HomeMy WebLinkAboutC19-123 Eagle County Department of Human Services Cooperative Law Enforcement AgreementDocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
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COOPERATIVE AGREEMENT
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EAGLE COUNTY DEPARTMENT OF HUMAN SERVICES
DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
INDEX
GENERAL PHILOSOPHY PG 3
AGREEMENT
DEFINITIONS PG 5
PROCEDURES FOR COOPERATION PG 6
CASES INDICATING USE OF JOINT INVESTIGATIVE PROCEDURES PG 7
JOINT INVESTIGATION PROCEDURES
GENERAL PROVISION OF COOPERATIVE AGREEMENT PG 9
MUTUAL TRAINING OF LAW ENFORCMENT & CHILD WELFARE PG 9
PG 4
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RELEASE OF REPORTS, DOCUMENTS, EVIDENCE & RECORDS PG 9
GUIDELINES FOR PROBLEM SOLVING AND EVAULATION OF AGREEMENT PG 10
APPROVAL SIGNATURE PAGE PG 11
APPENDIX 1 - PLANNING THE INVESTIGATION PG 13
APPENDIX 2 - LEGAL AUTHORITY PG 14
APPENDIX 3 - SPECIFIC LAWS RELATED TO COOPERATIVE AGREEMENT PG 15-16
APPENDIX 5 - DEFINITION "INSTITUTIONAL ABUSE"
DEFINITION "INTRAFAMILIAL ABUSE"
DEFINITION "THIRD PARTY ABUSE"
DEFINITION "SPOUSAL EQUIVALENT"
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PG 17
DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
GENERAL PHILOSOPHY
The Colorado State legislature mandates specific tasks for county Departments of Human Services
(DHS) and local Law Enforcement Agencies (LEA) as it relates to investigations of child abuse and/or
neglect.
The law and best practice guidelines for both Child Welfare and Law Enforcement emphasize the
need for a collaborative working relationship.
This agreement outlines the processes and procedures for DHS and LEA as they work together to
keep children in Eagle County safe. The intent of this document is to clarify the duties,
responsibilities, and roles of DHS and LEA during the investigations of child abuse and/or neglect.
It is important to note that this agreement serves as a guideline for collaboration. Each case must be
individually assessed and decisions made regarding case specific needs and approaches. In all
cases, the protection and best interests of the child is paramount.
DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
AGREEMENT
SUBJECT: Eagle County Child Protective Services Cooperative Agreement for investigation of
reports involving allegations of child abuse or neglect within the territorial limits of Eagle County,
Colorado.
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 Eagle County Department of Human Services and the
corresponding law enforcement agency. The Eagle County Department of Human Services or any
law enforcement agency may choose to terminate its participation in this Agreement by sending
written 30 -days notice to the other party(ies). Nothing in this Agreement, or a termination thereof,
shall substitute or represent a change in any agency's legally mandated responsibilities.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
DEFINITIONS
The following definitions apply to this Agreement (See C.R.S. § 19-1-103):
"Abuse" or "child abuse or neglect" means an act or omission in one of the following
categories that threatens the health or welfare of a child:
i. Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition,
failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue
swelling, or death and either: Such condition or death is not justifiably explained; the
history given concerning such condition is at variance with the degree or type of
such condition or death; or the circumstances indicate that such condition may not
be the product of an accidental occurrence;
ii. Any case in which a child is subjected to unlawful sexual behavior as defined in
section 16-22-102(9), C.R.S.;
iii. Any case in which a child is a child in need of services because the child's parents,
legal guardian, or custodian fails to take the same actions to provide adequate food,
clothing, shelter, medical care, or supervision that a prudent parent would take
subject to the provisions of section 19-3-103, C.R.S.
iv. Any case in which a child is subjected to emotional abuse. As used in this
subparagraph (d), "emotional abuse" means an identifiable and substantial
impairment of the child's intellectual or psychological functioning or development or a
substantial risk of impairment of the child's intellectual or psychological functioning or
development.
v. Any act or omission described in section 19-3-102(1) (a), (1) (b), or (1) (c), C.R.S.;
vi. 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, as defined in section 18-18-
102(5), C.R.S., is manufactured or attempted to be manufactured;
vii. Any case in which a child tests positive at birth for either a schedule I controlled
substance, as defined in section 18-18-203, C.R.S., or a schedule II controlled
substance, as defined in section 18-18-204, C.R.S., unless the child tests positive
for a schedule II controlled substance as a result of the mother's lawful intake of
such substance as prescribed.
viii. Any case in which a child is subjected to human trafficking of a minor for sexual
servitude as described in 18-3-504, C.R.S.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
PROCEDURES FOR COOPERATION
Child abuse reporting laws allow reports to either law enforcement or local department of
health and human services. Cooperation between agencies is essential to assure adherence
to required response times, the protection of the child(ren), and appropriate investigative
practice. Decisions regarding who investigates a suspected child abuse/neglect case shall be
made jointly by the referring and receiving agency. Joint investigation may be requested by
the referring agency if it is determined that is needed.
Making a child abuse and/or neglect report to DHS:
The following is the procedure for making child abuse referrals to Child Welfare in Eagle
County.
All reports may be made 24 hours per day to the Colorado Child Abuse and neglect Hotline:
1-844-264-5437.
This is a toll-free phone number for individuals to use statewide to report suspected child
abuse and neglect. The Hotline serves as a direct, immediate, and efficient route for Eagle
County Child Welfare to receive and respond to child abuse and neglect inquiries and reports.
Making a child abuse and/or neglect report to LEA:
The following is the procedure for making child abuse referrals to Law Enforcement Agencies
in Eagle County.
All reports can be made by initially calling Dispatch at 1-970-471-2201 in Eagle County or 1-
970-920-5310 in Pitkin County. Reports can also be made by calling the Eagle County
Sheriff's office at 1-970-328-8500.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
CASES INDICATING USE OF JOINT INVESTIGATIVE PROCEDURES:
Law Enforcement Agencies have the sole authority over all criminal matters and this Agreement is not
intended to supersede that authority.
The Department of Human Services has the sole authority over all civil matters and this Agreement is
not intended to supersede that authority.
Joint Investigations should be initiated in the following scenarios:
1. Child fatalities suspected to be caused by abuse and/or neglect.
2. Moderate to severe physical abuse. Joint investigation by DHS and LEA is strongly
recommended. The list below include examples of moderate to severe physical abuse:
a. Head trauma injuries (i.e. subdural hematoma)
b. Injuries involving ruptured organs, unexplained abdominal injury, or other injuries
consistent with abuse.
c. Fractures that are unexplained, multiple in number, or in various stages of healing, or if
the explanation for the injury is inconsistent with the injury.
d. Second or third degree burns, cigarette burns, or other burns consistent with abuse.
e. Lacerations to the face, external genitalia or extremities that are unexplained or if the
explanation for the injury is inconsistent with the injury.
f. Prenatal drug/alcohol exposure
3. Allegations of intra -familial sexual abuse (intra -familial often includes, but is not limited to
parents, extended family members, legal guardians, stepparents, live in boyfriend/girlfriends
and other persons consistently providing care in child's home).
4. Documented severe environmental neglect.
5. Allegations of third party (also known as non -familial) sexual abuse when there are protective
issues for suspected victims or when the alleged perpetrator has children under 18.
6. Allegations of physical or sexual abuse in a childcare setting, foster home, group home,
residential facility.
7. When parent refuses DHS access to the child(ren) or refuses medical examination of the
child(ren).
8. Situations where the child or family is likely to flee.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
JOINT INVESTIGATIVE PROCEDURES
1. Receiving agency notifies other agency immediately.
2. DHS and LEA plan the investigation.
3. Interviews are conducted according to the plans outlined. (Care should be taken to limit the
number of times a victim is interviewed, especially in sexual abuse investigations or
circumstances when the additional interview may increase the traumatization of a victim.)
4. If it is determined in a joint investigation that DHS must take legal and physical custody of a
child in order to ensure that child's safety, LEA can take emergency custody. Emergency
custody decisions must be reviewed by the District Court within 48 hours of implementation.
5. Law enforcement continues the criminal investigation without HHS involvement. This includes
submission of information to the District Attorney for disposition.
6. Appropriate sharing of reports shall occur. If a criminal investigation is done, send the report to
DHS as soon as possible and within 30 days of the completion of the investigation. DHS will
send reports of founded child abuse and/or neglect to the investigating LEA and the District
Attorney upon the completion of the DHS investigation.
DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
GENERAL PROVISION OF COOPERATIVE AGREEMENT:
1. The intent of this agreement is to clarify and enhance cooperation between agencies to protect
children. It is recognized there may be differing opinions regarding some case decisions. In
those cases, referral to supervisory levels would be appropriate. Child Protection Teams also
may be used for consultation, feedback and direction regarding cases which have become
problematic between agencies. The District Attorney may provide guidance regarding criminal
issues.
2. It is understood that joint training with law enforcement and DHS will be required to implement
this agreement in the community.
MUTUAL TRAINING OF LAW ENFORCEMENT AND CHILD WELFARE
Responsibility for Training: It is the responsibility of each party to train their investigators and other
staff of their respective responsibilities. In order to assure training opportunities and to facilitate
mutual understanding, HHS, and the Law Enforcement Agency may coordinate, plan, and implement
joint trainings. The organizing agency shall be responsible for funding such training.
RELEASE OF REPORTS, DOCUMENTS, EVIDENCE, AND RECORDINGS
The Official Custodian: The official custodian for purposes of the release of information of any Law
Enforcement Agency reports referred to in this Agreement (and all accompanying documents,
recordings, and evidence) is the Law Enforcement Agency's Records Custodian.
Release of Records: Release of Records shall be governed by this Agreement and CRS -19-1-303
and 307 and the appropriate sections of the Colorado Criminal Justice Records Act regarding
confidentiality.
1. Requests to a Law Enforcement Agency for HHS records: Requests for any HHS
materials, including reports, documents, recordings, and evidence, shall be referred to the
HHS Records Custodian or released to persons authorized by state statute or court ruling.
2. Requests to HHS for Law Enforcement Records: The parties acknowledge and agree that
records HHS possess may contain criminal justice records of a Law Enforcement Agency.
These criminal justice records are confidential and may only be released to persons authorized
by the state statute or by court ruling. In recognition of the limited circumstances when
criminal justice records of a law enforcement agency may be released, the LEA will provide to
HHS a redacted summary report of the criminal investigation. Requests to HHS for any other
criminal justice records of a LEA, including reports, documents, recordings, and evidence, shall
be referred to the LEA's Records Custodian.
3. Requests to HHS for Third Party Records: Requests for any DHS materials, including
reports, documents, recordings, and evidence, that were created by a third party and not HHS
or the LEA shall be referred to that third party's records custodian.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
GUIDELINES FOR PROBLEM SOLVING AND EVALUATION OF THIS AGREEMENT
Conflict Resolution: The Law Enforcement Agency's Officer and HHS Caseworker may at any time
request assistance of (their agency's) Supervisor to (facilitate) a discussion with another agency's
supervisor regarding differing opinions on cases and to obtain clarification on departmental policies
and procedures. Supervisors of respective agencies are committed to resolving disputes,
disagreements, or conflicts.
Modification: Any party to this Agreement may at any time request a meeting of respective
supervisors and/or administrators to discuss modifications to this Agreement. Any modification must
be in writing and approved by all agencies.
Termination: This Agreement shall remain in effect until terminated by any party. Termination shall
become effective immediately upon notification being received in writing by all parties. Notice must
be sent to Eagle County Sheriff, Avon Police Chief, Basalt Police Chief, Eagle Police Chief, Vail
Police Chief, and the Eagle County Health and Human Services Director.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
THE UNDERSIGNED INDIVIDUALS REPRESENTING THEIR RESPECTIVE AGENCIES HAVE
READ THIS DOCUMENT AND AGREE TO IMPLEMENT THE PROCEDURES AS OUTLINED.
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Basalt Chief of Police
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Eagle Chief of Police
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Vail Chief of Police
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
APPENDIX
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
APPENDIX 1
PLANNING THE INVESTIGATION
IT IS APPARENT THE INTENT OF JOINT INVESTIGATIONS IS TO BRING TOGETHER THE
COMBINED RESOURCES OF BOTH LAW ENFORCEMENT AND HUMAN SERVICES TO INSURE
PROTECTION OF CHILDREN. IN ORDER TO EFFECTIVELY ACCOMPLISH THIS TASK, JOINT
PLANNING PRIOR TO CLIENT CONTACT WILL BE BENEFICIAL AND SHOULD INCLUDE:
1. Type and characteristics of the case
2. Which staff member is available to respond
3. What type of staff expertise is required to deal with the presenting case
4. Method of investigation and who will take lead role under what circumstances; this must
also include how the observer can ask/submit questions during the interview
5. Each agency will check records for previous contacts with the family, individual
clients/family, and/or suspected perpetrators
6. When to begin the investigation under constraints of workload and legal mandates (Section
19-3-308, C.R.S.)
7. Determination of site to conduct interviews
8. Plan for the order of interviewing victims, siblings, parents, any witnesses, relatives,
teachers, therapists, and suspected perpetrators
9. Determination regarding videotaping and/or audio taping of interviews (Section 19-3-308.5,
C.R.S.)
10. Determination of how ongoing case plans are to be coordinated
11. Whether any specialized interviewing aids will be used
12. When and how medical evaluations and/or photographs can be obtained
13. Who will obtain and maintain the evidence gathered
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
LEGAL AUTHORITY
LEGISLATIVE INTENT: Focus of the Cooperative Agreement shall be to ensure the best
protection for the child (Section 19-3-308 (5.5), C.R.S.)
COLORADO CHILDREN'S CODE TITLE 19.19-1-102. C.R.S.
1. Secure for each child such care and guidance, preferably in his own home, as will best serve
his welfare.
2. Preserve and strengthen family ties.
3. Remove a child from parental custody only when he is endangered and for courts to proceed
with speed to serve his best interests.
4. To secure for any child removed from parental care the necessary care, guidance, discipline.
COLORADO CRIMIAL CODE TITLE 18,18-102 AND 102.5, C.R.S.
1. To define offenses, the act and mental state, and to give fair warning of what is prohibited and
the penalties upon conviction.
2. To forbid commission of offenses and act as deterrent, rehabilitate and punish those convicted.
3. To differentiate between serious and minor offenses, prescribe penalties proportionate to
seriousness and recognize rehabilitation possibilities.
4. To prevent arbitrary treatment of offenders and identify minimum standards for criminal justice.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
APPENDIX 3
SPECIFIC LAW RELATED TO COOPERATIVE AGREEMENT
19-3-308 (4) (a), C.R.S.
1. Gives responsibility of coordination to HHS for all intrafamilial abuse and neglect incidents.
2. Provides that HHS shall conduct the investigation in conjunction with the local law enforcement
agency if deemed possible and appropriate.
19-3-308 (5) C.R.S.
1. If law enforcement is unable to contact HHS, after diligent effort to contact, it shall conduct a
complete investigation and institute appropriate legal proceedings on behalf of the child.
2. Law enforcement shall have access to the Colorado Central Registry for Child Abuse for
information pursuant to this section.
3. Law enforcement shall, upon receipt of a report and upon completion of any investigation,
forthwith forward a summary of the investigatory data plus all relevant documents to HHS.
19-3-308 (5.3) (a). C.R.S.
1. Law enforcement shall have the responsibility for the coordination and investigation of all
reports of THIRD PARTY abuse or neglect by persons ten years of age or older. (See
Appendix 5 for definition of third party abuse.)
2. If law enforcement believes the welfare and safety of a child is at risk, they shall notify HHS for
an assessment regarding dependency and neglect.
3. Law enforcement shall refer to HHS any third party abuse or neglect in which the alleged
perpetrator is under age ten.
4. Upon completion of an investigation, the local law enforcement agency shall forward a copy of
its investigative report to HHS.
5. HHS shall review the investigative report and determine whether the report should be filed with
the Colorado Central Registry for Child Abuse.
19-3-308 (5.3) (b). C.R.S.
1. If, before a third party investigation is completed, law enforcement determines social services
are needed for the child, they may request such from HHS.
2. HHS shall immediately respond to law enforcement's request for services or assistance.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
19-3-308 (5.5,) C.R.S.
1. Upon the receipt of a report, if HHS reasonably believes that an incident of abuse or neglect
has occurred, it shall immediately notify the local law enforcement agency responsible for
investigation of violations of criminal child abuse laws.
2. It is the general assembly's intent that, in each county of the state, law enforcement agencies
and the respective County department of Human Services shall develop and implement
cooperative agreements to coordinate duties of both agencies in connection with the
investigation of all child abuse or neglect cases that the focus of such agreements shall be to
ensure the best protection for the child. The said agreement shall provide for special requests
by one agency for assistance from the other agency and for joint investigations by both
agencies.
STANDARDS OF PROOF
Civil Procedure — Preponderance of the evidence: Section 19-3-505, C.R.S. requires that after all of
the evidence has been weighed, the outcome will be in favor of the side that has presented the most
convincing evidence. The Indian Child Welfare Act requires clear and convincing evidence for
dependency/neglect cases.
Criminal Procedures — Beyond a reasonable doubt: Requires that the evidence point to only one
conclusion and leaves no reasonable doubt about that conclusion.
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DocuSign Envelope ID: 88423781-3A44-417B-A29A-EC6BFF028146
Appendix 4
Definitions of Abuse and Neglect per Colorado Children's Code
"Institutional Abuse"
Any case of abuse that occurs in any public or private facility in the state that provides child care out
of the home, supervision, or maintenance. "Facility" includes, but is not limited to, any facility subject
to the Colorado "Child Care Act" and which is defined in Section 26-6-102, C.R.S. Institutional abuse
shall not include abuse that occurs in any public, private, or parochial school system, including any
preschool operated in connection with said system: Except that, to the extent the school system
provides extended day services, abuse that occurs while such services are provided shall be
institutional abuse.
"Intrafamilial Abuse"
Any case of abuse that occurs within a family context by a child's parent, stepparent, guardian, legal
custodian, or relative, by a spousal equivalent as defined in Section 19-1-103 (101) C.R.S., or by any
other person who resided in the child's home or who is regularly in the child's home for the purpose of
exercising authority over or care for the child: except that "Interfamilial Abuse" shall not include abuse
by a person who is regularly in the child's home for the purpose of rendering care for the child if such
person is paid for rendering care and is not related to the child.
"Sexual Assault"
A case in which a child is subjected to sexual intercourse, including genital -genital, oral -genital, anal -
genital, or oral -anal, whether between persons of the same or opposite sex or between humans and
animals; penetration of the vagina or rectum by an object; masturbation, sexual sadomasochistic
abuse (Section 19-1-103 (96.5 a -e and 97, a -d) and as defined in C.R.S.§18-3-402, C.R.S.§18-3-405,
C.R.S.§18-3-405.3, -C.R.S.§18-3-405.5, C.R.S.§18-3-404, & C.R.S.§18-3-304.
"Third Party Abuse"
A case in which a child is subjected to abuse by any person who is not a parent, stepparent,
guardian, legal custodian, spousal equivalent, as defined in Section 19-1-103(108), C.R.S., or any
other person included in the definition of intrafamilial abuse.
"Spousal Equivalent"
A person who is in a family -type living arrangement with a parent and who would be a stepparent if
married to that parent. Section 10-1-103(101), C.R.S.
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