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Home My WebLink About20210847.tiffRESOLUTION RE: APPROVE COOPERATIVE AGREEMENT FOR ADULT PROTECTIVE SERVICES AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD 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 Mead 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 Mead 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 24th day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d, f„tJ Weld County Clerk to the Board Steve ► oreno, Chair S K. = mes, Pr BY: V ,_ Deputy Clerk to the Board APPR V D AS County A torney Date of signature: 4/01/11 erry L. uck ike Freeman Lori Saine cc: KSD O4/O1/2-1 2021-0847 HR0093 CA(1-1-Oc4- ID 4 610 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, 19th 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 fast 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 Page 1 2021-0847 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 Sheriff's 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 Mead Police Department I. SUBJECT Weld County Adult Protective Services (APS) Cooperative Agreement for investigation of reports involving possible mistreatment of at -risk adults. II. 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 condo 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: a.,....,t,A,44 Brent Newbanks, Chief of Police Mead Police Department Mar 11, 2021 Date �iCOUNTY: ATTEST: dirAtiV �• sid404 BOARD OF COUNTY COMMISSIONERS Weld Clerk to the Boa d WELD COUNTY, COLORADO By: Deputy Cler! othe Boar Rev. 09/2020 Yr ve Moreno, Chair MAR 2 4 2021 4 ow- - / - off (717 Contract Form * TOWN OF Entity ID* P00O02444 Contract Name * Contract ID MEAD POLICE DEPARTMENT (ADULT PROTECTIVE SERVICES 4566 COOPERATIVE AGREEMENT) Contract Status CTB REVIEW Contract Le: CULLINTA Contract Lead Email cullintaci'co.weld.co.usecobb xxlkPcomeld.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, 03/11 /21-03110%26 (5 YEARS). Contract Description 2 PA PREVIOULSY APPROVED (DATED 02,!23,'21). Contract Type* AGREEMENT Amount* $ 0.00 Renewable* NO Automatic Renewal Department HUMAN SERVICES Department Email CM- HumanServices@weldgov.co m Department Head Email CM-HumanServices- DeptHeadgLweld'gov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYOWELDG OV.COM Requested BOCC Agenda Date* 03131/2021 Due Date 03127/2021 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 WA enter MIS4 Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Review Date* 01 1 1 ,,'2026 Renewal Date Termination Notice Period ConaaC Ir1ft>lrmatit:n UintaCt ICYfc1� Contact Name Purchasing Purchasing Approver Approval Pr Department Head JAMIE ULRICH DH Approved Date 03/17,2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/24/2021 Originator C U LLI N1 -A minted Delivery Date Contact Type Finance Approver CHRIS d'OV1DIO Expiration rata* 03110/2026 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Fnance Approved Date 03/17/2021 Tyler Ref # AG 03241 Legal Counsel GABEKAL©USEK Legal Counsel Approved Date 03,/2212021 Hello