HomeMy WebLinkAbout20163768.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 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 and ending December 19, 2021, 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 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 19th day of December, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: die/LA) j!'
Weld County Clerk to the Board
BY: .
puty Clerk to the Board
D AS
Attorney
Date of signature: Cal I OS/ i'7
Mike Freeman, Chair
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Sean P. Con ay, Pro-Tem
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ulie A. Cozad
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Steve Moreno
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2016-3768
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MEMORANDUM
DA 1T?: 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
Cooperative Agreement with Envision Creative Support
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 Cooperative Agreement with Envision Creative Support. This
agreement clarifies the coordinated duties and responsibilities of the Department and Envision
Creative Support for People with Developmental Disabilities (Envision) when reporting,
responding, and investigating reports regarding the mistreatment, exploitation and self -neglect
of at -risk adults with intellectual and developmental disabilities. This is a non -financial
agreement that will commence upon the date of the final 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.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2016-3768
Pass -Around Memorandum; December 2, 2016 - Contract ID 920 Page 1
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 and developmental disabilities.
TERM OF AGREEMENT: This Agreement will commence upon the date of the final
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,
exploitation 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, C.R.S., and that Envision will be the lead investigative
agency for incidents that do not meet criteria for APS intervention.
November 2016
RESPONDING TO REPORTS OF MISTREATMENT
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 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.
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 not request assistance from Envision in the investigations of
allegations when Envision is the provider agency.
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.
APS may request assistance from Envision with obtaining records from a provider
agency.
APS may request assistance from Envision with communicating with 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. APS will send notification
to Envision within (24) hours or next Business Day following APS decision to Screen -In
and assign an APS Case or Screen -Out an APS Case. APS will notify Envision of
APS Findings upon completion of APS Investigation.
November 2016
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CONFIDENTIALITY
Disclosure of APS program and case information shall be permitted only when
authorized by law or ordered by the court, as outlined in 12 CCR 2518-1, Section
30.250. 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. 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:
eld ounty
Servi es
11/1110_0((r
Date
Mary Ku- Walton, Executive Director, Envision, Date
Creative Support for People with Developmental Disabilities
DEC 1 9 2016
Chairman, Board of County Commissioners
ATTEST: G/ .fie lfo;e1
WELD C" " `; ? TIE BOAR
BY:
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November 2016
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