And
Town of Keenesburg, on behalf of the Keenesburg Police Department
I. SUBJECT: Weld County Adult Protective Services (APS) Cooperative Agreement for investigation of
reports involving possible mistreatment of at -risk adults.
I1. 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 first signature and will
be in effect for no more than five (5) years. Changes in the Agreement may be made in writing at
any time by mutual consent of the County Department (herein referred to as APS) and the Town of
Keenesburg, on behalf of the Keenesburg Police Department (herein referred to as the Law
Enforcement Agency (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 25-3.1-103(2), 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.
Rev. 09/2020
as -5//9
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.
Reports made during non -business hours are received by the Hotline County Connection Center
(HCCC) at (970) 400-6700 or by Law Enforcement through Weld County Dispatch Center. The agency
receiving reports during non -business hours should fax (970-346-7698) or email the reports to APS
within 24 hours at(HS-APSScreeningPco.weld.co.us).
VII. DISPOSITION OF REPORTS
A copy of all reports of mistreatment made to APS shall be forwarded to the law enforcement
agency with jurisdiction within twenty-four hours of receipt of the report. Per statute (826-3.1-
102(3), 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 one business day 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 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, when APS is considering filing for legal authority of an at -risk adult.
The LEA is 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.
2
Rev. 09!2020
IX. INVESTIGATION PROCEDURE AND GUIDELINES
APS and the LEA 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 30. 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.
The LEA 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.
The LEA 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.
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.
3
Rev. 09/2020
X. CONFIDENTIALITY
APS report, 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.
SIGNED BY:
ATTEST:
By:
COUNTY:
ATTEST:
Weld C
By:
ddrit.01)
C erk of the Board
Deputy Clerk ; the B+ar
Rev. 09/2020
TOWN OF KEEI3ESBUR , COLORADO
or
enneth Gf,(Nl1er, M
BOARD OF COUNTY COMISSIONERS
WE 2 COUNTY, COLORADO
Scott K. James, Chair NOV 0 9 2023
4
o20�a - 3119
Contract Form
Contract Recities
Ent
Entity Name"
TOWN OF KEENESBURG
Entity ID*
@O0843349
❑ New Entity?
Contract Name" Contract ID
TOWN OF KEENESBURG ON BEHALF OF THE KEENESBURG 6408
POLICE DEPARTMENT (ADULT PROTECTIVE SERVICES
COOPERATIVE AGREEMENT)
Contract Status
CTB REVIEW
Contract Lead"
CO8BXXLK
Contract Lead Email
cobbxxlk@co.weld.co.us
Parent Contract ID
Requires Board Approval!
YES
Department Project #
Contract Description"
ADULT PROTECTIVE SERVICES (APS) COOPERATIVE AGREEMENT FOR THE INVESTIGATION OF REPORTS INVOLVING POSSIBLE.
MISTREATMENT OF AT -RISK ADULTS. TERM: 1 1 02 22-1 1 .01 127 (S YEARS).
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 10/27/22.
Contract Type"
AGREEMENT
Amount"
50.00
Renewable*
NO
Automatic Renewal
IGA
Department
HUMAN SERVICES
Department Email
CM -
H ureanSe rvice s@wel dgay.ca
Department Head Email
CM-HumanSersices-
DeptHead weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY@WELDG
OV.COlvl
Requested BOCC Agenda
Date
11/02/2022
Due Date
10/29/2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a NSA enter NSA Contract ID
Note: the Previous, Contract Number and Master Services Agreement Number should be left blankif those contracts are not in
OnBase
ct Dates ''.
Effective Date
Review Date*
09/01/2027
Renewal Date
Termination Notice Period
Purragieg
�
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
OH Approved Date
10/19/2022
Final Appro
130CC Approved
110CC SignedDate
8OCC Agenda, Date
1 109/'2022
Originator
COBBXXLK
Committed Delivery Date
Finance Approver
CHERYL PATTELLI
Expiration Date
11/01/2027
Contact Phone 1
Purchasing Approved Date
Finance Approved Date.
10/20112022
Tyler Ref #
AG 110922
Legal Counsel
BRUCE BARKER
Contact Phone 2
Legal Counsel Approved Date
10/21/2022
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