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HomeMy WebLinkAboutC22-269 MOU_CASA of the Continental DivideDocuSign Envelope ID: A89F4CDC-0261-41C3-B8F7-24058F2CEC7C MWORANDUM OF UNDERSTANDING Among Fifth Judicial District Courts Eagle County Summit County Department of Human Services Lake County Department of Human Services Clear Creek Department of Human Services CASA of the Continental Divide MISSION STATEMENT CASA of the Continental Divide guides volunteer advocates who ensure a child's safety, best interest and well-being are at the forefront of legal proceedings. Achieving the goal of this program requires the development of a good working relationship among the Fifth Judicial District Court, hereinafter referred to as the Court, the Eagle County Department of Human Services, hereinafter referred to as ECDHS; the Summit County Department of Human Services, hereinafter referred to as SCDHS; the Lake County Department of Human Services, hereinafter referred to as LCDHS; the Clear Creek Department of Human Services, hereinafter referred to as CCDHS and CASA of the Continental Divide. This Memorandum of Understanding identifies and clarifies that relationship. w.�wu��■reiw�w■� DocuSign Envelope 10: ANF4CQC-0281-41C3-88F7-24058F2CEC7C SECTION 1. CASES TO BE REFERRED TO CASA PROGR-hM IT IS AGREED that the following categories of dependency and neglect cases under the jurisdiction of the Fifth Judicial District Court are most appropriate for referral to the CASA program. This does not exclude referral of cases outside of these categories. A. Children aged 0-21 who are at risk of emotional, physical and/or sexual harm. B. Children aged 0-21 who are victims of neglect and/or suffer from failure to thrive. C. Children aged 0-21 who may suffer a continuing risk of abuse and neglect upon reunification. D. Children aged 0-21 who will be assigned to out of home placements. SECTION 1I. ROLE AND RESPONSIBILITY OF CASA VOLUNTEER IT IS AGREED that the role and responsibility of the CASA volunteer are as follows: A. ROLE A CASA volunteer is appointed as an Officer of the Court in Fifth Judicial District Court to provide the Court and other responsible persons with independent and objective information regarding the status of children involved in cases filed under Titles 19, 14, 15 and 26 C.R. S. Primarily, other responsible persons include the Caseworker and the ECDHS, SCDHS, LCDHS, CCDHS and the Guardian ad Litem, the County Attorney and the Attorneys for respondent parents. Upon appointment, the CASA volunteer independently gathers and assesses information, develops recommendations and submits written and verbal reports, which will be considered by the Court to aid in its decisions and to protect the best interests of the child. The Court may direct the manner in which a CASA volunteer and any Guardian ad Litem appointed in a case shall collaborate. The CASA volunteer will comply with the requirements of Section 19-1-209, C.R.S. The CASA volunteer will comply with all requirements of CASA of the Continental Divide and will abide by the restrictions contained in Section 19-1-207, C.R.S. B. RFSPONSIBICrI'Y The mandate of the CASA volunteer is to assist the Court in assuring that the best interests of the child are served in relation to his or her right to a safe and permanent living environment. The CASA volunteer, in consultation with CASA of the Continental Divide Program Staff, is responsible for reporting, as specified in Section III. e., any information regarding the continuing safety of the child. The CASA volunteer reports to and is directly supervised by CASA of the Continental Divide Program Staff. The Program Staff is responsible for the CASA volunteer's performance and is responsible for facilitating interactions among the CASA volunteer, the Court and named parties. The CASA volunteer will comply with the provisions of Section 19-1-208, C.R.S. Docu5lgn Envelope ID: A89WDC-02131-41C3-B8F7-2405BF2CEC7C SECTION IM IIVti'LE'7VIENTATI0N OF VOLUNTEER ACT VI M A. TRAINING AND SUPS -2MOTT CASA of the Continental Divide will be responsible for conducting initial and on- going in-service training for CASA volunteers and will certify those volunteers completing the training program as being ready to begin service. The training will meet the minimum requirements of Section 19-1-204, C.R.S. CASA of the Continental Divide will be responsible for all volunteer management duties, i.e. recruitment, screening, training, assignment and supervision of CASA volunteers. •Q MIS► When CASA volunteers have been trained, selected in a manner consistent with Section 19-1-205, C.R.S., and certified as ready for service, the Court will conduct swearing -in ceremonies, and appoint the CASA volunteers as Officers of the Court. This appointment will remain in effect until such time as the CASA volunteer's service is terminated. C. ASSI(2gN0%Tf AND TERMNATION: 1. The Court will identify to CASA of the Continental Divide cases for which the assignment of a CASA volunteer is requested. Cases will be identified for referral at the earliest possible stages or at such other time as the Court deems appropriate. In addition, requests for the assignment of a CASA volunteer may be made to CASA of the Continental Divide by the ECDHS, by the SCDHS Caseworker, by the LCDHS Caseworker, by the CCDHS by the County Attorney; by the Guardian ad Litem; by the Respondent Attorney or by other interested parties in the case. 2. The Court will notify CASA of the Continental Divide of the Order of Appointment of CASACD. The Court will distribute the Order of Appointment to all other parties in the case. Contingent upon availability of a volunteer appropriate for the case, CASA of the Continental Divide will assign a CASA volunteer and will notify the Court of the assignment. CASA of the Continental Divide retains the right to accept or deny a case before assignment of a CASA volunteer. 3. Pursuant to Section 19-1-206, C.R.S., the Court when making any CASA appointment may, in its discretion, appoint the CASA volunteer as a party to DocuSign Envelope ID: A89F4CDC-0281-49C3-B8F7-24658F2CEC7C the action. If the CASA is not made a party to the action at the time of the initial appointment, the Court, in its discretion, may make the CASA a party at such later time as the Court determines will be in the child's best interests. 4. All CASA volunteers will be bound by the confidentiality requirements of Section 19-1-211, C.R.S. The court order of appointment will include a reaffirmation of the confidentiality oath. 5. The order of appointment will also include a specific order pursuant to Sections 19-1-206(2) and 19-1-210, C.R.S. authorizing the CASA volunteer to review all relevant documents, to have access to such records and other information relating to the child, parent, legal guardian, or other parties in interest as the Court deems necessary, and to interview all parties involved in the case, including parents, other parties in interest, and any other persons having significant information relating to the child. 6. The time at which the CASA volunteer begins to perform service on the case actively will be determined on a case by case basis, by CASA of the Continental Divide in accordance with the order of the Court. Upon each new assignment, the CASA volunteer will reaffirm his or her commitment to be bound by confidentiality standards and ethics throughout the assignment. 7. The CASA volunteer will continue in active service on the case until the Court's jurisdiction over the child terminates, or upon discharge by the Court on its own motion or at the request of CASA of the Continental Divide Program Staff. Legal guardians or the Department of Human Services may request termination of CASA services when services are considered no longer appropriate. D. INFORMA`noN GA`Il-IERYNQ 1. Pursuant to Section 19-1-208(1), C.R.S., upon appointment in an action, a CASA volunteer may have the duty to conduct an independent investigation regarding the best interests of the child that will provide factual information to the Court regarding the child and the child's family. The investigation shall include interviews with and observation of the child, interviews with other appropriate individuals, and the review of relevant records and reports. 2. Once the CASA volunteer has been assigned, CASA of the Continental Divide Program Staff will review the case file and may schedule a meeting(s) as needed, involving parties in the case such as the Guardian ad Litem, the ECDHS, the Caseworker with the SCDHS, the Caseworker with the LCDHS, the Caseworker with CCDHS, the CASA volunteer, the appropriate CASA of the Continental Divide Program Staff person and other appropriate persons. The court order authorizing the CASA volunteer to have access to such records and other information relating to the child, parent, legal guardian, and other parties in interest as the Court deems necessary will be given to each party to the case. The 4 DocuSign Envelope ID: A89F4CDC-0281-41C3-B8F7-2405BF2CEC7C meeting will include a review of the background of the case, identification of informational sources already contacted and identification of key issues. 3. The duties the CASA volunteer will perform may include: (a) Interviews: Relevant and appropriate persons may include school personnel, social workers, medical and psychological care providers, parents, immediate family members, other relatives, foster parents and others, depending on the facts of the case. The CASA volunteer should make arrangements to visit the child, and be assisted in making these arrangements by CASA of the Continental Divide Program Staff and the ECDHS, SCDHS, LCDHS, and CCDHS. (b) Department of Social Services Staffing: The CASA volunteer should be notified and may participate in regular case staffings and foster care reviews convened for information purposes and conducted by the Human Services department assigned to the case. The CASA volunteer should be notified and may also participate in any special staffing convened by the Department when the child's treatment plan is effected. CASA of the Continental Divide will inform the Department of Human Services of any meetings pertaining to the case. (c) Access to Information: The CASA volunteer will have access to information relevant to the child's case through the Court Order of Appointment. The CASA volunteer will make arrangements with either the ECDHS, SCDHS, LCDHS, and CCDHS to review the file at a mutually convenient time. Access to and review of ECDHS case files will be limited to current child welfare case files for the assigned children) and will be in accordance with ECDHS policies which protect the confidentiality of reporters of child abuse and neglect and respect the confidentiality of foster families, volunteers and other professional colleagues. Any documents or reports distributed to the parties in the case shall be distributed to the CASA volunteer at the same time. A Contact with Supervisor: The CASA volunteer and their CASA of the Continental Divide Program Staff supervisor are expected to maintain regular contact throughout assignment to a case. Generally, this contact will be at least one time per week in the early stages of a case. Additional supervision will be implemented based on the needs of the volunteer and/or case. OocuSign Envelope IC: A89F4CDC-0281-41C3-68F7-24058F2CEC7C A. RIPOR`I'1NG: The CASA volunteer will provide the Court with both written and oral reports, as required. 1. Written reports: The CASA volunteer shall assure that the child's best interests are being advocated at every stage of the case and prepare written reports to be distributed to the parties of the action. The CASA volunteers will prepare written reports under the supervision of CASA of the Continental Divide Program Staff in a format and manner prescribed by the Court. Written reports are to be submitted to the Court in accordance with Court policy prior to any hearing. Copies of the written report are to be sent by CASA of the Continental Divide to the Court, to the ECDHS or the SCDHS or the LCDHS or the CCDHS, Guardian ad Litem, the County Attorney, the Attorney(s) for Respondent Parents and all parties of record. In addition to reports prepared for court hearings, written reports may be submitted whenever it is determined by the CASA volunteer and the CASA of the Continental Divide Program Staff that information discovered by the volunteer significantly impacts the welfare and safety of the child, and/or the continued implementation of the treatment plan. A copy of each written report is kept by CASA of the Continental Divide in the agency's case files. 2. Verbal Reports: The CASA volunteer may be requested to provide verbal reports during Court proceedings. 3. Mandatory Reporting: CASA of the Continental Divide agrees that the CASA volunteer shall immediately report in person or by phone any suspected child abuse or neglect. (a) All reports of child abuse and neglect should be called into the state wide hotline and are then routed to the local county for disposition. 1-844- CO- 4-KIDS (844-264-5437) OR 911 if there is immediate endangerment. 4. Testimony: The CASA volunteer may be called as a witness in an action by any party or the Court and may request of the Court the opportunity to appear as a witness. DocuSign Envelope ID: A89F4COC-0281-41C3-B8F7-2405BF2CEC7C SECTION IV WORKING RaATIONSFM A. CASA of the Continental Divide Program Staff will supervise the CASA volunteer and facilitate the interaction of the CASA volunteer with the ECDHS, SCDHS, LCDHS, CCDHS, the Court and other named parties. B. The CASA volunteer will maintain an activity log for each assigned case and will seek guidance and assistance from CASA of the Continental Divide Program Staff in the performance of CASA duties. C. The Court and the ECDHS, the SCDHS, the LCDHS, and the CCDHS will remain accessible to CASA of the Continental Divide Program Staff on an as -needed basis to facilitate the smooth and effective operation of the CASA program. There can be no ex parte communication. D. CASA of the Continental Divide Program Staff may accompany the CASA volunteer during court proceedings and ECDHS, SCDHS, LCDHS, and CCDHS staffings, and will substitute for the CASA volunteer if the volunteer is unable to attend these activities. E. CASA of the Continental Divide, the ECDHS, SCDHS, LCDHS, CCDHS and the Court will maintain open lines of communication with one another and within their own organizations to support the effective management and operation of the CASA program and, to the fullest extent possible, will coordinate and cooperate in matters pertaining to the implementation and operation of the CASA program. DocuSlgn Envelope ID, A89F4CDC-0251-4iC3-B8F7-2405BF2CEC7C SEC' C NV, ACC VNCE This Memorandum of Understanding has been reviewed and accepted by the management of governing bodies of the organizations indicated below, A. FIFTH JUDICIAL DISTRICT COURT L- I Z1 Paul Dunkelman Date Chief Judge, Fifth Judicial District B. EAGLE COUNTY Jeff Shrdl Jul 14, 2022 Jeff Shroll, County Manager Date C. SUMMIT COUNTY DEPARTMENT OF HUMAN SERVICES Xpla//r,.. jZ/gM Adult & Family Program Manager July 20, 2022 Authorized Representative and Title Date D. COU11TY DEPARTMENT OF HUMAN SERVICES (-U - V�� Q�t� r/k ti p w6fart Authorized Representative and Title Date E. .atCREEK COUNTY DEPARTMENT OF HUMAN SERVICES saraG. ,assouna Department of Human Services Director 7/20/2022 Au orize epresentative and Title Date F. CASA OF THE CONTINENTAL DIVIDE g4a4;1-4. W424� Co -Executive Director of Programs July 25, 2022 Authorized Representative and Title Date 8