HomeMy WebLinkAbout20210633.tiffRESOLUTION
RE: APPROVE COOPERATIVE AGREEMENT FOR ADULT PROTECTIVE SERVICES AND
AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR 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 for Investigation of Reports Involving Possible Mistreatment of At -Risk Adults
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 Windsor 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 for
Investigation of Reports Involving Possible Mistreatment of At -Risk Adults 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 Windsor 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 3rd day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daltA) •Z40 tok.
Steve, oreno, hair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP' s ED
ttorney
Date of signature: 3 /i7
ames, Pr
erry L. B
Lori Saine
)em
2021-0633
HR0093
HS D
3/1(/21
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: February 23, 2021
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Weld Adult Protective Services Cooperative Agreements — Police
Departments, Weld County Sheriffs Office and Weld County District
Attorney, 19"' Judicial District
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 Weld Adult Protective Services Cooperative Agreements.
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. These agreements, entered into with 24
Weld County police departments, the Weld County Sheriff's Office and the Weld County District Attomey, 19th
Judicial District, clarify the coordinated duties and responsibilities of the agencies involved in reporting,
responding to, and investigating reports regarding the abuse, caretaker neglect and exploitation (mistreatment)
of at -risk adults. Agreements were issued in 2016 and are now due for reissue to ensure compliance with state
and federal law.
These agreements are non -financial and will commence upon the date of the first signature and will remain in
effect for no more than five (5) years.
LAW ENFORCEMENT AGENCY
1
Ault Police Department
2
Brighton Police Department
3
Colorado State Patrol
4
Dacono Police Department
5
Eaton Police Department
6
Erie Police Department
7
Evans Police Department
8
Firestone Police Department
9
Fort Lupton Police Department
10
Frederick Police Department
11
Garden City Police Department
12
Greeley Police Department
13
Hudson Police Department
14
Johnstown Police Department
15
Kersey Police Department
Pass -Around Memorandum; February 23, 2021 — CMS Various
O 31O 3
Page l
2021-0633
HRoO9 3
PRIVILEGED AND CONFIDENTIAL
16
La Salle 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 District Attorney, 19th Judicial District
25
Weld County Sheriffs Office
26
Windsor Police Department
I do not recommend a Work Session. I recommend approval of these Agreements and authorize the Chair to
sign.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
Pass -Around Memorandum; February 23, 2021 — CMS Various page 2
Adult Protective Services (APS) Cooperative Agreement
Between
The Weld County Department of Human Services
And
Windsor Police Department
I. SUBJECT
Weld County Adult Protective Services (APS) Cooperative Agreement for investigation of reports
involving possible mistreatment of at -risk adults.
11. 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 Weld County Adult Protective Services (APS) and 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 26-3.1-103(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.
1
Rev. 09/2020
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.
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) 346-7676. 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) 346-7676 or by Law Enforcement through the 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-APSScreening@co.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 (§26-3.1-
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 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.
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.
2
Rev. 09/2020
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 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 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.
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 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.
SIGNED BY:
rick klimek (Feb 18, 2021 09:51 MST)
Rick Klimek, Chief of Police
Windsor Police Department
ATTEST:
%• °ak.
COUNTY:
Feb 18, 2021
Date
BOARD OF COUNTY COMMISSIONERS
Weld you ty Clerk to the Bo • rd WELD COUNTY, COLORADO
Deputy Cle to th Boar
Rev. 09/2020
Steve Moreno, Chair
MAR 0 3 2021
4
oZ4�/--1>&133
SIGNATURE REQUESTED: Windsor/
Weld Adult Protective Services Cooperative
Agreement (Due by 02/28/21)
Final Audit Report
2021-02-18
Created: 2021-02-18
By: Tobi Cullins (cullinta@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAaeJMN7rtTjLxk_CrdAUaKCidQ5aEGQLo
"SIGNATURE REQUESTED: Windsor/Weld Adult Protective Ser
vices Cooperative Agreement (Due by 02/28/21)" History
n Document created by Tobi Cullins (cullinta@co.weld.co.us)
2021-02-18 - 4:46:41 PM GMT- IP address: 204.133.39.9
El+ Document emailed to rick klimek (rklimek@windsorgov.com) for signature
2021-02-18 - 4:48:16 PM GMT
,5 Email viewed by rick klimek (rklimek@windsorgov.com)
2021-02-18 - 4:50:54 PM GMT- IP address: 156.108.56.142
6e, Document e -signed by rick klimek (rklimek@windsorgov.com)
Signature Date: 2021-02-18 - 4:51:31 PM GMT - Time Source: server- IP address: 156.108.56.142
Q Agreement completed.
2021-02-18 - 4:51:31 PM GMT
Adobe Sign
Contract Form
Entity Information
Entity Name*
WINDSOR, TOWN OF
New Contract Request
Entity ID*
4.00002498
New Entity?
Contract Name* Contract ID
WINDSOR POLICE DEPARTMENT (ADULT PROTECTIVE 4483
SERVICES COOPERATIVE AGREEMENT)
Contract Status
CTB REVIEW
Contract Lead*
CULLINTA
Contract Lead Email
cull inta@co.weld.co. u s_ co bb
xxlk@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 INVOVLING POSSIBLE
MISTREATMENT OF AT -RISK ADULTS. TERM_ 02/18/21-02/17 r 26 (5 YEARS).
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 02?25,`'21.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
HUMAN SERVICES Date* 02:27;'2021
03x'03:2021
Department Email
CM -
Hu manService s�reldgov.co
m
Department Head Email
CM-HumanServices-
DeptHeadgueldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYg WELDG
OV,COM
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 MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Review Date*
12i1712025
Renewal [late
Termination Notice Period
Contact Information
Contact Info
Contact Name Contact Type
ing
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
02/22,2021
irtal Approval
BO1'CC Approved
BOICC Signed [sate
BOICC Agenda Date
03,I03J2021
Originator
C ULLI NTA
Committed Delivery Date
Finance Approver
CHRIS D`OV1DIO
Expiration naIP*
02/17=2026
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Legal Counsel
GAEE KALOUSEK
Finance Approved Date Legal Counsel Approved Date
02;2612021 02/26x'2021
Tyler Ref #
AG 030321
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