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Home My WebLink About20210643.tiffRESOLUTION RE: APPROVE COOPERATIVE AGREEMENT FOR ADULT PROTECTIVE SERVICES AND AUTHORIZE CHAIR TO SIGN - ENVISION 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 Allegations of Mistreatment, Exploitation or Self -Neglect Involving At -Risk Adults with Intellectual and Developmental Disabilities (IDD) 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 Envision, 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 Allegations of Mistreatment, Exploitation or Self -Neglect Involving At -Risk Adults with Intellectual and Developmental Disabilities (IDD) 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 Envision, 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: ditAgA) �,• .aCL+o Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS T r 1� ounty Attorney Date of signature: Steve I� S mes, Pro-Tem y L. Bu Lori Sain 2021-0643 H R0093 cc;H5.D 3/(cia I PRIVILEGED AND CONFIDENTIAL COn+r-ot.c+ MEMORANDUM DATE: February 23, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services =D #9997 RE: Weld Adult Protective Services Cooperative Agreement with Envision, Creative Support for People with Developmental Disabilities 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 Agreement with Envision, Creative Support for People with Developmental Disabilities. 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 attomey'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 Department and Envision, Creative Support for People with Developmental Disabilities, when reporting, responding to, and investigating reports regarding the abuse, caretaker neglect and exploitation (mistreatment) of at -risk adults with intellectual and developmental disabilities. An agreement was issued in 2016 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 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 4497 O3/O3 Page 1 2021-0643 HR0o93 COOPERATIVE AGREEMENT Between Weld County Department of Human Services and Envision, Creative Support for People with Developmental Disabilities for Investigation of Allegations of Mistreatment or Self -neglect Involving At -risk Adults with Intellectual and Developmental Disabilities (IDD) PURPOSE To clarify the coordinated duties and responsibilities of the Weld County Department of Human Services Adult Protective Services program (APS) and Envision Creative Support for People with Developmental Disabilities (Envision) involved in reporting, responding, and investigating reports regarding the mistreatment, exploitation and self -neglect of at -risk adults with intellectual or developmental disabilities. 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 Envision. Nothing in this Agreement shall substitute or represent a change in either agency's legally mandated responsibilities. APS and Envision may seek the consultation of respective state programs in the development or revision of the Agreement. PRINCIPALS OF THE AGREEMENT This agreement is made to ensure a coordinated response to reports of mistreatment and self -neglect, 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, and statutes. It is understood that APS shall accept reports of known or suspected mistreatment or self -neglect of at - risk adults. Reports made to APS must be shared with local law enforcement, as outlined in Section 26- 3.1-102, C.R.S. It is understood that Envision is responsible for reporting possible abuse, caretaker neglect, and exploitation to law enforcement, as outlined in Section 18-6.5-108, C.R.S. It is further understood that Envision is urged to report possible self -neglect to Adult Protective Services, as outlined in Section 26- 3.1-102, C.R.S. It is understood that APS will be the lead investigative agency for reports of suspected mistreatment and self -neglect of at -risk adults, which meet APS criteria for intervention pursuant to Title 26, Article 3.1, Rev. 09/2020 C.R.S., and that Envision will be the lead investigative agency for incidents that do not meet criteria for APS intervention. RESPONDING TO REPORTS OF MISTREATMENT Envision shall determine if the initial report will be made to APS (harmful act, self -neglect), law enforcement (abuse, caretaker neglect, exploitation) or will be addressed by its internal review process (incidents). In situations where immediate action is necessary, the identifying agency shall take immediate action to protect the at -risk adult, and will notify the other agency of actions taken, no later than the end of the next business day. If the mistreatment happens outside a Community Center Board (CCB) service program, for example, while the adult is visiting a relative's home and the person has returned to the service program when the mistreatment is discovered, Envision will report or will assist the person in reporting the mistreatment, as outlined above. APS will investigate alleged mistreatment and self -neglect. Envision may be asked to coordinate with APS to conduct a joint investigation. JOINT INVESTIGATION PROCEDURE AND GUIDELINES While APS will be the lead investigative agency for concerns of mistreatment or self -neglect, some reports may need to be jointly investigated. APS may request assistance from Envision in the investigation and assessment of the at -risk adult's safety and well-being. APS shall take into consideration any potential conflicts of interest Envision may have in contributing to a joint investigation if Envision is also the provider agency for the adult. The coordination between Envision and APS in conducting investigations will assist each agency in ensuring the safety of the at -risk adult in the most expedient manner possible. All investigations conducted by APS, whether an independent or joint investigation with Envision, shall not interfere with, and shall cooperate with any investigation conducted by law enforcement. Envision may request assistance from APS in investigating incidents if upon internal review of the incident Envision has concerns that the incident may actually be mistreatment or there is a continuing pattern of incidents that are concerning. APS may request assistance from Envision with obtaining records from a provider agency. APS may request assistance from Envision with communicating and/or interviewing the adult. INFORMATION SHARING The sharing of information between the CCB and APS will assist each agency in understanding details about the case that will enable a more efficient approach to improving the safety of the client and provision of services. Rev. 09/2020 Statutory guidelines regarding confidentiality for respective programs will be followed. A written release of information will be obtained from the client or the client's guardian when required by mandate or agency policy. CONFIDENTIALITY Disclosure of APS program and case information shall be permitted only when authorized by law or ordered by the court, as outlined in §26-3.1-102(7) and 12 CCR 2518-1, Section 30.250. Disclosure of APS report and case information may be shared with an employer required to request a CAPS check pursuant to §26-3.1-111, C.R.S. or with the State Department that oversees the employer when necessary to ensure the safety of other at -risk adults under the care of the employer. APS 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. Each agency shall maintain the confidentiality of the information exchanged pursuant to such joint investigations as required by 12 CCR 2518-1, Section 30.250 and 10 CCR 2505-10, Section 8.606.2. HIPAA: (Health Insurance Portability and Accountability Act) was not intended to hinder the investigations of agencies authorized by law to receive reports of abuse, neglect, or domestic violence. Any release of health information will meet requirements set forth by Section 164.512(c) (1) (i) & (iii) of the HIPAA Privacy Rule. This section, entitled "Permitted Disclosures," states that a covered entity may disclose protected health information about an adult that the covered entity reasonably believes to be a victim of abuse, neglect, or domestic violence to a government authority, including a social services or protective services agency, authorized by law to receive reports of such abuse, neglect or domestic violence to the extent the disclosure is required by law, because it is believed that the disclosure is necessary to prevent serious harm to the adult. SIGNED BY: Celeste Ewart, Executive Director Envision, Creative Support for People with Developmental Disabilities ATTEST: „..WCe• ;tie. Wel• o ty Clerk to the : •ard WELD COUNTY, COLORADO COUNTY: Feb 18, 2021 Date BOARD OF COUNTY COMMISSIONERS B Rev. 09/2020 Steve Moreno, Chair MAR Q 3 2021 SIGNATURE REQUESTED: Envision/Weld Adult Protectivice 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: CBJCHBCAABAAkyMiR1sMJ3nJkh3sgaQeYHEW6t_vo13K "SIGNATURE REQUESTED: Envision/Weld Adult Protectivice S ervices Cooperative Agreement (Due by 02/28/21)" History ,5 Document created by Tobi Cullins (cullinta@co.weld.co.us) 2021-02-18 - 5:10:19 PM GMT- IP address: 204.133.39.9 E74. Document emailed to Celeste Ewert (cewert@envisionco.org) for signature 2021-02-18 - 5:10:50 PM GMT t Email viewed by Celeste Ewert (cewert@envisionco.org) 2021-02-18 - 5:24:30 PM GMT- IP address: 73.229.45.196 r!So Document e -signed by Celeste Ewert (cewert@envisionco.org) Signature Date: 2021-02-18 - 9:42:16 PM GMT - Time Source: server- IP address: 73.229.45.196 Q Agreement completed. 2021-02-18 - 9:42:16 PM GMT Adobe Sign Contract Form Entity Name ENVISION Contract Name* ENVISION (ADULT Contract Status CTB REVIEW New Contract Request Entity ID* 4,00002342 ❑ New Entity? Contract ID 4497 Contract Lead* CULLINTA Contract Lead Email cullintagIco.weld.co.us;cobb xxlk4co.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: 02i 18/21-02/17;26 (5 YEARS). Contract Description 2 PA ROUTED THROUGH NORMAL AP'P'ROVAL PROCESS. ETA TO CTB 02/25/21. Contract Type AGREEMENT Amount* S0.00 Renewable* NO omatic Renewal IGA Department HUMAN SERVICES Department Email CM- HumanServicesgweldgov.co m Department Head Email CM-HumanServices- DeptNeadgweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYPWELDG OV,COM Requested BOCC Agenda Date* 0310312021 Due Date 02'27/2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing t. to tae included? If this is a renewal enter previous Contract ID if this is part of a MSA enter MA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On&ase ContractDates Effective Date Review Date* 1 2, 1 7,`2025 Renewal Date Termination Notice Period Contact Information Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 02:22,2021 final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03;03/2021 Originator CU LLI NTA Contact Type Committed Delivery Date. Contact Email Finance Approver CHRIS D'©VIDI© Expi ration ilatp * 02/17,/2026 Contact Phone i Contact Phone 2 Purchasing Approved Date Finance Approved Date 02/22;2021 Tyler Ref if AG 030321 Legal Counsel GABE KALOUSEK Legal Counsel Approved Date 02,`22:;2021 Hello