HomeMy WebLinkAbout20162772.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ADULT PROTECTIVE
SERVICES 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 an Intergovernmental Agreement for
Adult Protective Services among 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, the
19th Judicial District Attorney's Office, and the Greeley Police Department, commencing upon full
execution of signatures, and ending August 31, 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 Intergovernmental Agreement for Adult Protective Services among 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, the 19th Judicial District Attorney's
Office, and the Greeley Police Department be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Acting Chair Pro-Tem 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 31st day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ottAi,./ ._feyeA0;‘,k. ;‘,k.EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
Date of signature: 9
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LO/00/1(o
Sean P. Conway, Pro-Te
A. Cozad, Acting Cha. Pb-Tem
teve Moreno
2016-2772
HR0087
MEMORANDUM
DATE: April 29, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services' Adult
Protection Services' Cooperative Agreement with the Weld
County Sheriffs Department and the 19th Judicial District
Attorney's Office
Please review and indicate if you would like a work session prior to continuing with this
Agreement.
Request Board Approval of the Department's Adult Protection Services' Cooperative
Agreement with the Weld County Sheriff's Department and the 19th Judicial District
Attorney's Office (Attached). Adult Protection Services (APS) is required by statute, 26-3.1-
103(2), as well as by Department of Human Services rule 30.810(A), to have in place
cooperative agreements with certain entities, including our law enforcement agencies and the
District Attorney's office. In the past, the state Adult Protection Unit allowed us to refer all
reports made to APS to law enforcement, in lieu of having cooperative agreements. That is no
longer the case, and we are in the process of getting these agreements in place.
It is the Department's goal to have one consistent agreement with all Weld County law
enforcement agencies and the District Attorney's office. This agreement was developed by
utilizing a template provided by State APS staff, modified to fit Weld County's needs. This
agreement has been vetted by Assistant Weld County Attorney, Karin McDougal, and is being
sent to Sheriff Reams, Chief Garner, and District Attorney Rourke for their review. Our next
step will be to set meetings to get the agreement signed; the final agreements will then be routed
through the Contract Management System for final approval. After the agreements are in place
with these three agencies, the smaller jurisdictions in the County will then be contacted.
I do not recommend a Work Session. I recommend approval to continue this process for
developing a Cooperative Agreement.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2016-2772
Pass -Around Memorandum; April 29, 2016 (Not in CMS) Page 1
Intergovermental Agreement for Adult Protective
Services
Between
The Weld County Department of Human Services,
Greeley Police Department
And
The Weld County District Attorney's Office
For the 19th Judicial District
I. SUBJECT: Weld County Adult Protective Services Cooperative Agreement for
investigation of reports involving possible mistreatment or self -neglect of at -risk
adults.
II. PURPOSE: To clarify the coordinated duties and responsibilities of agencies
involved in reporting, responding, and investigating reports regarding the
mistreatment , exploitation and self -neglect of at -risk adults.
III. 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 written consent of APS and Greeley
Police Department. Nothing in this Agreement shall substitute or represent a
change in either agency's legally mandated responsibilities.
IV. BACKGROUND AND BASIS FOR THE AGREEMENT:
Per Section 26-3.1-103(2), C.R.S., each county department, law enforcement agency,
district attorney's office, and other agency responsible under federal law or the laws of
this state to investigate mistreatment, self -neglect, or exploitation of at -risk adults shall
develop and implement cooperative agreements to coordinate the investigative duties of
such agencies. The focus of such agreement 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. The agreements shall further
provide that each agency shall maintain the confidentiality of the information exchanged
pursuant to such joint investigations.
V. PRINCIPLES OF THE AGREEMENT
2
In accordance with the above -cited statute, this agreement is made to ensure
coordinated response during all hours, 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 civil and criminal investigative processes.
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 all agencies involved in this agreement shall accept reports of
known or suspected mistreatment or self -neglect of at -risk adults.
VI. BUSINESS AND NON -BUSINESS HOUR PROCESSES
County departments are required by APS program rule to have an established
process to receive reports during business and non -business hours.
The Weld County Department, herein known as Adult Protective Services (APS),
receives reports during business hours at (970) 346-7676. Business hours are
Monday through Friday from 8:00 AM to 5:00 PM
Reports made during non -business hours are received by Weld County Department
of Human Services screeners at (970) 346-7676) or by law enforcement through the
Weld County Dispatch Center. Any law enforcement agency receiving reports
during non -business hours should fax the reports to APS at (970) 346-7698 or email
them to SSSCREENING@co.weld.co.us within 24 hours.
VII. DISPOSITION OF REPORTS
A copy of all reports of caretaker neglect, exploitation or mistreatment made to APS
shall be forwarded to the law enforcement agency with jurisdiction within twenty four
of receipt of the report.
A copy of all reports of mistreatment and self -neglect made to law enforcement and
the district attorney's office shall be forwarded to APS within twenty four of receipt of
the report.
The report shall include: name, age, and address of the at -risk adult; the name and
address of the at -risk adult's caretaker, if any; the suspected nature and extent of
the at -risk adult's injury, if any; the nature and extent of the condition that will
reasonably result in mistreatment or self -neglect; and other pertinent information.
Reports involving criminal allegations of mistreatment, including caretaker neglect
shall be immediately referred to local law enforcement. When criminal allegations
3
are not initially apparent, the caseworker shall refer to the law enforcement agency
with jurisdiction as soon as there are reasonable suspicions that a crime has been
committed.
Reports of abuse, caretaker neglect, and/or exploitation of at -risk elders, 70 years of
age or older, must be reported to law enforcement. Law enforcement will forward all
reports of abuse, caretaker neglect, or exploitation of at -risk elders to APS within 24
hours. APS will review and evaluate each report to determine if the at -risk elder
meets the statutory requirements of an at -risk adult pursuant to C.R.S. 26-3.1-101
before protective services are rendered.
If a report is made to APS and it is later discovered that the person is 70 years of
age or older, APS will notify law enforcement immediately. These are cases when
the reporting party is not aware of the adult's age and makes the report to APS.
Beginning July 1, 2016 reports of abuse, caretaker neglect and/or exploitation of
adults age 18 or older with an intellectual or developmental disability must be
reported to law enforcement. Law enforcement will forward all reports of abuse,
neglect or exploitation of adults with an intellectual or developments disability to APS
within 24 hours. APS will review and evaluate each report to determine if the adult
with an intellectual or developmental meets the statutory requirements of an at -risk
adult pursuant to C.R.S. 26-3.1-101 before protective services are rendered.
If a report is made to APS and it is later discovered that the person has in intellectual
or developmental disability, APS will notify law enforcement immediately. These are
cases when the reporting party is not aware that the person has an intellectual or
developmental disability and makes the report to APS.
The report shall include: name, age, and address of the at -risk elder; the name and
address of the at -risk elder's caretaker, if any; the suspected nature and extent of
the at -risk elder's injury, if any; the nature and extent of the condition that will
reasonably result in abuse, caretaker neglect, and/or exploitation; and other
pertinent information.
VIII. AGENCY ROLES
Adult Protective Services is responsible for investigating reports of suspected
mistreatment and/or self -neglect of at -risk adults.
The County Attorney's Office is responsible for reviewing reports of mistreatment of
at -risk adults when a review is requested or when APS is considering filing for
guardianship of an at -risk adult.
Law enforcement agencies are primarily responsible for the coordination and
investigation of criminal allegations involving at -risk adults and at -risk elders.
4
The District Attorney's Office is responsible for reviewing reports of criminal actions
or threats of mistreatment of at -risk adults and at -risk elders to determine possibility
of prosecution.
IX. JOINT INVESTIGATION PROCEDURE AND GUIDELINES
Some reports may need to be jointly investigated when time and resources allow.
Any agency entering into this agreement may request assistance from another
agency entering into this agreement in the investigation and assessment of the at -
risk adult's safety and well-being
When a joint investigation is initiated, the APS caseworker, law enforcement
officer(s), and/or the District Attorney's Office may conduct joint interviews, compare
notes, and clarify information following interviews. Law enforcement shall be
considered the lead agency in criminal joint investigations. APS shall be considered
the lead agency in non -criminal joint investigations. Developmental disability,
ombudsman or mental health staff may be present as part of the joint investigative
team.
Joint investigation or stand by assistance may be utilized when the following pertain
to an at -risk adult:
1. There is pain and/or physical injury, as demonstrated by, but not limited to,
substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns,
bone fractures, poisoning, subdural hematoma, soft tissue swelling or
suffocation.
2. Unreasonable confinement or restraint has been imposed.
3. There is nonconsensual sexual conduct or contact classified as a crime under
Colorado law.
4. Caretaker neglect threatens the at -risk adult's safety or well-being.
5. Financial exploitation has occurred and/or is occurring and the exploitation is a
crime under Colorado law.
6. Threats of violence, presence of firearms, intoxication, or any illegal activity is
present and threatens the at -risk adult or APS caseworker's safety.
7. Specialized interviewing skills might be required.
X. CONFIDENTIALITY
Reports and investigative information shall be confidential. Disclosure of
information, including the name and address of the at -risk adult, members of the
adult's family, reporting party's name and address, or any other identifying
information contained in reports 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.
5
In addition, each agency shall maintain the confidentiality of the information
exchanged pursuant to joint investigations as required by Section 26-3.1-103(2),
C.R.S.
6
SIGNED BY:
Judy Griego,
ATTEST!
Jerry/C�arner,�Chief, Greeley Police Department
Weld Co
Services
c -c 14;A
Weld Couniv Clerk to the Board
BY:
Deput
Clerk to the Board
rtment of Human
E- (-a8 (CO
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
lie Cozad, Pro-Tem " AUG 3 1 2015
7
o?oioo-a772)
THE CITY OF GREELEY
RESOLUTION NO. 43 , 2016
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES, GREELEY
POLICE DEPARTMENT AND THE WELD COUNTY DISTRICT ATTORNEY'S OFFICE
FOR THE 19' JUDICIAL DISTRICT FOR INVESTIGATION OF REPORTS INVOLVING
POSSIBLE MISTREATMENT OR SELF -NEGLECT OF AT -RISK ADULTS.
WHEREAS, the City is authorized to enter into intergovernmental agreements with other
governmental bodies for cooperative or joint activities pursuant to the Greeley Code of Ordinances.
2.07.040;
WHEREAS, pursuant to State law, specifically C.R.S. § 26-3.1-103(2). the City's law
enforcement agency is required to enter into an Intergovernmental Agreement for the purpose of
promoting a collaborative system for the investigation of possible adult neglect:
WHEREAS, the role of this IGA will be to clarify the coordinated duties and responsibilities of
agencies involved in reporting. responding, and investigating reports regarding the mistreatment.
exploitation and self -neglect of at -risk adults;
WHEREAS, the involved agencies have determined that the coordination of the IGA will
provide the most comprehensive and effective approach to deliver appropriate services to at -risk adults:
WHEREAS, it is in the best interests of the residents of the City of Greeley that this
resolution be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GREELEY, COLORADO:
Section 1. The City Council hereby authorizes entry into an Intergovernmental Agreement along
�s ith the Weld County Department of Human Services and the Weld County District Attorney's Office for
the 19" Judicial District, for Adult Protective Services. A copy of which is attached hereto and
incorporated as Exhibit A.
Section 2. This resolultion shall become effective immediately upon its passage and signature.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 19th DAY OF
July . 2016.
ATTEST:
THE CITY OF GREELEY
BY
Mayor
1
City of
Gr�elev
August 2, 2016
Judy Griego, Director
Weld County Dept. of Human Services
315 N. 11th Avenue
Greeley, CO 80631
Dear Ms. Griego:
This IGA between our agencies has taken its time in making its way through the system
and I apologize for the delay. But we finally have it ready at our end. I surely would
appreciate it if you could have it signed by your officials, keep an original for you and
return the other to me.
As always, I appreciate your assistance and support.
Sincerely,
Jerry Garner
Chief of Police
Greeley Police Department • 2875 West 10th Street, Greeley, CO 80634 • (970) 350-9605
We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost-effective service.
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