HomeMy WebLinkAbout20191571.tiff''&? 51?
MEMORANDUM OF UNDERSTANDING
WHEREAS, the following Memorandum of Understanding (Agreement) outlines the Agreement between
the University of Northern Colorado Police Department (hereinafter referred to as the Agency) and the Weld County
Department of Human Services regarding protocols for cooperation on child welfare notification and investigation
requirements.
WHEREAS, the protocols described in this Agreement provide for the cooperation and notification
between the organizations of reports of child abuse and neglect and child maltreatment deaths.
WHEREAS, these protocols provide for the distribution of the Notice of Rights and Remedies, as required
by C.R.S. §19-3-212.
WHEREAS, these protocols provide for joint and independent investigation procedures.
WHEREAS, each organization to this Agreement is independent and capable of complying with the
requirements described in this Agreement. The organizations to this Agreement also understand that by combining
their leadership, skills, talent, and legal authority, such notifications and investigations may be completed in a much
more efficient and effective manner.
WHEREAS, this Agreement allows the organizations to comply with law as set forth in Title 19 of the
Children's Code, including but not limited to, 19-1-307, 19-3-308, and 19-3-401.
NOW THEREFORE, the undersigned organizations and in good faith are resolved to execute this
Memorandum of Understanding and enter into an Agreement as follows:
1. NOTIFICATIONS
a. The Department of Human Services will notify the Agency:
1_ In all cases in which it is the opinion of The Department of Human Services'
caseworkers that assistance of the local law enforcement agency is necessary for the
protection of the child or other children under the same care, pursuant to 19-3-
308(4)(b).
2. If the Department of Human Services reasonably believes that an incident of abuse
or neglect has occurred, so that the local law enforcement agency may investigate to
determine if a violation of any criminal child abuse law has occurred.
3. When there is indication for a joint investigation_
b. Agency officials shall report all known or suspected incidents of child abuse or neglect to
the Department of Human Services, as required by 19-3-308(5), even if there is no
probable cause that a crime of child abuse has been committed. Agency will notify the
Department of Human Services:
1. Of all reports of child abuse and neglect within twenty-four hours of the Agency
receiving the information. Written reports shall be provided to the Department of
Human Services as soon as possible, pursuant to 19-3-308(5);
2. Immediately if a joint investigation is required and /or if it seems likely that a child
may need protective custody.
2. PROTECTIVE CUSTODY
a. Pursuant to C.R.S. Section 19-3-401, law enforcement officers are the only parties,
outside of the courts, who have statutory power to place a protective hold on a child. The
law enforcement officer should consult with the Department of Human Services
caseworker when practical prior to placing a child in protective custody, except in
emergency circumstances. After removal, the officer shall contact the Department of
Human Services for placement.
2019-1571
1
Ort.,64.4te- 640)
A20090
b. Once a law enforcement officer has placed a child in protective custody, the Department
of Human Services will place the child in either foster care, group home, residential
facility, relative placement, or in some cases back with the parent or caregiver with a
safety plan put into place.
e. If the law enforcement officer decides not to place a hold and the Department of Human
Services' caseworker believes there is a danger to the child's life or health in the
reasonably foreseeable future, the caseworker can seek a court order for temporary
custody pursuant to 19-3-405. If such an order is granted, a law enforcement officer shall
assist in enforcing the court order, when the order specifically authorizes or requires law
enforcement to do so.
d_ When the Agency takes a child into protective custody, or when the court orders the
Department of Human Services to take temporary custody of the child pursuant to 19-3-
405, the officer or the caseworker shall deliver the NOTICE OF RIGHTS AND
REMEDIES FOR FAMILIES to the parent or guardian. If both the Department of
Human Services and Agency are involved, the officer and the caseworker shall document
that this notice has been provided to the parents_
e. Strong consideration should be given to placing a protective hold on other children in the
environment in cases of child death serious physical abuse/neglect, or sexual abuse_ The
law enforcement officer should discuss the necessity for a protective hold on other
children with the Department of Human Services caseworker.
f. There are certain cases such as domestic violence, drug violations, alcohol violations,
detoxification holds, where child abuse/neglect issues are present. These child abuse or
neglect issues should be identified and reported to the Department of Human Services for
investigation_ Even though the incident was not reported as child abuse/neglect,
consideration should be given to protective hold(s) in appropriate cases.
g•
When law enforcement determines it is necessary to place a child into protective custody,
but there is a relative the child could possibly be placed with, the law enforcement officer
will consult with the Department of Human Services first to determine the
appropriateness of that relative for placement.
3. JOINT INVESTIGATION
a_ Standards: An effective response to child protection requires a cooperative, coordinated,
interactive approach among many agencies in the community. Cases for Joint
Investigation by the Agency and the Department of Human Services include:
1. Any death of a child;
2_ Any unexplained unresponsive child;
3. Intrafamilial sexual abuse;
4. Physical abuse where there are moderate to severe injuries;
5. Severe neglect;
6. At the request of the Agency, any third -party abuse or neglect where the protection
and safety of the child is at risk;
7. At the request of Human Services, situations where there are arrests and/or safety
issues;
8. If the parent refuses access to the child for investigation and/or medical assessment;
9. Upon request by either agency;
10. Institutional Abuse if it is in a category that would otherwise require a joint
investigation;
11. Court order to investigate a case.
2
b. Procedures:
1. The agency receiving the report will notify the other agency that a joint investigation
is indicated.
2. Each agency shall check its agency's records for previous contacts with the family
and suspected perpetrator. This includes a check of Trails by the Department of
Human Services and NCIC/CCIC/CBI Suspect File by the Agency.
3. The Department of Human Services caseworker and the Agency officer who will be
conducting the investigation must communicate to share information and coordinate
the investigation. This coordination shall include:
a. Where interviews are to be conducted, if not at Life Stories Child and
Family Advocacy Center (NOTE: Life Stories Child and Family Advocacy
Center serves all sexual abuse cases, severe physical abuse cases, child
witnesses of domestic violence, and those cases likely to lead to
prosecution);
b. The order of interviewing victims, parents, siblings, relatives, teachers,
therapists, suspects, and any other witnesses;
c. Who will take the lead in interviewing each person;
d. Who will video and/or audio tape the interview;
e. What interviewing aids are appropriate (such as anatomical drawings, etc.);
f Determining which collateral sources need to be contacted;
g. In cases of children with special needs, (i.e., hearing impaired, visually
impaired, developmentally impaired, mentally impaired, non-English
speaking), seeking an appropriate person to assist in the interview.
h. Determining whether a medical and/or psychological evaluation needs to be
obtained and if so, seek an appropriate person for the evaluation.
4. The Agency will gather and preserve evidence. This includes:
a. Collecting accurate and detailed documentation of observations;
b. Taking photographs;
c. Preserving all relevant physical evidence such as the instrument that
inflicted the injury, rape kit, blood and hair samples from the suspect, etc.
5. The Agency, when investigating a report of a known or suspected incident of child
abuse or neglect shall be given access to child abuse records and reports pursuant to
Sections 19-1-307(2)(a) and 19-3-308(5), C.R.S.
6. If there is any suspected criminal activity, the caseworker shall communicate and
cooperate regarding the investigation as set forth above. However, the caseworker
must ensure that Volume 7 rules and State statutes regarding the caseworker's
contact with the child, the parents, the person responsible for the abuse or neglect,
and any collateral sources, are interviewed within the designated time frames_
4_ CHILD FATALITIES, NEAR FATALITIES, EGREGIOUS ABUSE/NEGLECT
a. The death, near death, or egregious abuse/neglect of a child may involve a multi-
disciplinary response of professionals which include the Coroner, medical personnel, the
District Attorney, the Agency and other Law Enforcement officials, the Department of
Human Services along with other child abuse experts. The most critical aspect of any
child death, near death, or egregious abuse/neglect investigation lies with the timely
notification of all appropriate entities and the continued investigative coordination
amongst those agencies. It is critical for each entity to have established guidelines for
responding to, investigating and documenting the various types of child deaths, near
deaths, or egregious abuse/neglect.
b. Circumstances Warranting Interagency Investigation:
1. There is reason to know or suspect that abuse/or neglect caused or contributed to the
child's death, near death, or egregious abuse/neglect.
3
2. The unresponsive child or death, near death, or egregious abuse/neglect is not
explained, or cause of death is unknown at the time of the child's death, near death,
or egregious abuse/neglect.
3. The history given about the child's death, near death, or egregious abuse/neglect is at
variance with the degree or type of injury and subsequent death, near death, or
egregious abuse/neglect.
c. Conditions that would not warrant an interagency investigation:
1. A child who succumbs to a terminal disease.
2. A death resulting from an accident not the result of negligence or abuse.
5. INTERAGENCY RESPONSIBILITIES
a. The organization receiving the report will notify the other organization immediately that
a joint investigation is warranted.
b. The Agency: The role of the Agency is to establish the appropriate jurisdiction
responsible for conducting the investigation_ The Agency determines whether the events
leading to the death of a child constitutes a crime by any act of commission or omission,
and the Agency presents such information to the District Attorney
for prosecution purposes, as applicable. The Agency is responsible for the scene
investigation where the death occurred and the collection of evidence_ The Agency is
designated to be present at the post-mortem examination and autopsy, and to photograph
and collect specified evidence obtained at the time of autopsy.
c. Department of Human Services: The Department of Human Services will research the
family structure and evaluate whether any other siblings within the family structure are at
risk of any form of physical danger or death. The Department of Human Services may
provide to Agency important background information relating to the victim's family
dynamics and whether the victim child is under the purview of the Department of Human
Services currently. The Department of Human Services is also responsible to list child
deaths in Trails for Child Protection and to report to the State Fatality Review
Committee.
6. MISCELLANEOUS
a. Term of Agreement: The term of the Agreement shall commence on the date of
execution of this Agreement and shall be perpetual.
b. Termination of Agreement: This Agreement may be terminated by the Department of
Human Services or by the Agency upon thirty (30) days written notice. Both
organizations shall cooperate on all investigations pending at the time such notice is
delivered, until such investigations are fully completed.
c. Confidentiality: Both organizations shall comply with all applicable standards, rules, and
regulations regarding confidentiality as may be related to their responsibilities.
d. Authority:
1. Upon execution this Agreement is a valid and binding obligation between the
Department of Human Services and the Agency, and the making and performance of
this Agreement has been duly authorized by all necessary corporate or official action,
and will not constitute a violation of any law or requirement imposed by a judicial or
arbitral body or governmental entity, nor the charter or by-laws of statute, ordinance
or regulation controlling the Agency, nor a default under any agreement or
instrument by which it is bound or affected.
4
2. The making or performance of this Agreement does not require the consent or
approval of any additional governmental entity other than the signing parties or, if
such consent or approval is required, such has been obtained.
IITNESS`WHEREOF, the parties hereto have duly executed the Agreement this O,9O? N� day of
, 2019.
COUNTY
ATTEST: dirdr.0) (•� BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
...00101
Deputy Cl I to e Boar%��
5
arbara Kirkmeyer,
CONTRACTOR:
APR 222019
University of Northern Colorado
Police Department
1813 8th Street
Greeley, CO 80631
(970) 351-2245
hiv
Dennis R Pumphrey (Mar 22, 019)
By:
Dennis Pumphrey, Chief of Police
Mar 22, 2019
Date:
0207?_ /,7
Hello