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