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R98-016RESOLUTION NO. R98-/~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF CHILDREN AND FAMILIES TO PROVIDE FOR COOPERATION BETWEEN AGENCIES FOR THE JOINT INVESTIGATIONS OF CHILD ABUSE REPORTS INVOLVING CRIMINAL ALLEGATIONS; AND PROVI DIN, WHEREAS, ove~ Sheriffs Associations, FI, Chiefs Association, Flori Children and Families h~ Understanding which wi services; and WHEREAS, in ore and assure proper inforr staff of the Department ¢ WHEREAS, the determined that it will be to enter into the aforesai NOW, THEREFOI THE CITY OF BOYNTOI _~ AN EFFECTIVE DATE. the East several months, representatives of the Florida )rida Prosecuting Attorneys Associations, Florida Police :la Department of Law Enforcement and Department of ve been working together on a modern Memorandum of meet the needs of both law enforcement and social er to comply with the mandates in Section 415.5018 F.S. iation sharing between local law enforcement and local f Children; and City Commission of the City of Boynton Beach has the best interests of the citizens and residents.of the City Agreement; ',E, BE IT RESOLVED BY THE CITY COMMISSION OF ~1 BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and direct the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and the Department of Children And Families to provide for cooperation between agencies for the joint investigations of child abuse reports, involving criminal allegations. A copy of the agreement is attached hereto as Exhibit Section 2. T, his Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~,.~ day of'January, 1998. ATTEST: CITY OF BOYNTON BEACH, FLORIDA. C~Ommi~ioneJ/ / o° mm,ss,2 Corn'mis~ioner- LORIDA DEPART/,AENT OF CHILDREN & FAMILIES Lawton Chiles Governor Edward A. Feaver Secretary February 11, 1998 Sue Kruse, CMC/AAE City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 Re: Resolution #R98-16 (Memorandum of Understanding/Working Agreement) Dear Ms Kruse: Attached please f'md the original of the above referenced document signed by Mayor Taylor, Chief Gage and Sandra B. Owen. I thank you. very much for your assistance in this matter. Sincerely, Donna J. Newsome Program Operations Administrator .Family? Safety and Preservation Program 2300 Florida Mango Road, West Palm Beach, Fla. 33409 Working in partnership with local communities to help people be self. sufficient and live in stable families and communities. RESOLUTION NO. R98-/~. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF CHILDREN AND FAMILIES TO PROVIDE FOR COOPERATION BETWEEN AGENCIES FOR THE JOINT INVESTIGATIONS OF CHILD ABUSE REPORTS INVOLVING CRIMINAL ALLEGATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, over the last several months, representatives of the Florida Sheriffs Associations, Florida Prosecuting Attorneys Associations, Florida Police Chiefs Association, Florida Department of Law Enforcement and Department of Children and Families have been working together on a modem Memorandum of Understanding which will meet the needs of both law enforcement and social services; and WHEREAS, in order to comply with the mandates in Section 415.5018 F.S. and assure proper information sharing between "local law enforcement and local staff of the Department of Children; and WHEREAS, the City Commission-of the City of Boynton Beach has determined that it will be in the best interests of the citizens and residents of the City to enter into the aforesaid Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and direct the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and the Department of Children And Families to provide for cooperation between agencies for the joint investigations of child abuse reports, involving criminal allegations. A copy of the agreement is attached hereto as Exhibit Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~,d day of January, 1998. ATTEST: Cit~ Clerk :~ 0 ~TO~-' ~%~'- ~ ~lllllllllllll~t~~' CITY OF BOYNTON BEACH, FLORIDA Mayor Vice/M~y0r ' C'c~mmi>.ssion;~ r MEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT Boynton Beach Police Department and the Department of Children and Families The agencies named in this document agree to the following: A. pURPOSE The purpose of this Memorandum of Understanding is to coordinate services to the families of Palm Beach County through cooperation, collaboration, and the sharing of appropriate information by agencies within this jurisdiction. Specifically, this agreement establishes operational protocols for the joint investigation of abuse reports involving criminal allegations in order to: · provide standard, consistent and thorough investigations · maximize the resources through a joint investigative process · minimize the number of interviews for children who are victims of abuse or neglect · allow for the orderly collection of evidence in the criminal investigative process · ensure the provision of appropriate services when deemed necessary for children and their families provide a forum for on-going communication and resolution of issues involving family safety in this community and foster an effective collaboration among - law enforcement - state attorney - judiciary - domestic violence providers - child protection team - local school system - Department of Juvenile Justice - Department of Children and Families (DCF) Bo DEFINITIONS "ChildAbuse/Neglect": Harm or threatened harm to a child's physical or mental health or welfare by the acts or omissions of a parent, adult household member, or other person responsible for the child's welfare, or, for purposes of reporting requirements, by any person. [415.503(3), F.S.] "Criminal Investigation": An investigation conducted by an appropriate law enforcement agency for the purpose of uncovering evidence which may lead to an individual's prosecution for adult abuSe, neglect, or exploitation, or child abuse, neglect, or abandonment, or other appropriate criminal charges. "Domestic Violence": means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. "Emergency Placement - Child": The temporary care of a child who is alleged to be or who has been found to be dependent, pending further disposition, before or after adjudication or after execution ora court order. The placement may be with a relative, non-relative or state licensed home or facility. "Family or househoM member": means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time. "Joint Investigation": Two agencies conducting concurrent criminal and protectiv~ investigations. "Protective Investigation": A fact finding and emergency service engagement process with the prkmary goal of protecting children, disabled adults or elderly persons. INVESTIGATIVE PROCEDURES The Florida Abuse Hotline shall be responsible, as required by Section 415.504(2)(a), F.S., for transferring all calls with information that a child has been harmed by a non-caretaker to the Sheriff of the county in which the harm occurred. a. The Sheriff will be responsible for establishing procedures for accepting such information including any follow-up hard copy report from DCF, and transferring it to any other appropriate law enforcement jurisdiction. The law enforcement agency designated to receive non-caretaker abuse calls for Boynton Beach is the Boynton Beach Police Department; the phone # is 561-375-6100. Hard copies of DCF reports documenting child-on-child sexual allegations will be forwarded to the Boynton Beach Police Department, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 within 48 hours of receipt: Unless otherwise specified in this written agreement or required by law, all reports of alleged abuse or neglect of a child taken by the DCF Abuse Hotline for the area under the jurisdiction of the law enforcement agency signing this agreement will be transmitted to the local Department of Children and Families Office in Palm Beach County. The Department of Children and Families protective investigator retains the resPonsibility for notifying the Boynton Beach Police Department as required by Sections 415.5018 and 415.505, Florida Statutes, immediately upon receipt of a report alleging or immediately upon learning during the course of investigation or when providing services that: a. the immediate safety or well-being of a child is endangered; b. the family is likely to flee; c. a child received an observable injury as a result of abuse/neglect; d. a child has a medically diagnosed internal injury as a result of abuse/neglect; e. a child has died as a result of abuse or neglect; f. a child is the victim of aggravated child abuse as defined in Section 827.03, F.S.; g. a child is the victim of sexual battery or of sexual abuse as defined in Section 415.503, F.S.; h. a child is the victim of institutional abuse as defined in Section 415.504, F.S. The protective investigator shall immediately notify, by either telephonic or electronic means, the Boynton Beach Police Department that the Depa[hnent of Children and Families has received a report or learned of a situation covered by Section C.3 of this agreement. A written copy of the report will be delivered to the Boynton Beach Police Department within one working day. The Boynton Beach Police Department is responsible for assessing and responding to potential criminal allegations enumerated under Section C.3 above. As required by Section 415.50'18, F.S., the Boynton Beach Police Department will assume lead in conducting any potential criminal investigations involving children in cases specified in Section C.3 above. The protective investigation will be coordinated with the criminal investigation. Evidence gathered in criminal investigations will be handled according to the policies and procedures of the Boynton Beach Police Department. In addition to proper storage and security of Physical evidence, the o 10. 11. 12. Boynton Beach Police Department and the Department of Children and Families will ensure proper storage and maintenance of records/case file information in accordance with their policies and procedures. The agencies agree to conduct joint investigations. During the course of such i~vestigations, the agencies agree to share information on an on-going and continuous basis. Both agencies understand that the safety of the victim is of primary concern and that the request for protective investigation by the Department of Children and Families must be responded to by DCF within 24 hours of receipt of the report. When the Boynton Beach Police Department determines that probable cause exists for possible filing of criminal charges in the case of child abuse, notification to the State Attorney will be processed as required and the Department of Children and Fami lies will be notified. If the Boynton Beach Police Department requests that the alleged perpetrator not be interviewed by the protective investigator, that request shall be honored. The Department of Children and Families case record must document the date and time of the request, the person making the request and the reason for the request. The Boynton Beach Police Department agrees to advise the Department of Children and Families when .and ifa protective interview can be conducted and, when appropriate, share the results of any interview conducted by the Boynton Beach Police Department.. The Department of Children and Families will be responsible for assessing the immediate safety of the child and taking the necessary actions that will ensure the continued safety of the child. The Department will also be responsible for determining and implementing necessary services to support the fam~y. The Child Protection Team will be utilized in accordance with Section 415.5055 and Section 415.5018(3), F.S. by both the Department of Children and Families and the Boynton Beach Police Department as appropriate in order to obtain needed assessments, interviews and staffings to assist in gathering evidence and providing services to children and their families. The Department of Children and Families and the Boynton Beach Police Department shall develop, implement, and provide training on joint investigative protocols and protocols for the assessment of family violence during abuse investigations and the assessment of abuse during family violence investigations. To the extent set forth in this memorandum of Understanding/Working Agreement or the written protocol which is. attached to and incorporated by reference, the Boynton Beach Police Department has assumed partial or full responsibility for conducting certain components of protective investigation under Sections 415.502-415.514, F.S., related to cases involving criminal investigations and assures that it will be in compliance the procedural requirements of Section 415.502-415.514, F.S. Any conflict in the interpretation of this Memorandum of Understanding/Working Agreement shall be resolved through communication between the Chief of Police 4 Do of the Boynton Beach Police Department or his designee and Sandra B. Owen, Program Administrator for the Department of Children and Families, Family Safety and Preservation or her designee. SHARING OF INFORMATION Pursuant to Section 415.5018, F.S., and within statutory guidelines, the Boynton Beach Police Department is authorized to share with assigned Department of Children and Families protective investigators, Florida criminal history information accessed through the Florida Crime Information Center (FCIC) and not otherwise exempt from Section 119.07(I), F.S. a. Such information may be used only in the furtherance of a specific child protective investigation, including the emergency placement of an endangered child. The agencies will clearly define those investigations specified under this section b. Such information will be provided without charge c. Such information may be provided by the assigned criminal investigator or through Special Investigative Unit. d. The release of such information will be documented in accordance with applicable Florida Department of Law Enforcement FCIC procedures. Within statutory guid/:lines, the Boynton Beach Police Department will, upon request, provide to the designated child protective investigator a copy of all initial law enforcement reports relating to a domestic violence incident, including a narrative description of the incident, and any subsequent, supplemental, or related reports. a. Such reports shall be clearly defined as part of this agreement but shall include those in which children are present when family violence OCCUrs. b. Such reports shall be used only for the purpose of child protective investigations and placement of children under DCF care. Within statutory guidelines, the Boynton Beach Police Department shall develop procedures to allow access to or otherwise share all appropriate local criminal information on an individual under investigation with the assigned protective investigator. Within statutory guidelines, the Department of Children and Families will provide to the law enforcement agency copies of protective investigation reports during criminal investigations. Any reports shall be provided without cost to the law enforcement agency. Copies of these reports shall include the identity of the reporter which remains confidential pursuant to Section 415.51, F.S. o All information, reports, documents, etc., provided under the provisions of this agreement shall retain any confidential status provided under law and shall not be distributed outside the undersigned agencies unless otherwise authorized or mandated by law. Marshall B. Gage Chief of Police Ge aid Jerry/;7~aT, rl~r,~or City of B~t~(d Bea~ Date Designated Contact Sandra B. Owen, Program Administrator Department of Children and Families Family Safety & Preservation Date Designated Contact Date/Designated Contact