HomeMy WebLinkAbout20170015.tiffRESOLUTION
RE: APPROVE COOPERATIVE AGREEMENT FOR ADULT PROTECTIVE SERVICES AND
LONG TERM CARE OMBUDSMAN 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 a Cooperative Agreement for Adult
Protective Services and Long Term Care Ombudsman 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 Weld County Department of Human Services, commencing January 4, 2017, 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 and Long Term
Care Ombudsman 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 Weld County Department of
Human Services, 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 4th day of January, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORARO
ATTEST:
dati.4) ..e&o;ok,
Weld County Clerk to the Board
BY.
APP
Date of signature: t /CD/r7
Ju ie _ • . Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
ik- Freeman
1t�
rbara Kirkmeyer
Cc,
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2017-0015
HR0088
1v\3Tc&J 9 I-cf
MEMORANDUM
DATE: December 2, 2016
TO: Board of County Commissioners— Pass -Around
FR: Judy A. Griego, Director, Human Services
RE:
Weld County Department of Human Services' Area
Agency on Aging (AAA) Adult Protective Services (APS)
and Long Term Care Ombudsman Cooperative (LTCO)
Agreement
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 Area Agency on Aging (AAA) Adult
Protective Services (APS) and Long Term Care Ombudsman (LTCO) Cooperative
Agreement. This agreement clarifies the coordinated duties and responsibilities of the
Department's APS and LTCO programs when reporting, responding, and investigating reports
regarding the mistreatment of at -risk adults in the community and residents of long-term care
facilities. This is a non -financial agreement.
I do not recommend a Work Session. 1 recommend approval of this Agreement.
Approve Request
13OCC A!ends Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2017-0015
Pass -Around Memorandum; December 2, 2016 - Contract ID 919
Page 1
Weld County Department of Human Services' Adult Protective Services and Long Term Care
Ombudsman Cooperative Agreement
DATE: October 24, 2016
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 from one program
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 programs, and
that each individual program 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 nursing homes and assisted living facilities in their designated region.
November 9, 2016 1
In the event that either party identifies a statement that needs to be amended or included in the cooperative agreement,
the LTCO and APS program representatives will discuss the recommended changes and/ or inclusions. If both parties
agree, the document will be amended and signed.
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 Lead Ombudsman, AAA director, 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 the county APS program's interagency agreement with law enforcement. If no such
agreement exists, the reports must be made to 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
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
November 9, 2016 2
Supervisor, Weld County Adult Protection
Area Agency on Aging
and clarifying relevant case information. If at any point during investigation process the Long Term Care resident
withdraws his or her consent, the Ombudsman will immediately cease sharing information and will continue to investigate
the client's concerns independently.
////c/ice
my Area Agency on Aging Date
Supervisor) Weld County Long Term Care Ombudsman
Area Agency on Aging
ATTEST: Ward&
Weld 'o n . Clerk to the Board
By
Deputy Cl=/ k t+ t e B
November 9, 2016
Date
ilia
Date
BOARD OF COUNTY COMMISSIONERS
WELD COTY, COLORADO
JAN 042017
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