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Home My WebLink About20210728.tiffRESOLUTION RE: APPROVE INTERAGENCY AGREEMENT FOR ADULT PROTECTIVE SERVICES AND LONG-TERM CARE OMBUDSMAN PROGRAMS AND AUTHORIZE CHAIR TO SIGN 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 an Interagency Agreement for the Adult Protective Services and Long -Term Care Ombudsman Programs for the benefit of 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, Area Agency on Aging, 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 Interagency Agreement for the Adult Protective Services and Long -Term Care Ombudsman Programs for the benefit of 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, Area Agency on Aging, 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 10th day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrif4A) pi�,� Weld County Clerk to the Board ounty Attorney Date of signature: 3/%Zb2I 77/1-0-1 o_ Steve •reno, Chair Sc•tt' . mes, Pro -=m CC:1-ISD 3/25/21 2021-0728 H R0093 e invo- r PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: March 2, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Weld Adult Protective Services Interagency Agreement with the Weld County Long -Term Care Ombudsman Please review and indicate if you would tike a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Weld Adult Protective Services Interagency Agreement with the Weld County Long -Term Care Ombudsman. 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 Interagency Agreement clarifies the coordinated duties and responsibilities of the Department and the Long -Term Care Ombudsman when reporting, responding to, and investigating reports regarding the abuse, caretaker neglect and exploitation (mistreatment) of at -risk adults in the community and residents of long-term care facilities. An agreement was issued in 2017 and is now due for reissue to ensure compliance with state and federal law. This 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 Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Pass -Around Memorandum; March 2, 2021— CMS 4517 Page 1 2021-0728 RON 3 Interagency Agreement Between The Weld County Department of Human Services and The Weld County Long -Term Care Ombudsman PURPOSE To clarify the coordinated duties and responsibilities of the Adult Protective Services (APS) and Long - Term Care Ombudsman (LTCO) programs to report, respond to, and investigate reports of mistreatment of at -risk adults in the community and residents of long-term care facilities. BACKGROUND AND BASIS FOR THE AGREEMENT Colorado Revised Statute, Section 26-3.1-103 (2) states: "It is the general assembly's intent that, in each county of the state, law enforcement agencies, county departments of social services, and any other agencies responsible under federal law or the laws of this state to investigate mistreatment or self - neglect of at -risk adults develop and implement cooperative agreements to coordinate the investigative duties of the agencies and that the focus of such agreements 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." PRINCIPLES OF THE AGREEMENT In accordance with the above -cited statute, this agreement is made to ensure a 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 response. 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, confidentiality requirements, and statutes. It is understood that Adult Protective Services (APS) programs involved in this agreement shall accept reports of known or suspected mistreatment or self -neglect of at -risk adults without regard to the alleged victim's place of residence in the county. It is understood that LTCO programs shall only accept complaints of known or suspected mistreatment of residents in licensed long-term care facilities in the region. 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 at any time by mutual consent of APS and June 2020 1 the LTCO. Nothing in this Agreement shall substitute or represent a change in either agency's legally mandated responsibilities. APS and LTCO may seek the consultation of respective state programs in the development or revision of the Agreement. CONFIDENTIALITY Disclosure of APS program report and case information shall be permitted only when authorized by law or ordered by the court, as outlined in Section 26-3.1-102(7) C.R.S. APS staff is allowed to share limited information that is necessary for the purposes of improving the safety and protection of the victim with those service providers and responsible parties involved in the resolution of the case. When a question exists regarding confidentiality, APS staff shall consult with their APS supervisor, county director, county attorney, the state program manager, or designee. Disclosure of LTCO program information is only permitted with the consent of the resident or the resident's legal representative, which may restrict the ability to share information with APS staff without the resident's consent. When a question exists regarding confidentiality, LTCO staff shall consult with the Ombudsman Supervisor, AAA Division Head, or the State Ombudsman. DISPOSITIONS OF REPORTS Reports to the APS Program or investigative evidence indicating possible criminal activity must be referred to local law enforcement, as outlined in Section 26-3.1-102(3), C.R.S. Complaints to the LTCO Program or investigative evidence indicating possible criminal activity against a resident should be reported to law enforcement with the resident's consent. If the resident refuses to give consent to make a report to law enforcement, the LTCO will discuss the situation with the State Long Term Care Ombudsman and/or the Division Head of the Area Agency on Aging to determine if further action is needed. GUIDELINES FOR COORDINATED INVESTIGATIONS AND SERVICES Any of the agencies entering into this agreement may request stand-by assistance from another agency that is party to the agreement. When joint investigations are in the best interest of the resident, and when a LTCO program has the consent of the resident, the APS and LTCO programs may work together to coordinate the investigation by conducting joint interviews and clarifying relevant case information. If at any point during the investigation process the Long -Term Care resident withdraws their consent, the LTCO will immediately cease sharing information and will continue to investigate the resident's concerns independently. June 2020 2 SIGNED BY: �e'.‘ /1011:1 Kelly Mo ison (Feb 22, 202114:33 MST) Division Head Area Agency on Aging 9dG Jill Colavolpe (Feb 22, 202114:59 MST) Supervisor, Weld County Adult Protection Area Agency on Aging Raegan Maldonado Raegan Maldonado (Feb 25,2021 09:33 MST) Supervisor, Weld County Long -Term Care Ombudsman Area Agency on Aging Feb 22, 2021 Date Feb 22, 2021 Date Feb 25, 2021 Date l� L, COUNTY: ATTEST: {/..10/44) �i• JC /1-40 ti BOARD OF COUNTY COMMISSIONERS Weld you y Clerk to the Bo: rd WELD COUNTY, COLORADO By: Deputy Cle to t Boar�J / p '� Steve Moreno, Chair June 2020 MAR 1 0 2021 020os1- O 702--dJ 3 New Contract Request e* Entity ID* WELD COUNTY AREA AGENCY ON aO0006703 AGING * WELD COUNTY LONG-TERM CARE OMBUDSMAN (INTERAGENCY AGREEMENT) Contract Status CTB REVIEW ❑ New Entity? Contract ID 4517 Contract Lead* CULLINTA Contract Lead Email cullintaco.weld.co.us;cobb xxik_co.weld,co.us Parent Contract ID Requires Board Approval YES Department Project # tract option INTERAGENCY AGREEMENT TO CLARIFY THE COORDINATED DUTIES AND RESPONSIBLITIES OF THE ADULT PROTECTIVE SERVICES AND LONG-TERM CARE OMBUSMEAN PROGRAMS TO REPORT, RESPOND TO, AND INVESTIGAE REPORTS OF MISTREATMENT OF AT -RISK ADULTS. C.onntract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTS 03104/21, Contract Type AGREEMENT Amount* $0.O0 NO rim+ent HUMAN SERVICES Email CM - H umanSerwicesOweldgov.co m rnent Head Email CM -Human Services - De ptHeadgveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORN EY` WELDG OV.COM If this is a re rt °° ! enter evi s Contract ID If this is part of a MSA enter VISA Contract ID Requested BOCC Agenda Date* 03,/10!2021 Due Date 03/06/2021 Will a work session with BOCC be required?* NO uire Purchasing Dept. to be inducted? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Termination Notice Period Ol r3 !Elf(lrr#na lain Contact Name A►ppr€ vat Praises Department Head JAMIE ULRICH DH Approved Date 02/26/2021 [ 1 Apprsx C e 0/2021 Originator CULLINtTA Review Date" 12,/22/2025 Committed Delivery Date Contact Type Finance Approver BARB CONNOLLY Renewal Date Expiration Date* 02/22/2026 Contact Phone 2 Purchasing Approved Date Finance Approved Date 03/02'2021 Tyler Ref # AG 031021 Legal Counsel GABEKAL©USEK Legal Counsel Approved Date 03/03/2021 Hello