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Home My WebLink About20192320.tiffRESOLUTION RE: APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO STATE PATROL (CSP) 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 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 Colorado State Patrol (CSP), 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 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 Colorado State Patrol (CSP) 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 19th day of June, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:ditif •� Weld County Clerk to the Board BY Deputy Clerk to the Board APPRO AS tt. rney Date of signature: OW O7 (9 Barbara Kirkmeyer, C air Mike Freeman, Pro-Tem Steve Moreno c.c... 1 -HS') -iq 2019-2320 H R0090 o77' 6 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: June 4, 2019 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Cooperative Agreement with Colorado State Patrol 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 Departments' Cooperative Agreement with the Colorado State Patrol. On May 8, 2019, Colorado Department of Human Services, Office of Children, Youth and Families, Division of Child Welfare, issued OM-CW-2019-0014, which outlined the steps for the completion of a cooperative agreement with Colorado State Patrol (CSP). This cooperative agreement brings the State into compliance with Colorado Revised Statutes 19-3- 305 (5.50) and enhances cooperation and coordinated efforts between agencies to protect children and families involved in child abuse and neglect investigations. I do not recommend a Work Session. I recommend approval of this agreement and authorize the Chair to sign. Sean P. Conway Mike Freeman, Pro-Tem Scott James Barbara Kirkmeyer, Chair Steve Moreno Approve Recommendation Work Session Schedule lermit Lbw Other/Comments: 2019-2320 Pass -Around Memorandum; June 4, 2019 — CMS 2760 Page 1 aria For From: Sent: Cc: Subject: Steve Moreno Tuesday, June 11, 2019 3:31 PM Scott James Karla Ford Re: PA for Routing - Cooperative Agreement with Colorado State Patrol (ID 2760) Approve Sent from my iPhone On Jun 11, 2019, at 4:54 PM, Scott James <jj pes@we1cJ ov.com>wrote: Approve ** Sent from my iPhone ** Scott K. James Weld County Commissioner, District 2 1150 1. , ... Street, P.� Box 758 Greeley, eele, Colorado 80632 970.336.7204 (office) 970A1Mf7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited On Jun J.J., 2019, at 3:10 PM, Karla Ford <kfordl: ` wel v cc > wrote: Please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336-7204 :: kford@weldapv.com :: w � ld v1. -coy :: My working hours are Monday -Thursday 7:00a.m.D4o00 p.n. Friday 7: 00a.m. a Noon <image003.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 COOPERATIVE AGREEMENT BETWEEN WELD COUNTY DEPARTMENT OF HUMAN/ SOCIAL SERVICES AND COLORADO STATE PATROL This agreement is entered into, by and between the Weld County Department of Human/Social Services, hereinafter "Human/Social Services", and the Colorado State Patrol, hereinafter "Law Enforcement". WITNESSETH WHEREAS, Colorado law encourages cooperation between local departments of Human/Social Services and Colorado State Patrol; and WHEREAS, from time to time, Weld County Human/Social Services and Colorado State Patrol have the responsibility to investigate allegations of child abuse and neglect; and WHEREAS, the parties hereto desire to memorialize their cooperative arrangement; and WHEREAS, by custom, Human/Social Services has taken the prime responsibility to investigate child abuse and neglect cases, and the parties affirmatively state that this Agreement is not intended to change this custom; and WHEREAS, while each of the undersigned professionals and agencies have specific responsibilities in the treatment, protection, and investigation of children, it is acknowledged that the multidisciplinary team approach on matters of child abuse and neglect is a more positive approach to the ultimate resolution of the problems related to these most difficult situations; and WHEREAS, the purpose of this agreement is to enhance the ability of agencies, organizations, and individuals to implement coordinated efforts in dealing with children and families involved in child abuse and neglect, NOW THEREFORE, the parties agree as follows: I. PROTOCOL FOR COOPERATION The following protocol shall apply for cooperation between Human/Social Services and local Law Enforcement. A. Child abuse reporting laws allow reports to both Law Enforcement and Human/Social Services. This makes cooperation essential to assure prompt action, protection for the child and the responses required by law. The decision regarding who investigates a suspected child abuse/neglect case shall be made jointly by the referring agency and the receiving agency. Joint investigation may also be requested by the receiving agency is there is a determination of that need. 020/9- o?302-0 2 B. Department of Human/Social Services has an assigned worker on -call twenty-four hours per day, seven days per week. Any referrals should be made to a caseworker or the director during regular working hours or the staff person on -call after hours. An on -call schedule shall be provided to Law Enforcement on a monthly basis. All referrals from Human/ Social Services will be made to the officer on duty. C. Cases of minor and medium physical abuse/neglect will not require immediate referral to Law Enforcement by the staff of Human/ Social Services. All cases of a more severe nature require immediate contact with Law Enforcement depending on jurisdiction. D. Third -party abuse or neglect cases investigated by Law Enforcement as provided in Section 19-3-308(5.3)(a) shall not require immediate notification to Human/Social Services. In such cases, Law Enforcement shall submit a copy of its investigative report to Human/Social Services in order that Human/Social Services may submit a report to the states automated system if the case is substantiated, and may order to have the local Child Protection Team review the case. E. All reports of confirmed child abuse/neglect shall be forwarded by the County Department to the District Attorney's office and the Law Enforcement agency. F. In joint investigations, as a general rule, Human/Social Services will take the lead in interviewing the victim; and Law Enforcement will take the lead in interviewing the alleged perpetrator. Joint interviews shall be preceded by a planning session to outline the conduct of the interview prior to the investigation. However, some investigations will proceed according to a standard plan of actions, while others will require a unique approach. Upon completion of the joint investigation: 1. Law Enforcement continues criminal investigation without the involvement of Human/Social Services. This shall include the submission of the information to the District Attorney for disposition. 2. Human/Social Services shall be responsible for determining what measures are necessary for the protection of the children, which may include, but not necessarily be limited to the removal of the child (ren) from the home, the filing of a Petition for Dependency and Neglect, and appropriate notification to the Court ifremoval has occurred. 3 3. Appropriate sharing of reports must occur. Law Enforcement shall provide Human/Social Services with copies of incident reports when requested. II. CRITERIA FOR IDENTIFICATION OF SUSPECTED ABUSE This section is intended to ensure that all parties are using the same language and criteria for identification of suspected abuse and neglect cases. ABUSE • Minor - Excessive or inappropriate force used resulting in a superficial injury. • Medium - Excessive or inappropriate force used resulting in an injury which may require medical attention. • Severe- Excessive or inappropriate force used resulting in a serious injury which requires medical attention and/or hospitalization. • Near fatal - Involves an incident in which a physician determines that a child is in serious, critical, or life -threatening condition as the result of sickness or injury caused by suspected abuse and/or neglect. Fatal - Physical or emotional needs of child are not met resulting in death. NEGLECT Minor - Physical or emotional needs of child are marginally or inconsistently met, but little or no impact on the child's functioning. Medium - Physical or emotional needs of child are inadequately met resulting in some impairment in the child's functioning. Severe - Physical or emotional needs of child are not met resulting in serious injury orillness. Near fatal - Physical or emotional needs of the child are not met in an incident in which a physician determines that a child is in serious, critical, or life -threatening condition as the result of sickness or injury caused by suspected abuse and/or neglect. Fatal - Physical or emotional needs of child are not met resulting in death. SEXUAL ABUSE Severity of sexual abuse should be determined based upon the type of contact, duration of contact, and the emotional impact upon the child. III. RESPONSIBILITY FOR INVESTIGATION A. The following are applicable cases, or types of cases, where it is expected that the sole investigation will be conducted by Human/Social Services (Law Enforcement may be called at any time there may be a safety risk to any worker): l . Minor physical abuse 2. Substance exposed newborn 3. Organic Failure toThrive 4. Medical neglect (including failure to provide medically indicated treatment to disabled infants with life threatening conditions and drug affected babies). 4 5. Sexual abuse when perpetrator under age 10. Exception, if there is indication that the under age 10 perpetrator is the victim of someone over 10. 6. Educational neglect. In truancy cases, after charges have been filed by the school district. 7. Emotional abuse. 8. Medium neglect, lack of supervision. 9. Physical or sexual abuse in a daycare home or center, foster home, group home or institution. (Another county department may need to investigate to avoid a conflict of interest). B. The following are examples of cases where it is expected that the sole investigation will be conducted by Law Enforcement (Human/Social Services may be called when determined by both parties to be in the best interest of the safety of the child). 1. Third -party physical abuse. 2. Third party sexual abuse, when the alleged perpetrator is over 10 and it can be determined that the actor is not an abused child. 3. Report of immediate danger to a child when proximity and speed of Law Enforcement response is needed, when Child Protective Services are not available, and risk to the child indicates immediate evaluation is needed (e.g., welfare check). C. The following cases shall be jointly investigated by Human/Social Services and Law Enforcement when abuse or neglect is suspected: 1. Death of a child. 2. Medium to severe physical abuse or risk of this. Joint investigation by Human/Social Services and Law Enforcement is recommended to evaluate the need for immediate medical evaluation, protective custody of the child and appropriate civil and criminal action. 3. All head trauma injuries (i.e., subdural hematoma). 4. All injuries involving ruptured organs, unjustifiably explained abdominal injuries or any injury consistent with abuse. (The history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence). 5. All fractures which are unjustifiably explained, or multiple fractures or in various stages of healing. (The history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence). 6. All second or third degree burns, including cigarette burns or other burns consistent with abuse (such as immersion burns). 7. All lacerations to the face, external genitalia or extremities which are unjustifiably explained. (The history given concerning such condition is at variance with the degree or type of such condition or death; or the 5 Circumstances indicate that such condition may not be the product of an accidental occurrence). 8. All lesions on different parts of the body. 9. Intra familial and third -party sexual abuse. 10. Injurious Environment. (May require Code Enforcement). 1 1 . Sexual abuse when the alleged perpetrator may be a child victim, or the actor may have his/her own children under the age of 18, or any other child may be at risk. 12. When a suspected perpetrator who is a parent, custodian, guardian or a child may flee. 13. When a parent, custodian, or guardian of a child refuses access to the child (ren) by Human/Social Services or Law Enforcement, or refuses medical examination of the child (ren). It is recognized that it may be necessary for Human/ Social Services to obtain a Court Order for access to said child (ren). 14. Conditions suggesting suspicion that a law has been broken. 15. Any case in which a child is subjected to human trafficking of a minor for sexual servitude. VI. GENERAL PROVISIONS OF COOPERATIVE AGREEMENT A. The intent of this Agreement is to clarify and enhance cooperation between agencies to protect children. It is recognized there may be differing opinions regarding some case decisions. In those cases, referral to supervisory levels would be appropriate. Child Protection Teams also may be used for consultation, feedback, and direction regarding cases which have become problematic between agencies. The District Attorney may provide guidance as well. In extreme circumstances, the Court may be requested to intervene to resolve issues related to the legal responsibilityof each agency. B. Because agencies and communities are changing entities, annual review for modification or evaluation is accepted as a part of this cooperative agreement. The parties shall set a mutually convenient annual meeting to review and discuss issues directly related to the fulfillment of this Agreement. C. Copies of relevant portions of Colorado Revised Statutes are attached hereto for reference. 6 THE UNDERSIGNED INDIVIDUALS REPRESENTING THEIR RESPECTIVE AGENCIES HAVE READ THIS DOCUMENT AND AGREE TO IMPLEMENT THE PROCEDURES AS OUTLINED. X -1iJg14qm CDHS Respresentative Please Print Sign & Date X Chief of Colorado State Patrol Matthew C. Packard Please Print. Sign & Date JUN 19 2019 Co nty Human/Social Service Reprelentative Please Print. Sign & Date Barbara Kirkmeyer, Chair Board of Weld County Commissioners bl1 oZ0l9-d3,zo Hello