HomeMy WebLinkAbout20141367.tiff RESOLUTION
RE: APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COLORADO STATE PATROL
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, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Colorado State Patrol, with 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, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Human
Services, and Colorado State Patrol 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 5th day of May, A.D., 2014
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST: 2j�,, , S< .-k o 1�b( (ougles Rademacher, hairl
Weld County Clerk to the Boar•,\\ ia L® ijuimuty
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F . "4.. -a �, •rk o-Tem
BY. / • , e .�r_r. (� ��' ; ���
Dep R y Clerk to the Boar.
n P. Conway
N �APP' S1!�DA FORM: T.1 -'(
Mike Fre@man
ou torney Li (
William F. Garcia
Date of signature 57102
CG-1I513 (5.1)
5(19
2014-1367
HR0085
MEMORANDUM
DATE: May 1, 2014
W
TO: Douglas Rademacher, Chair, Board of Commissioners
�N � J FROM: Judy A. Griego, Director, Department o man Skrv'ce$' 1"
V GOB J J
RE: Cooperative Agreement between the Weld County
Department of Human Services and Colorado State Patrol
Enclosed for Board approval is a Cooperative Agreement between the Department and
Colorado State Patrol. This Agreement was reviewed under the Board's Pass-Around
Memorandum dated April 21, 2014, for placement on the Board's Agenda.
The Colorado Department of Human Services worked with the Colorado State Patrol to create
a law enforcement agreement that has been signed by the Chief of the Colorado State Patrol,
Colonel Scott Hernandez, on March 31, 2014.
Each county department of human services would then sign this "boilerplate" agreement so
counties throughout Colorado will come into compliance with CRS §19-3-308(5.5). This
statute references county departments of human services responsibilities to enter into
cooperative agreements with law enforcement agencies regarding the investigation of child
abuse or neglect cases. To come into compliance with this statute, the Department is
requesting the Board's approval to enter into this agreement with the Colorado State Patrol.
If you have any questions, give me a call at extension 6510.
2014-1367
COOPERATIVE AGREEMENT
BETWEEN
WF.T.D COUNTY DEPARTMENT OF HUMAN SERVICES
AND
COLORADO STATE PATROL
THIS AGREEMENT entered into this S Day of / ai.1) a2PJ/r// by and between
WELD COUNTY DEPARTMENT OF HUMAN SERVICES,hereinafter referred to as"Human
Services",and COLORADO STATE PATROL, hereinafter referred to as"Law Enforcement Agencies".
WHEREAS,abuse and neglect are community problems requiring cooperation and complementary
responses by law enforcement and child protection agencies to protect endangered children; and
WHEREAS,C.R.S. 419-3-304 and 419-3-307 require that incidents of known or suspected child abuse
or neglect be reported to the Human Services or local Law Enforcement Agency;and
WHEREAS, referrals and cooperation between Law Enforcement Agency and Human Services are
necessary to assure prompt action, protection of the child,and actions as required by law;and
WHEREAS,CRS§19-3-308(5.5)declares that the State legislature intends that county departments
of human services enter into cooperative agreements with law enforcement agencies to coordinate the
duties of each agency in connection with the investigation of all child abuse or neglect cases.
NOW,THEREFORE,the agencies herein agree as follows:
1. Human Services will notify the appropriate Law Enforcement Agency of reports of known or
suspected child abuse or neglect,and provide copies of the report to the respective Law
Enforcement Agencies,as required by C.R.S.§19-3-307(3).
2. Law Enforcement Agencies will notify the Child Protection Services Unit of the
Weld County Department of Human Services of any report of known or
suspected child abuse or neglect received by such Law Enforcement Agencies.Such notice will
be provided even where the Law Enforcement Agency will be the only entity conducting an
investigation.
3. If the Incident involves the death of a child, Law Enforcement Agencies shall notify Human
Services.
4. Once each appropriate Law Enforcement Agency and the Child Protection Services Unit of
Human Services have been notified of a particular case of known or suspected child abuse or
neglect,the methods of investigation and the priority of the case shall be mutually determined
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on a case-by-case basis.Joint investigations shall be conducted to the extent possible and
deemed appropriate. Human Services shall coordinate the investigations of all incidents of
known or suspected intrafamilial child abuse and institutional abuse.
5. Cases deemed appropriate for Joint investigation between the Child Protection Services"CPS"
Unit of Human Services and the Law Enforcement Agency shall include,but are not limited to,
the following:
a. Death of a child when there are surviving siblings in family;
b. Moderate to severe physical abuse or the risk thereof;
c. Familial and quasi-familial sexual abuse(by parents,guardian,stepparent,boyfriend,
girlfriend,and other persons who reside in the child's home);
d. Severe environmental neglect;
e. Possibility of need for placement or protective custody;
f. Suspected danger to investigators from threatening,belligerent parent;
g. Nonfamilial sexual abuse when alleged perpetrator has children under 18 or there are
protective issues for suspected victims;
h. When it appears that the suspected perpetrator may flee;
i. When parent refuses access to the children by CPS or refuses medical examination of
the children;
j. Physical or sexual abuse in institutional settings such as a foster home,group home,day
care home, residential child care facility or institution;
k. Conditions suggesting the need for an arrest or the issuance of a summons and
complaint;
I. Drug affected babies;or,
m. Any case in which, in the presence of a child,or on the premises where a child is found,
or where a child resides,a controlled substance,is manufactured or attempted to be
manufactured.
6. Cases deemed appropriate for investigation solely by the Child Protection Services Unit of
Human Services shall include, but are not limited to,the following:
a. Mild physical abuse;
b. Fetal Alcohol Syndrome;
c. Non-Organic Failure to Thrive;
d. Medical neglect(including failure to provide medically indicated treatment to disabled
infants with life threatening conditions);
e. Third party abuse or neglect when alleged perpetrator under age 10;
f. Educational neglect;
g. Emotional abuse;or,
h. Mild and moderate neglect,lack of supervision.
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7. Cases deemed appropriate for Investigation solely by law enforcement shall include, but are not
limited to,the following:
a. Third party abuse or neglect when alleged perpetrator over age 10.Third party abuse
includes, but is not limited to babysitters, nannies,teachers,school personnel,
neighbors,etc.;
b. Death of a child with no surviving siblings; or,
c. Report of immediate danger to a child when proximity and speed of law enforcement
response is needed,when Child Protective Services Unit of Human Services is not
available, and risk to the child indicates immediate evaluation is needed(after hours,
welfare check).
8. Human Services shall be responsible for promptly notifying the Child Protection Team of all
investigations completed by Human Services or by Law Enforcement Agencies,and complying
with "Rights and Reports"reporting procedures.To assist this process,Law Enforcement
Agencies shall promptly provide Human Services with all written reports of third party
investigations.
9. The undersigned agencies agree to adopt specific procedures and protocol for the purpose of
implementing the terms of this cooperative agreement, i.e. coordinate with school districts if
necessary.
10. When requested by Law Enforcement Agency in third party abuse or neglect cases, Human
Services will assist in interviewing victims under age 6,or older children with special needs,
11. Human Services shall be responsible for ensuring that all parents and families from whom
children are removed under court order or by Law Enforcement Agency personnel are provided
with a copy of The Notice of Rights and Remedies(Appendix D)at the time of the child's
removal.
SIGNATURES
--741- 1Z 313111
Chief of Colorado State Patrol Date
,,
5 i Q01
County epartment f Human Se//i/AL 0, ices Representative Da
J
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: oo to ,,p yviq U.e t,/—
Mrelte l SC Jip;di ��rtI'm.`1 Rademacher, Chair MAY 0 5 2014
Vf a 41eS`
Weld County Clerk to the Board ( s'
BY: %�tCY1/42 all
nw
Dep ty Clerk to the Board Ire
Nrr 11.
&O/ t' -/SL7
APPENDIX A
NOTICE OF RIGHTS AND REMEDIES FOR FAMILIES
Your children have been,OR are being removed from your home pursuant to Colorado Revised Statute,Title 19,
C.R.S.,the Colorado Children's Code.This notice provides you with important information.This is an important
document,please read it carefully. If English is not your primary language,or you are hearing impaired you may
request an interpreter for all proceedings.If you know or have reason to know your family is of American Indian
heritage,the Indian Child Welfare Act(Pt.95-608)applies.
The United States Constitution and State of Colorado Constitution guarantee your right to due process which
includes a fair hearing.
PARENTAL RIGHTS:
1.You have a right receive this NOTICE of RIGHTS AND REMEDIES and ajuvenile court order.
2.You have a right to an attorney.If the Court decides that you cannot afford to pay an attorney one will be proved
for you at no cost.You are entitled to petition the court to appoint an attorney of your choosing that may or may not
be granted by the Court.
3.You have a right to participate with the County Department of Social Services(referred to hereinafter a D.S.S)
caseworker in developing a case plan.All parties will be requested to sign the case plan.
4.You have a right to a Detention Hearing within 48 to 72 hours to determine if your child(ren)should return home.
This hearing MUST be held either within 48 to 72 hours,excluding Saturdays,Sundays and holidays. If the court
decides that your child(ren)should not return home,your children may be placed with their grandparents or other
appropriate relatives,or remain in foster care with County D.S.S.You have the right to testify and present witnesses
in the court as to why the child(ren)should be allowed to return home,or whether they should be place with their
grandparents or other relatives.You have the right to compel witnesses by subpoena,to attend all court proceedings,
and ask questions of any witnesses. If the petition is granted,the child(ren)are adjudicated dependent and neglected;
legal custody of your child(ren)may be given to County D.SS. Families may make later formal requests,at anytime
for a hearing to regain legal custody of their child(ren).
5. You have the right to a Juvenile Judge instead of a magistrate at all proceedings of the Court except the initial
Detention hearing.
6.You have a right to have the Dependency and Neglect Petition filed with the court no later than ten working days
after the child(ren)are removed(Rules of Juvenile Procedure,Rule 4.A.).
7.You have a right to ajury trial.
8. You have a right to have the People prove that the allegations of the petition are true by a preponderance of the
evidence. In the case of an Indian child the standard is clear and convincing evidence.If the petition is not granted,
the Court can order the state to pay all your costs.
9.You have a right to appeal any final decision of the Court,unless you agree to a fmding that you children are
"Dependent and Neglected"(this would include an admission of"no fault of your own"). En that case you lose your
rights to a jury trial,to subpoena witnesses and to appeal the Court's finding of"Dependent and Neglected."
NON-EMERGENCY REMOVAL:
If your child(ren)are being removed in a non-emergency situation,you are to receive a copy of the juvenile court
order authorizing the removal and stating the reasons why your child(ren)are being removed along with a copy of
this notice.(If your child is removed ftom some place other than the home,you are to receive the order the same
day).
Specific reason for non-emergency removal:
EMERGENCY REMOVAL:
If your child(ren)have been or are being removed under Colorado Statute 19-3-401,you will receive a copy of the
court order forthwith.
Specific reason for emergency removal(reason cited from Colorado Statute 19-3-401):
Taking children into custody:(I)A child may be taken into temporary custody by a law enforcement officer without
order of the court:
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(a)When the child is abandoned, lost,or seriously endangered in such child's surroundings or seriously
endangers others and immediate removal appears to be necessary for such child's protection or the
protection of others;
(b)When there are reasonable grounds to believe that such child has run away or escaped from such child's
parents,guardian or legal custodian;or
(c)When an arrest warrant has been issued for such child's parent or guardian on the basis of an alleged
violation of section 18-3-304,C.R.S.No child taken into temporary custody pursuant to this paragraph(c)
shall be placed in detention or jail.
(1.5)An emergency exists and a child is seriously endangered as described in paragraph(a)subsection(I)
of this section whenever the safety or well-being of a child is immediately at issue and there is no other
reasonable way to protect the child without removing the child from the child's home. If such an
emergency exists, a child shall be removed from such child's home and placed in protective custody
regardless of whether reasonable efforts to preserve the family have been made.
(2)The taking of a child into temporary custody under this section shall not be deemed an arrest,no shall it
constitute a police record.
Additional comments on removal:
REASONABLE EFFORTS
The law requires that reasonable efforts be made before,during,and after removal to keep child(ren)with parents,as
described in 19-3-101.1,C.R.S:
Definitions. M used in this article, unless the context otherwise requires:
(1)"Reasonable efforts"means the exercise of diligence and care throughout the state of Colorado for children who
are in out-of-home placement,or are at imminent risk of out-of-home placement,to provide,purchase,or develop
the supportive and rehabilitative services to the family that are required both to prevent unnecessary placement of
children outside of such children's home and foster,whenever appropriate,the reunification of children with the
families of such children.Services provided by a county or city and county in accordance with section 19-3-208 are
deemed to meet the reasonable effort standard described in this subsection(1).Nothing in this subsection(1)shall
be construed to conflict with federal law.
State what reasonable efforts have been made to prevent the removal of the child(ren)from the home or explain why
these efforts were not made:
TERMINATIOIN OF PARENTAL RIGHTS
If you do not comply with the treatment plan ordered by the court your parental rights may be terminated at a
separate hearing.The standard of evidence for termination of parental rights is clear and convincing in all cases,
except in cases of Indian child(ren)where the standard is beyond a reasonable doubt. If the petition is not granted,
the Court can order the State to pay all your costs.
While your child(ren)is placed out of the home you have the right to visit you child(ren)as permitted by the court
and be advised of their wellbeing.There will be regular court-reviews. Periodic reviews take place at the county
department of social services. Reviews in court can be requested by you or required by the court.
GRIEVANCE PROCEDURES:
If you feel you have been or are being treated unfairly by the County Department of Social Services,call you
County Department of Social Services Director or grievance coordinator.Pursuant to 19-3-211 the county governing
body may have established a citizen review panel to hear your grievance.
COUNTY SPECIFIC AND IMPORTANT TELEPHONE NUMBERS:
Caseworker(namc and number): _
Law Enforcement Officer(name and number):
County Department of Social Services Director:
County Grievance Coordinator: i
Other Local Resources:
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