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HomeMy WebLinkAboutC24-172 EC Human Services_EC Law Enforcement AgenciesCOOPERATIVE AGREEMENT BETWEEN EAGLE COUNTY DEPARTMENT OF HUMAN SERVICES AND EAGLE COUNTY LAW ENFORCEMENT AGENCIES This agreement is entered into on April 4, 2024, by and between Eagle County Department of Human Services, hereinafter "Human Services", and; DISTRICT ATTORNEY OF THE 5TH JUDICIAL DISTRICT EAGLE COUNTY SHERIFF’S OFFICE VAIL POLICE DEPARTMENT BASALT POLICE DEPARTMENT AVON POLICE DEPARTMENT EAGLE POLICE DEPARTMENT COLORADO STATE PATROL Hereinafter “Law Enforcement". WITNESSETH WHEREAS, Colorado law encourages cooperation between local departments of Human Services and Local Law Enforcement; and WHEREAS, from time to time, Eagle County Human Services and Local Law Enforcement have the responsibility to assess/investigate allegations of child abuse and neglect; and WHEREAS, the parties hereto desire to memorialize their cooperative arrangement; and WHEREAS, by custom, Human Services has taken the prime responsibility to assess/investigate intrafamilial child abuse and neglect cases, and the parties affirmatively state that this Agreement is not intended to change this custom; and WHEREAS, while each of the undersigned professionals and agencies have specific responsibilities in the treatment, protection, and investigation of children, it is acknowledged that the multidisciplinary team approach on matters of child abuse and neglect is a more positive approach to the ultimate resolution of the problems related to these most difficult situations; and WHEREAS, the purpose of this agreement is to enhance the ability of agencies, organizations, and individuals to implement coordinated efforts in dealing with children and families involved in child abuse and neglect, NOW THEREFORE, the parties agree as follows:           1 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 DHS and LEA 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 safe in Eagle County, Colorado. 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 safety, protection and best interests of the child is paramount. AGREEMENT SUBJECT: Eagle County Department of Human 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. PROTOCOL FOR COOPERATION The following protocol shall apply for cooperation between Eagle County Human Services and local Law Enforcement. A. Child abuse reporting laws allow reports to both Law Enforcement and Human Services. This makes cooperation essential to assure prompt action, protection for the child and the responses required by law. The decision regarding who assess /investigates a suspected child abuse/neglect case shall be made jointly by the referring agency and the receiving agency. Joint assessment/ investigation may also be requested by the receiving agency if there is a determination of that need.           2 B. All referrals should be made to the Colorado State Hotline (1-844-264-5437). The Hotline serves as a direct, immediate, and efficient route for Eagle County Human Services to receive and respond to child abuse and neglect inquiries and reports.The Department of Human Services has an assigned caseworker and supervisor on call twenty-four hours per day, seven days per week. The on call employees can be reached via Hotline. C. Cases of minor physical abuse/neglect will not require immediate referral to local Law Enforcement by the staff of Human Services. All cases of a more severe nature require immediate contact with local Law Enforcement. All reports can be made by initially calling Dispatch at 970- 479-2200 in Eagle County or 970-920-5310 in Pitkin County. D. Third-party abuse or neglect cases investigated by Law Enforcement as provided in Section 19-3- 308(5.3)(a) shall not require immediate notification to Human Services. In such cases, Law Enforcement shall make a referral during business hours to the child abuse and neglect hotline listed above. E. All reports of founded child abuse/neglect shall be forwarded by the County Department to the District Attorney's office and the local Law Enforcement agency. F. Joint investigations shall be preceded by a planning session to outline the conduct of the interview prior to the investigation. However, some assessments/investigations will proceed according to a standard plan of actions, while others will require a unique approach. Upon completion of the joint assessment/investigation: a. Law Enforcement continues criminal investigation without the involvement of Human Services. This shall include the submission of the information to the District Attorney for disposition. b. Human Services shall be responsible for determining what measures are necessary for the protection of the children, which may include, but not necessarily limited to the removal of the child (ren) from the home, the filing of a Petition for Dependency and Neglect, and appropriate notification to the Court if removal has occurred. It is understood that there may be times when law enforcement must, for the immediate safety of children, execute an emergency removal, however law enforcement will try to involve the DHS prior to removal. c. Appropriate sharing of reports must occur. Law Enforcement shall provide Human Services with copies of incident reports when requested. RESPONSIBILITY FOR INVESTIGATION G. The following are applicable cases, or types of cases, where it is expected that the sole investigation will be conducted by Human Services (Law Enforcement may be called at any time there may be a safety risk to any worker): 1. Minor physical abuse 2. Substance exposed newborn           3 3. Organic Failure to Thrive 4. Medical neglect (including failure to provide medically indicated treatment to disabled infants with life threatening conditions and drug affected babies). 5. Sexual abuse when perpetrator under age 10. Exception, if there is indication that the perpetrator under age 10 is also the victim of someone over 10. 6. Educational neglect. In truancy cases, after charges have been filed by the school district. 7. Emotional abuse. 8. Medium severity level neglect, lack of supervision. 9. Intrafamilial or third party abuse in a licensed child care setting, foster home, group home or institution As noted below, moderate to severe physical abuse and sexual abuse will still be a joint investigation. H. The following are examples of cases where it is expected that the sole investigation will be conducted by Law Enforcement (Human Services may be called when determined by both parties to be in the best interest of the safety of the child). 1. Third-party physical abuse. 2. Third party sexual abuse, when the alleged perpetrator is over 10 and it can be determined that the perpetrator is not an abused child. 3. Report of immediate danger to a child when proximity and speed of Law Enforcement response is needed, when DHS services are not available, and risk to the child indicates immediate evaluation is needed (e.g., welfare checks). I. The following cases shall be jointly investigated by Human Services and Law Enforcement when abuse or neglect is suspected: 1. Death of a child. 2. Medium to severe physical abuse or risk of this. Joint investigation by Human Services and Law Enforcement is recommended to evaluate the need for immediate medical evaluation, protective custody of the child and appropriate civil and criminal action 3. All head trauma injuries (i.e., subdural hematoma). 4. All injuries involving ruptured organs, unjustifiably explained abdominal injuries or any injury consistent with abuse. (The history given concerning such conditions 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). 5. All fractures which are unjustifiably explained, or multiple fractures or in various stages of healing. (The history given concerning such conditions 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). 6. All second or third degree burns, including cigarette burns or other burns consistent with abuse (such as immersion burns). 7. All lacerations to the face, external genitalia or extremities which are unjustifiably explained. (The history given concerning such conditions is at variance with the degree or           4 type of such condition or death; or the 5 Circumstances indicate that such conditions may not be the product of an accidental occurrence). 8. Intra familial sexual abuse. 9. Injurious Environment when there is a concern for serious bodily injury or death of an adult. 10. Sexual abuse when the alleged perpetrator may be a child victim, or the perpetrator may have his/her own children under the age of 18, or any other child may be at risk. 11. Whenever there is a concern that a suspected perpetrator who is a parent, custodian, guardian or a child may flee. 12. When a parent, custodian, or guardian of a child refuses access to the child(ren) by Human Services or Law Enforcement, or refuses medical examination of the child(ren). It is recognized that it may be necessary for Human Services to obtain a Court Order for access to said child(ren). 13. Any case in which a child is subjected to human trafficking to include sexual and labor servitude. 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, including but not limited to C.R.S. §§ 24-72-304(4) and (4.5). 1. Requests to a Law Enforcement Agency for DHS records: Requests for any DHS materials, including reports, documents, recordings, and evidence, shall be referred to the DHS Records Custodian by emailing CWRecords@eaglecounty.us and released to persons authorized by state statute or court ruling. 2. Requests to DHS for Law Enforcement Records: The parties acknowledge and agree that records DHS 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 DHS a redacted summary report of the criminal investigation. Requests to DHS 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 DHS for Third Party Records: Requests for any DHS materials, including reports, documents, recordings, and evidence, that were created by a third party and not Eagle County DHS or the LEA shall be referred to that third party’s records custodian.           5 LANGUAGE AND CRITERIA FOR SEVERITY LEVELS OF SUSPECTED ABUSE This section is intended to ensure that all parties are using the same language and criteria for identification of suspected abuse and neglect cases. Ɣ ABUSE ż Minor - Excessive or inappropriate force used resulting in a superficial injury. ż Medium - Excessive or inappropriate force used resulting in an injury which may require medical attention. ż Severe- Excessive or inappropriate force used resulting in a serious injury which requires medical attention and/or hospitalization. ż Near fatal - Involves an incident in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse and/or neglect. ż Fatal - Physical or emotional needs of a child are not met resulting in death. Ɣ NEGLECT ż Minor - Physical or emotional needs of child are marginally or inconsistently met, but little or no impact on the child's functioning. ż Medium - Physical or emotional needs of a child are inadequately met resulting in some impairment in the child's functioning. ż Severe - Physical or emotional needs of a child are not met resulting in serious injury or illness. ż Near fatal - Physical or emotional needs of the child are not met in an incident in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse and/or neglect. ż Fatal - Physical or emotional needs of a child are not met resulting in death. Ɣ SEXUAL ABUSE ż Severity of sexual abuse should be determined based upon the type of contact, duration of contact, and the emotional impact upon the child. GENERAL PROVISIONS OF COOPERATIVE AGREEMENT A. 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. The District Attorney may provide guidance, as well. In extreme circumstances, the Court may be requested to intervene to resolve issues related to the legal responsibility of each agency. B. Because agencies and communities are changing entities, annual review for modification or evaluation is accepted as a part of this cooperative agreement. Anyone from these parties can request an annual meeting to review and discuss issues directly related to the fulfillment of this agreement.           6 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 CRIMINAL 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 a 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. [Remainder of page left intentionally blank]           7 THE UNDERSIGNED INDIVIDUALS REPRESENTING THEIR RESPECTIVE AGENCIES HAVE READ THIS DOCUMENT AND AGREE TO IMPLEMENT THE PROCEDURES AS OUTLINED. _______________________________________ Heidi McCollum, DISTRICT ATTORNEY, 5TH JUDICIAL DISTRICT _______________________________________ James Van Beek, EAGLE COUNTY SHERIFF _______________________________________ Gregory Knott, Chief of Police, BASALT POLICE DEPARTMENT _______________________________________ Ryan Kenney, Chief of Police, VAIL POLICE DEPARTMENT _______________________________________ Gregory Daly, Chief of Police, AVON POLICE DEPARTMENT _______________________________________ Carrie Buhlman, Interim Chief of Police, EAGLE POLICE DEPARTMENT _______________________________________ Barry Bratt, Lieutenant Colonel, COLORADO STATE PATROL _______________________________________ Megan Burch, Director, EAGLE COUNTY HUMAN SERVICES